Florida Real Property and Business Litigation Report
Volume XVIII, Issue 24
June 14, 2025
Manuel Farach
Jekyll Island-State Park Authority v. Polygroup Macau Limited, Case No. 23-11415 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202311415.pdf
Even if the foreign company does not directly sell products in the United States, a federal district court may exercise personal jurisdiction over a foreign intellectual property holding company under Federal Rule of Civil Procedure 4(k)(2) which has purposefully availed itself of the benefits of United States law to protect its intellectual property portfolio.
Kennedy v. Slockett, Case No. 2D2024-1681 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2453190/opinion/Opinion_2024-1681.pdf
An employment agreement between professionals which contains a “broad” arbitration provision does not encompass intentional torts such as battery.
King & Spalding LLP v. The Residences at the Bath Club Condominium Association, Inc., Case No. 3D25-0961 (Fla. 3d DCA 2025).
Motions to withdraw as counsel should be routinely granted except in extraordinary circumstances (e.g., on the eve of or during trial) and the denial of such a motion warrants certiorari relief.
Isbell v. Bohrer, Case No. 4D2023-3114 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2453228/opinion/Opinion_2023-3114.pdf
The following attorney’s fee provision is not broad enough to entitle a movant to recover “fees for litigating fees” under Waverly at Las Olas Condo. Ass’n v. Waverly Las Olas, LLC, 88 So. 3d 386, 389 (Fla. 4th DCA 2012):
Section 7. Attorneys’ Fees and Costs. Should any litigation or legal proceeding be required by either party for the enforcement of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs which they incurred in the enforcement of this Agreement.
The Bank of New York Mellon v. Avigliano, Case No. 4D2024-1471 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2453230/opinion/Opinion_2024-1471.pdf
A foreclosure plaintiff that presents some evidence of the amount of damages under the loan has provided sufficient prima facie evidence of damages to preclude an involuntary dismissal, even if the evidence of damages was based on inadmissible hearsay that was erroneously admitted at trial.