Recently, cases of interest to the business and real estate litigation communities were ruled upon. Below are the case styles and their main decree:
Miljkovic v. Shafritz and Dinkin, P.A., — F.3d —-, 2015 WL 3956570 (11th Cir. 2015).
Representations made by an attorney in court papers are subject to the requirements and protections of the Fair Debt Collection Practices Act.
Braham v. Branch Banking and Trust Co., — So.3d —-, 2015 WL 4002385 (Fla. 5th DCA 2015).
Florida Statute section 655.85 (check-cashing fee is permissible) is not preempted by 12 U.S.C. § 1831a(j)(2) (2012) (out of state banks may conduct business in same manner as state banks). Moreover, section 655.85 does not grant parties a private right of action.
TD Bank, N.A. v. Graubard, — So.3d —-, 2015 WL 4002478 (Fla. 5th DCA 2015).
A foreclosure judgment sets the “validity, priority and extent of [the] debt, so introduction into evidence of the final judgment of foreclosure is not necessary when a deficiency judgment is entered in the same action as the foreclosure judgment.
Gawker Media, LLC v. Bollea, — So.3d —-, 2015 WL 4031705 (Fla. 2d DCA 2015).
Dismissing an objecting party from the lawsuit does not cure the objection of failure to comply with the mandatory requirement of Florida Rule of Civil Procedure 1.440 that a matter be “at issue” for 20 days prior to setting the matter for trial.
Quantum meruit is not available when the parties enter into an express contract.
San Pedro v. Law Office of Paul Burkhart, — So.3d —-, 2015 WL 4001966 (Fla. 4th DCA 2015).
An order awarding a charging lien must comply with lodestar requirements and set forth the number of hours expended and a reasonable hourly rate.
Wright v. JPMorgan Chase Bank, N.A., — So.3d —-, 2015 WL 4002319 (Fla. 4th DCA 2014).
A corporate parent is a different legal entity than its subsidiary, so a parent’s standing to bring suit is not automatically transferred to its subsidiary.
Culverhouse v. Paulson & Co. Inc., — F.3d —-, 2015 WL 3953290 (11th Cir.).
The Eleventh Circuit certifies to the Delaware Supreme Court the question of when is a claim direct or derivative in nature for recovery of losses.
