News & Publications

Nov 14th, 2019

Business Litigation & Real Property Case Update, November 2019

November 11

Carruth v. Bentley, Case No. 18-12224 (11th Cir. 2019).

The Governor and those in his employ are entitled to qualified immunity for governmental actions taken to regulate a credit union.

Center for Biological Diversity v. U.S. Army Corps of Engineers, Case No. 18-10541 (11th Cir. 2019).

An agency must consider the indirect environmental effects of its permits, but the indirect effects must be proximate and do not include effects that are insufficiently related to an agency’s action.

In Re: Amendments to Florida Rules of Appellate Procedure 9.120 And 9.210, Case No. SC19-884 (Fla. 2019).

The Florida Rules of Appellate Procedure are amended to allow cross-notices and briefs when jurisdiction is pending.

Blamey v. Menadier, Case No. 3D19-849 (Fla. 3d DCA 2019).

Upon rehearing, the Third District holds that an attorney’s drafting of a term sheet for purchase of corporate stock is sufficiently related to the dispute over failure to deliver the stock such that the attorney, who represented the selling entity in some matters, cannot represent the buyer against the selling entity.

JJN FLB, LLC v. CFLB Partnership, LLC, Case No. 3D19-1875 (Fla. 3d DCA 2019).

Adverse rulings are not grounds for recusal of a judge, but judicial findings that counsel lied in proceedings before the court indicate future bias and require recusal.

Tison v. Clairmont Condominium F Association, Inc., Case No. 4D19-117 (Fla. 4th DCA 2019).

Legal rights accrue and are fixed when the last element of the cause of action occurs and not when the action is brought. Accordingly, a former unit owner who sold his unit is entitled to an award of attorney’s fees under Florida Statute section 718.303(1) if he was a unit owner when his right to attorney’s fees accrued.

Central Florida Investments, Inc. v. Orange County, Case No. 5D19-943 (Fla. 5th DCA 2019).

Appeals from a local government code enforcement board are plenary appeals governed by Florida Statute section 162.11, and are not petitions for writ of certiorari.

November 5

Sellers v. Rushmore Loan Management Services, LLC, Case No. 18-11420 (11th Cir. 2019).

Whether the Bankruptcy Code precludes or preempts Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., claims is a common rather than individual issue, and thus may meet class certification predominance requirements.

Yarbrough v. Decatur Housing Authority, Case No. 17-11500 (11th Cir. 2019).

Termination of housing vouchers issued under Section 8 of the Housing Act of 1937, 42 U.S.C. § 1437f, requires “some evidence” but does not require a “robust substantive evaluation of the sufficiency of the evidence supporting an administrative determination.”

Wilcox v. Neville, Case No. 1D18-4057 (1st DCA 2019).

Florida Statute section 768.79(6) requires the “judgment obtained” calculation to include the amount of any settlement by a co-defendant after the date of service of the offer on the defendant by which the verdict was reduced.

The Prestige Gallery, Inc. v. Napleton, Case No. 1D18-2318 (Fla 1st DCA 2019).

While there is no case law defining what constitutes “nominal damages,” an award of $80,000 as nominal damages is excessive as a matter of law.

Hedden Z Oldco, LLC, Case No. 2D18-4584 (Fla. 2d DCA 2019).

The filing of a declaratory judgment action as to one claim does not negate the right to arbitration arising from all claims.

Port Royal Property, LLC v. Woodson Electric Solutions, Inc., Case No. 3D19-1397 (Fla. 3d DCA 2019).

The four-part Kinney System, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla. 1996), test is not to be used for determining venue transfers within Florida.

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