For sellers, maybe they have discovered that the land is more valuable to them than they first assumed. AmeriGas Propane, Inc. v. Sanchez, 335 So.3d 1253, 1257 (Fla. 3d DCA 2021); Hinners v. Hinners, 312 So. Brendan A. Sweeney, Esq., is an AV Preeminent Martindale Rated Attorney, that has been recognized as a Florida Super Lawyer in 2019, Florida Legal Elite in 2019, and as a Florida Super Lawyer Rising Star in 2018, 2017, 2016, 2015, and 2014. Breach of Third-Party Beneficiary Contract, Breach: 05. Under Florida law, forcing that buyer to perform can only be done by a court if there is no other adequate remedy at law. If the judge tries to order specific performance and the buyer can establish that other remedies were available (i.e. That same judge also said a party raising impossibility as a defense . They would prefer to force payment or forbid someone from taking a specific action. We therefore reverse and remand with instructions to enter final judgment for appellant, voiding the purchase and sale agreement. The trial court granted the motion finding that the property owners failed to comply with the right of first refusal and the right of first refusal remained in effect. Brendan A. Sweeney, Esq., of Sweeney Law, P.A., a boutique firm in Fort Lauderdale, Florida, prosecutes and defends real estate litigation matters throughout Florida. When there is a breach of contract, the non-breaching party typically sues for monetary damages. Why Sue for Specific Performance of a Florida Real Estate Contract? Address is 4 Linwood Drive, Fort Walton Beach, Florida. In some instances, that party would rather have the court force the other party to comply with the terms of the agreement. For reference, there are certain subjects where specific performance comes up more often, including real estate and the exchange of other unique property. The plaintiff is required to show that he or she is entitled to receive an equitable remedy. Specific performance is an alternative to seeking monetary damages as compensation for losing the benefit of a contract. 19-62687-CIV, 2021 WL 2682561, at *3 (S.D. Then please feel free to send Larry an. But no defense is one-size-fits-all: each is contract- and fact-specific. However, the party that wants to do the deal isnt pleased with the change of position, of course. This field is for validation purposes and should be left unchanged. [The buyer] argues that its principals personal resources are sufficient to show the company had a reasonable certainty of being able to complete the purchase, but this falls short of the binding commitment the law requires. ROMANO LAW Do you have questions or comments? An award of specific performance is most common in the following situations: Typically, a defendant will try to argue that monetary damages are available and that there is a method to calculate damages with a reasonable degree of accuracy. 2020); Swain v. Junior, 961 F.3d 1276, 1284-85 (11th Cir. Under the unclean hands defense, neither party is . In late October, the church learned that there would be a delay in getting the needed zoning changes: zoning hearings would drag on for another 6 months. Even without force . Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. Additionally, that seller better be ready, willing, and able to do his part of the agreement if he or she is asking the court to make the buyer specifically perform their end of the bargain. Here are several specific affirmative defenses you might use in a State of Florida contracts lawsuit. The existence of fraud, mutual mistake, false representation, impossibility of performance, or other ground for rescission or cancellation; Plaintiff has rescinded the contract and notified defendant of such rescission; If the plaintiff has received benefits from the contract, the plaintiff should further allege an offer to restore . "Impossibility Of Performance" - Linkhorst & Hockin, P.A. For instance, in M&M Realty Partners at Hagen Ranch, LLC v. Mazzoni, 2020 WL 7296793 (11th Cir. U.S. Supreme Court: Glossip v. Gross, 135 S. Ct. 2726, 2736-37 (2015). PDF List of Affirmative Defenses and Counterclaims - Miami Valley Fair April 25, 2022); State of Florida v. Department of Health and Human Serv., 19 F.4th 1271, 1279 (11th Cir. The jurisdiction of equity to grant such injunction is substantially coincident with its jurisdiction to compel a specific performance. And, its always a lot cheaper than paying to fix a problem after a closing occurs. ", "Sweeney is incredibly effective and aggressive when necessary. (8) Plaintiff cannot enforce a money judgment or prevent defendant from dispersing assets pending litigation trough a temporary injunction. By submitting this form I acknowledge that contacting the Law Office of Clifford J. With a Contractual Right, Tortious Interference: 3. Common Defenses for a Breach of Contract Claim Arbitrability of a Dispute Does a Judge or Arbitrator Decide? This field is for validation purposes and should be left unchanged. It is also possible that by the seller and seller's attorney even having notice of a threatened specific performance action marketability of the property is at risk. Recently, she expressed if we cancel, she hopes the Seller will release the Contract. The buyer, appellee here, did not meet that burden in attempting to show an option term longer than six months. When Can You Sue For Breach of Contract in Florida? 2020), a buyer entered into a land sale contract with a seller. It is important to consult anattorneybefore entering into any agreements and prior to bringing a lawsuit in order to protect your rights and seek appropriate recovery for your losses. Specific performanceis a method of remedy recognized in every state, as well as under federal law. The complaint or counterclaim in which specific performance is sought must also communicate these clear and definite terms, distinguish them in the contract, and plainly describe the property. Fla. 2015)(Marra, K.). To establish a prima facie claim forspecificperformanceof a contract or for damages for breach of a contract, Florida law requires the plaintiff to show it was ready, willing, and able to perform the contract. endstream endobj 56 0 obj <>stream Airport Executive Towers v. CIG Realty, Inc., 716 So.2d 311, 313 (Fla. 3d DCA 1998); see also Naegele Outdoor Advertising Co., Inc. v. City of Jacksonville, 659 So.2d 1046, 1047 (Fla. 1995) (advancing a merely colorable claim is not enough to show a substantial likelihood of success); Silver Rose Entertainment, Inc. v. Clay County, 646 So.2d 246, 248 (Fla. 1st DCA 1994)(same). hbbd``b`@ H0k _$ { ( ", "I retained Brendan to defend a debt, he ended up having the debt wiped out and had the debt collector pay us triple what the debt was for consumer violations. For Florida purposes, specific performance pursues the specific enforcement of transferring ownership of the subject property as contracted for in the underlying sales contract. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address: 2100 E. Hallandale Beach Blvd Suite 200 Hallandale Beach, Florida 33009. 2d 1193, 1195 (Fla. 4th DCA 1982), citing Restatement (Second) of Torts 936 (1979). 32. D. Excuse of performance. With a Dead Body, Tortious Interference: 4. All Breach Of Contract Defences (Affirmative & Other Contract Law Defenses) 3:17cv146J32JRK, 2017 WL 1552034, *1 (M.D. Defenses to a Breach of Contract Claim | Nolo This Q&A covers defenses to contract formation, performance, and damages. Today, all those have merged, and the court can make a decision on whether to issue a monetary judgment or issue equitable relief. This Blog is made available by Romano Law PLLC for general informational and educational purposes only, not to provide specific legal advice. Mann v. Thompson, 100 So.2d 634 (Fla. 1stDCA 1958). Its business, just business, in many of these scenarios. v. Kartenovich, 749 So.2d 1290, 1291 (Fla. 3d DCA 2000); Nivel Parts & Mnf. When you retain our services, we can help you with all your legal needs, including specific performance claims. The Eleventh Circuit was not going to disregard corporate formalities of setting up a limited liability company for purposes of insulating liability simply because the principals of the two members of the limited liability company independently had money to close. Answers to questions can be compared across many jurisdictions (see Breach of Contract Defenses: State Q&A Tool). San Diego, CA 92108, 101 NE Third Avenue At the Law Office of Clifford J. The property owner refused to honor the right of first refusal and entered into a purchase and sale contract to sell the property to another buyer. Both claims were predicated on the same facts. When a real estate deal blows up in Florida, its usually because one side or the other has made a business decision that the agreement is no longer in their best interests to perform, and they would rather not sell the land or buy the property. See, e.g., Northwestern Nat. The rest of the elements for this cause of action; The citations to the most recent state and federal court cases citing the cause of action. We strongly prefer to not close on the contract. This means that the time to bring the cause of action has as a matter of law. https://www.huntlawgrp.com/sec-issues-proposal-to-improve-disclosures-related-to-businesses-acquisitions-and-dispositions/, 8200 Seminole Boulevard Personal Jurisdiction and Florida Courts Two-Prong Analysis, Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages, Evidentiary Hearing Warranted before Compelling Non-Signatories to Arbitration, Mutual Mistake or Unilateral Mistake in Contract, Employees Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement, Comparative Fault Applies when Substance of the Action is Sounded in Negligence, Work Product Document and Withholding of Documents Based on Doctrine, Nature of Disclosure under Floridas Public Whistleblower Act, Declaratory Relief in Insurance Coverage Dispute, Statute of Limitations Accrual for Breach of Contract, Enforce Settlement Agreement OR Breach of Settlement Agreement, Objecting and/or Refusing to Participate in Employers Activity in Violation of a Law, Rule, or Regulation under Floridas Whistleblower Act, Quick Note: Obtaining a Default Final Judgment, Appealing a Protective Order that Precludes You from Deposing Material Witness, Tortious Interference with Business Relationship and Two Defense Privileges, Possible or Speculative Events do Not Give Rise to Fraudulent Nondisclosure, Prevailing Party in Civil Action Entitled to Recover Costs, Properly Exercising the Right of First Refusal, Reasonable Attorneys Fees Expert when Attorneys Fees are the Damages, Prejudgment Interest for Economic Damages is Predicated on the Loss Theory, Take Advantage of Video Conference Consultations with an Attorney. Sixth District:Lusby v. Canevari, 2023 WL 2336712, *2 (Fla. 6th DCA March 3, 2023). Both claims were predicated on the same facts. The invaluable online tool for litigation and transactional attorneys. 13 In any event, Florida courts have held that the pendency of a lawsuit seeking specific performance of property makes the title to the property unmarketable 14 and the threat of Specific Performance: Overview. Answers to questions can be compared across many jurisdictions (see Breach of Contract Defenses: State Q&A Tool). The trial court entered a final judgment ordering specific performance of the contract; the church appealed that decision. 2d 500, 501 (Fla. 4th DCA 1996). The Allegro at Boynton Beach, L.L.C. A negative defense is the specific denial of the material fact or facts alleged in the pleading . See, e.g., Pronman v. Styles, No. New Orleans Saints. The plaintiff moved for summary judgment where its motion claimed that upon election of its remedy, it seeks damages or specific performance. Monetary damages are a type of legal remedy with its own set ofrequirements. Williamson v. Williamson, 367 So.2d 1016, 1018 (Fla. 1979)( [H]e who seeks equity must stand before the court with clean hands and he who seeks equity must do equity.);PNC Bank, Natl Assn v. Smith, 225 So.3d 294, 295 (Fla. 5th DCA 2017). If a plaintiff could double recover on mutually exclusive theories of liability based on inconsistent facts, then plaintiffs would recover double than what they are rightfully entitled to. "Latest Update" refers to when we last checked for revised rankings. LIST OF DEFENSES, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS Truth in Lending Act (TILA) Citation: 15 U.S.C. Fourth District:Leposky v. Ego, 348 So.3d 1160 (Fla. 4th DCA Oct. 14, 2022); Point Conversions, LLC v. WPB Hotel Partners, LLC, 324 So.3d 947, 956 (Fla. 4th DCA 2021); Shake v. Yes We Are Mad Grp., Inc., 315 So.3d 1223, 1226-27 (Fla. 4th DCA 2021); Hinners v. Hinners, 312 So. Contract terms, and the common law, may provide defenses to a COVID 19-driven breach. Because this is a broad standard, predicting what the court will do is not necessarily easy. Toll Free: 727-471-0444. Florida Specific Performance in Real Estate Agreements. Enter to open, tab to navigate, enter to select, https://content.next.westlaw.com/practical-law/document/Ib46a606d6f8e11ea80afece799150095/Breach-of-Contract-Defenses-Florida?viewType=FullText&transitionType=Default&contextData=(sc.Default), Breach of Contract Defenses: State Q&A Tool. - The would-be beneficiary experiences losses (usually . OLNcGfs>+A{c[,qW? Specific Performance and Florida Contract Law Manner in which Information (Such as Customer Lists) Compiled can Constitute Trade Secret, Forum Non Conveniens Heavy Burden for Defendant, Third-Party Complaint Must Allege Claim for Indemnification, Subrogation, or Contribution, Negligent Training, Retention, Supervision, and Entrustment Claims Against Individual Officers and Agents, Nonbinding Arbitrations under Florida Law and Moving for a Trial De Novo, Five-Year Statute of Limitation Applies to Reformation of Written Instrument Claim, Floridas Judicially Created Impact Rule and Emotional Distress, Attorneys Fee as an Element of Compensatory Damages, Value of Restrictive Covenant when Moving for Permanent Injunction, Reasonable Attorneys Fee Hearing Does Attorney Need to Testify at Hearing, Word to the Wise: File Your Notice of Appeal TIMELY, Contract is Not Hearsay; It has Independent Legal Significance, Voluntarily Dismissing a Lawsuit that Gives Rise to Attorneys Fees (Oh No! ( four years ); Hollywood Lakes Section Civic Ass'n, Inc. v. City of Hollywood, 676 So. Florida law is constantlychanging. Middle District:Oppenheimer & Co. v. Majani, 2023 WL 2403884, *2 (M.D. The deal didnt close. As [the buyer] is relying upon the resources of third parties, namely [principals], to show it was ready, willing, and able to close, [the buyers] arguments properly go to the third possible showing, i.e., that it has a binding commitment from a financially able third party. Election of Remedies Doctrine and Claims for Specific Performance and Top Defenses to Breach of Contract in Florida If a claim is filed after the statute of limitations has passed, that claim will be barred. Still, there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. Ins. Regularly Prosecutes and Defends. Complete Performance. vAV/5v;0 Specific Performance and Florida Contract Law When it comes to contract disputes, the most common remedy involves financial restitution. Avery v. Marine Bank & Trust Co., 216 So.2d 251 (Fla. 2d DCA 1968). Co. v. Greenspun, 330 So. It also covers procedural and equitable defenses specific to breach of contract. It can be granted only when: 1) the plaintiff is clearly entitled to it, 2) there is no adequate remedy at law, and 3) the judge believes that justice requires it. Breach of Implied in Fact Contract, Breach: 06. Subscribe to The Florida Litigation Guide To Access Everything! In The Allegro at Boynton Beach, the plaintiff had a right of first refusal over real property owned by the property owner. We disagree. Florida's Statute of Frauds- Performance of Non-Written/Oral Contracts The Giants had a defense that seemed to consistently play above the level of expectations in 2020, but it might be time to just give them the credit they deserve this year. Fla. May 1, 2017). Specific performance is not typically granted for personal property unless it is an item that cannot be easily valued in an open market setting, like a family heirloom that would have more personal and emotional value than financial value. through this website does not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege. As discussed previously, force majeure clauses may address parties' obligations under such circumstances. Please contact David Adelstein at [emailprotected] or (954) 361-4720 if you have questions or would like more information regarding this article. Brown v. Dorby, 311 So.2d 159 (Fla. 2d DCA 1075); See Also Lasseter v. Dauer, 211 So.2d 584 (Fla. 3d DCA 1968). 2d 732, 736 (Fla. 1975)(including clear legal right element) with Naegele Outdoor Advertising Co., Inc. v. City of Jacksonville, 659 So. The Eleventh Circuit Court of Appeals affirmed. However, its important to understand that specific performance is not necessarily available for every contract dispute. A Q&A guide to common defenses to contract claims under Florida common law. Rescission - Florida Litigation Guide Most defenses to a breach of contract claim are referred to as "affirmative defenses." As a legal matter, this means that the party raising the defense (the person sued for breach of contract) has the burden of proving the defense, if the dispute goes to trial. Eleventh Circuit:Ho v. City of Boynton Beach, 2023 WL 2293517 *2 (11th Cir. Equitable remedies are those that do not involve the plaintiff receiving a monetary damages award, or financial compensation. Please note that we have no control over how frequently the experts update their rankings. With the Parent-Child Relationship, Unfair Competition Trade Name, Service Mark and Trade Mark Infringement, Wrongful Interference with Testamentary Expectancy. Therefore [the buyers] only hope is to show it had (3) a binding commitment from a financially able third party. The rule in Florida is well established that in a suit for specific performance of a contract for the sale of realty the plaintiff must do more than prove his case by a preponderance of the evidence; he must prove his case by competent and satisfactory proof which must be clear, definite, and certain. For instance, the contract for the sale of that condo, home, tract, or other piece of real estate cannot be confusing in its terms: it has to be clear in its terms. 18th Floor P. 1.110 (d) (pleading affirmative defenses), and other standard defenses. (15) The trial court cannot waive the bond requirement nor can it comply by setting a nominal amount. For buyers, maybe market prices changed and what was once a great bargain is now a bad deal. You can follow David Adelstein on Twitter @DavidAdelstein1. See Tate v. Jones, 16 Fla. 216 (1877) (explaining that the buyer also paid part of the purchase price);Taylor v. Mathews, 53 Fla. 776 (1907) (clarifying that the buyer also made substantial improvements to the property). Though, this remedy is only available to the buyer if the seller does indeed hold proper title to the property to convey. 0 Fla. March 8, 2023);Philadelphia Indem. Copyright 2023 The Florida Litigation Guide, 1997 to 2022 - Litigation Guide Publishing, LLC |, Freeman as Trustee of Fiddlesticks Land Trust U/A/D September 25, 1984 v. Berrin, 352 So. Can Siblings Force The Sale Of Inherited Property? Mar. In addition, Florida law excuses performance of a contract, if performance is either impossible or the contract purpose has become commercially frustrated.5 For either of these defenses to apply, the performance must be more than difficult or burdensome.6 Further, these defenses will not apply if the impossibility or frustration of purpose was He completely destroyed the opposition. Sweeney Law, P.A. Specific performance is typically awarded when money cannot adequately compensate the injured party and when the contractual obligation is unique or difficult to value. The seller refused claiming the buyer had not satisfied all conditions to closing, prompting this lawsuit for specific performance. WAIVER OF SPECIFC PERFORMANCE REMEDY - Law Insider 1280674CIV, 2015 WL 58629, *11 (S.D. Florida's New Jury Instructions in Contract and - The Florida Bar You can follow David Adelstein on Twitter @DavidAdelstein1. Specific performance requires the breaching party to fulfill their obligations as laid out in the contract, such as delivering a good/item or rendering the agreed upon payment. Holdings, Inc. v. Guirguis, 318 So.3d 1274, 1277 (Fla. 2d DCA 2021);Jackman v. Cebrink-Swartz, 334 So.3d 653, 656 (Fla. 2d DCA 2021); Phelan v. Trifactor Sols., LLC, 312 So. See Proctor v. Eason, 651 So. (four years); Hollywood Lakes Section Civic Assn, Inc. v. City of Hollywood, 676 So. Florida Courts have consistently held that, " despite the non-performing party's asserted defense, Florida law provides the performing party with possible counterarguments to the statute of frauds. In that situation, the non-breaching party can ask the court to grant the specific performance of the contract. Also, Plaintiff does not come into this suit with clean hands. Representatives of Our Savior Lutheran Church signed an official contract with representatives of Tom Jones Enterprises for the sale, and the document included the following language: Months passed. Fort Lauderdale, FL 33301, 802 Montgomery St. Phone: (954) 361-4720 32. Specific performance is a type of equitable remedy available in a breach of contract action. The contract clearly provided that the buyer had six months to obtain rezoning or to exercise the option to take the property as is. The buyer did not obtain rezoning during that period nor was there any attempt to exercise the option. In May 1978, a Lutheran church here in Florida decided to sell some land to a corporation named Tom Jones Enterprises. Thank you Brendan for everything you did for me.". Breach Implied Covenant of Good Faith & Fair Dealing, Breach: 10. (3) Injunctive relief is an extraordinary and drastic equitable remedy, which should be granted sparingly and only after the moving party has satisfied every one of the demanding prerequisites for such relief. A party may not obtain judgment for two remedies that are factually inconsistent. When appropriate, the court orders the breaching party to perform its obligations under the terms of the contract, such as delivering the goods or services promised in the agreement. at (954) 440-3993 immediately to protect your rights. Of Governors, 12 So. New York, NY 10004, 1925 Century Park East Cox v. La Pota, 76 So.2d 662 (Fla. 1955). Specific performance shall only be granted when 1) the plaintiff is clearly entitled to it, 2) there is no adequate remedy at law, and 3) the judge believes that justice requires it. The plaintiff sued the property owner for breach of contract for monetary damages and for specific performance (to force the property owner to sell the property to it based on its right of first refusal and prevent the sale to the buyer). Seaboard Oil Co. v. Donovan, 99 Fla. 1296, 1306 (Fla. 1930)(an injunction against the breach of a contract is a negative decree of specific performance of the agreement, and the general rule is that the power and the duty of a court of equity to grant the former is measured by the same rules and practice as its power and duty to grant the latter relief.); Thompson v. Shell Petroleum Corp., 130 Fla. 652 (1938)(An injunction restraining the breach of a contract is a negative specific enforcement of that contract. Fifth District:Estate of Fialkoff v. Wilmington Trust, 2023 WL 2616981, *2 (Fla. 5th DCA March 24, 2023);Florida Association of Realtors v. Orange County, Florida, 350 So.3d 115, 123 (Fla. 5th DCA Oct. 27, 2022); Howell v. Orange Lake Country Club, Inc., 303 So. Closing date on Friday the 11th of August. Wanting the terms of the contract fulfilled rather than payment for harm is not unreasonable, since you entered the contract for a reason in the first place. Specific performance is a form of remedy recognized in every state, as well as under federal law; however there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. Florida High Sch. The buyer claimed this prompted the seller to avoid closing. March 1, 2022); Chanel, Inc. v. exquisite527620 Store, 2021 WL 6135077, *3 (S.D. Once a lawsuit requesting specific performance of a real estate sales contract is filed in Florida, that land cannot be sold until the litigation is resolved no matter how long that might take. In an earlier article, I talked about the election of remedies doctrine. Specific Performance for Contracts Concerning the Sale of Florida Real Co., 949 So.2d 1066, 1070, n.3 (Fla. 2d DCA 2007)(emphasis added); see also FHR TB, LLC v. TB Isle Resort, LP., 865 F.Supp.2d 1172, 1192(S.D. "Brendan knows his stuff, totally helped me with my real estate fraud questions and helped me move the process forward, very honest and will come back to him always!!!! It is a remedy based on the concept of fairness. Pursuing a claim for specific performance is not necessarily easy. (18) A temporary injunction will not be overturned absent a clear abuse of discretion. Ames v. Ames, 204 So.3d 132, 133 (Fla. 4th DCA 2016). You know what happened. CA 90067, 237 S. Dixie Hwy. ), Equitable Relief: One seeking Equity MUST do Equity, Exculpatory Clauses will be Strictly Construed to Determine Enforceability, Do Yourself a Favor: Get a Court Reporter at that Impactful Hearing, Real Estate Brokers are NOT Immune from Liability, Res Judicata and 4 Requirements that Must be Demonstrated, Writ of Prohibition to Prevent Trial Court from Exceeding Jurisdiction, Directed Verdict Granted where No View of Evidence Could Support Jury Verdict, Petition for Writ of Mandamus Directing Trial Court to Take Action, Considerations: Independent Tort Doctrine and Claim Known as Equitable Accounting, Waiver is a Voluntary Relinquishment of a Known Right that Must be Proven with a Clear Showing, Dismissal Without Prejudice does NOT Trigger Attorneys Fees under Proposal for Settlements, Bert Harris Act and Competing Motions for Summary Judgment, Plaintiff MUST Confer Direct Benefit on Defendant to Prove Unjust Enrichment, You Cannot Intentionally Render Moot a Plaintiffs Lawsuit, Apparent Authority of Agent to Bind Principal, Serving the Civil Remedy Notice (CRN) to Perfect a First-Party Bad Faith Insurance Claim, Breach of Express Contract is Exception to Sovereign Immunity, Moving for and Challenging a Protective Order under the Apex Doctrine, Purchase-and-Sale Contract: Your Right to Modify Them, Premise Liability and Duty Owed to Business Invitees, Recovering Attorneys Fees in Litigating the Amount of Attorneys Fees, Business Interruption due to COVID-19 NOT Covered under Commercial Property Insurance Policy, Foreseeability and the Duty Element of a Negligence Claim, Post-Judgment Receiver Appointed to Collect on Behalf of Judgment Creditor, Reminder: Not Every Breach is a Material Breach of Contract, Adding a Non-Party Fabre Defendant to the Verdict Form, 3-Step Process for Objections to Trade Secrets, Attorneys Fees to Prevailing Party Under FDUTPA Claim are PERMISSIVE, Contractually Disclaiming a Fraud Claim (Possible, but not Easy to do), Floridas Single Publication Rule (and Defamation Claims), Reasonable Time to Accept Settlement Offer (is a Question of Fact), Contingency Fee Multiplier Must Establish the Relevant Market Factor, Business Judgment Rule Designed to Shield Directors from Personal Liability, Ambiguity in Insurance Policy Interpreted in Favor of Insured, Pure Bill of Discovery NOT for Purposes of Fishing Expedition, Partition Action does Not Result in Money Damages Against a Party, Consider Prevailing Party Attorneys Fees before Voluntarily Dismissing Case, Confession of Judgment does Not Start the Clock to File Motion for Attorneys Fees, Quick Note: Motion for Protective Order Reviewed Under Abuse of Discretion Standard of Review, There are NO Magic Buzz Words to Effectuate an Assignment, Presuit Appraisal Requirement under Bert J. Harris Act, Determining whether Lis Pendens Against Property is Appropriate Fair Nexus, Recovering Attorneys Fees Incurred on Partys Behalf, To Pierce Corporate Veil, there Needs to be Sufficient Findings of Improper Conduct, Timely Moving for Trial De Novo after Non-Binding Arbitration Award, Attorneys Fees do Not have to be Quantified in Proposal for Settlement, A Bad Deal does NOT Make It an Unlawful Deal, Dismissal of Complaint (Action under Floridas Public Whistleblower Act) for Failure to State Cause of Action, Duty Element of Negligence Did Defendants Conduct Foreseeably Create Broader Zone of Risk, Trier of Fact Determines Weight of the Evidence, Oops!
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