Business Litigation & Real Property Case Update
Al-Rayes v. Willingham, Case Nos. 18-11059, 18-11539 (11th Cir. 2019).
A judgment debtor husband and his non-debtor wife can form an "association in fact" under Boyle v. United States, 556 U.S. 938, 944 (2009) (individuals in an association-in-fact enterprise are “associated together for a common purpose of engaging in a course of conduct”) for R.I.C.O. liability purposes.
Verizon Wireless Personal Communications, LP v. Bateman, Case No. 2D18-161 (Fla. 2d DCA 2019).
An arbitration agreement survives a bankruptcy discharge because the arbitration provision is not a "debt" or "claim" as defined under the Bankruptcy Code.
Zurich American Insurance Company v. Puccini, LLC, Case No. 3D17-0690 (Fla. 3d DCA 2019).
The Third District employs the "case by case" approach in determining whether a tenant is a co-insured under an insurance policy covering a landlord, and as a result, whether the tenant is immune from insurer subrogation actions by the insurer.
Yost-Rudge v. A to Z Properties, Inc., Case No. 4D17-3204 (Fla. 4th DCA 2019).
A homestead is not "abandoned" (thus permitting one spouse to sell without the signature of both spouses) when the non-consenting spouse is involuntarily forced off the property.
Chaudhry v. Pedersen, Case No. 5D18-709 (Fla. 5th DCA 2019).
All parties having an interest in a disputed property are required to be joined to determine the true ownership of the property. In other words, when a plaintiff alleges he entered into an agreement to purchase property in name of one spouse to then be transferred to plaintiff, but instead that husband transferred property to himself and his wife, the other spouse (wife) who owns disputed property with her spouse is required to be joined.