REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Lindke v . Freed , Case No . 22 – 611 ( 2024 ). A public official who prevents someone from commenting on the official ’ s socialmedia page engages in state action under § 1983 only if the official both possessed actual authority to speak on the State ’ s behalf on a particular matter and purported to exercise that authority when speaking in the relevant social-media posts .
NBIS Construction & Transport Insurance Services , Inc . v . Liebherr-America , Inc ., Case No . 22-14104 ( 11th Cir . 2024 ). The Eleventh Circuit certifies the following question to the Florida Supreme Court : Whether , under Florida law , the economic loss rule applies to negligence claims against a distributor of a product , stipulated to be non-defective , for the failure to alert a product owner of a known danger , when the only damages claimed are to the product itself ?
Heritage Property & Casualty Insurance Company v . Killmeyer , Case No . 4D2022- 1298 ( Fla . 4th DCA 2024 ). The crucial questions under Binger v . King Pest Control , 401 So . 2d 1310 ( Fla . 1981 ), are whether the identity of the witness and the substance of their testimony were known and whether prejudice resulted from the non-disclosure .
Hanson v . National Legal Staffing Support ,
LLC , Case Nos . 4D2022-3194 and 4D2022- 3438 ( 4th DCA 2024 ). Non-signatories generally can be bound by contracts they did not sign , but a non-signatory attorney to a settlement agreement signed by his clients is not bound by the agreement or the non-disparagement provisions in the agreement .
Dunmar Estates Homeowner ’ s Association , Inc . v . Rembert , Case No . 5D23-1971 ( Fla . 5th DCA 2024 ). Florida Statute section 720.311 ( 2 )( a ) requires pre-suit mediation as a condition precedent to filing a lawsuit for failure to provide access to homeowner associations records .
Advantage Limousine , LLC v . Koutsos , Case No . 2D22-257 ( Fla . 2d DCA 2024 ). Requiring a separate confidentiality agreement to be executed is an impermissible condition to a Proposal for Settlement but placing the confidentiality provision in the Proposal as set forth is permissible : [ T ] he parties agree to maintain the facts and terms of this Release as confidential , and documents or information provided by the parties related to the Claim and Litigation , with the exception of any pleadings or documents filed with the court and to the extent that law , ordinance , or governing body requires , shall also be confidential .
Daniels v . Redcap Lending , LLC , Case No . 2D22-4106 ( Fla . 2d DCA 2024 ). A plaintiff that loses at trial on a guaranty due to failure to satisfy a condition precedent requiring notice is barred by res judicata from bringing the same claim if it gives notice after the unsuccessful trial .
Venn Therapeutics , LLC v . CAC Pharma Investments , LLC , Case Nos . 2D23-819 and 2D23-821 ( Fla . 2d DCA 2024 ). Statutory claims as well as theories such as fraud in the inducement of a contract , fraud in the performance of a contract , or negligent misrepresentation are duties dependent upon the existence of a contractual relationship between the parties and therefore “ arise out of ” or are “ related to ” a contract such that they are subject to arbitration under a broad arbitration provision .
Quality Diagnostic Healthcare Inc . v . The Responsive Auto Insurance Company , Case No . 3D23-0446 ( Fla . 3d DCA 2024 ). A party is bound by the contract they sign regardless of whether they have read or understood it .
Telesco Construction Management , Inc . v . National Concrete Preservation , Inc ., Case No . 3D23-1730 ( Fla . 3d DCA 2024 ). A trial court should typically not require discovery pending a motion to compel arbitration .
North Bay Green Investments , LLC v . Cold Pressed Raw Holdings , LLC , Case Nos . 3D22-1292 and 3D23-0311 ( Fla . 3d DCA 2024 ). A plaintiff in a jury trial may await the jury ’ s verdict to elect remedies but a plaintiff in non-jury trial must elect before judgment .
Lima v . Intermarine Investments , LLC , Case No . 3D22-1492 ( Fla . 3d DCA 2024 ). Enforcement of a foreign judgment is entitled to comity where the parties have been given notice and the opportunity to be heard , the foreign court had original jurisdiction , and the foreign decree does not offend the public policy of the State of Florida .
Stoppa v . Infinity The Oaks LLC , Case No . 3D23-1101 ( Fla . 3d DCA 2024 ). Florida Statute section 83.232 ( 5 ) ( court must enter a default judgment of possession if the tenant fails to deposit rent as required by order ) applies only to non-residential tenancies .
Avila v . Biscayne 21 Condominium , Inc ., Case No . 3D23-1616 ( Fla . 3d DCA 2024 ). Changing the termination provision in a declaration of condominium from 100 % to 80 % impermissibly alters the voting rights of unit owners as doing so eliminates the veto right inherent in a requirement of a unanimous vote .
PBCBA BAR BULLETIN 22