Florida Real Property and Business Law Update
Florida Real Property and Business Litigation Report, Volume 13, Issue 51
Digiport, Inc. v. Foram Development BFC, LLC, Case No. 3D18-1651 (Fla. 3d DCA 2020).
The question of whether an idea constitutes a “trade secret” under the Florida Uniform Trade Secrets Act is typically a fact issue, and thus summary judgment cannot be granted for a claim that the design of a data center for a building constitutes a trade secret.
Koyfman v. 1572 Pledger LLC, Case No. 3D19-1521 (Fla. 3d DCA 2020).
On rehearing, the Third District re-affirms that a person primarily liable on an obligation who pays the obligation is not entitled to subrogation against third parties, e.g., a party cannot pay off a second mortgage on which is it liable, have the mortgage assigned to it instead of having the mortgage satisfied, and then foreclose the “unsatisfied” second mortgage to extinguish junior liens.
1440 Plaza, LLC v. New Gala Building, LLC, Case No. 3D20-0120 (Fla. 3d DCA 2020).
A trial court stating that it was “granting” a party’s motion but then asking for additional argument reflects the trial court was leaning toward a particular outcome but does not demonstrate the trial court had prejudged the case.
Skylink Jets, Inc. v. Klukan, Case No. 4D20-615 (Fla. 4th DCA 2020).
The Fourth District recedes from prior precedent and holds that in some situations neither party in a contract action may be the prevailing party for purposes of an attorney’s fees award.
Baldwin v. Harris, Case No. 5D19-2791 (Fla. 5th DCA 2020).
Directing that a payment be made in an estate planning document does not satisfy a contractual obligation that the payment be made.
Wilcox v. Cupstid, Case No. 5D20-359 (Fla. 5th DCA 2020).
An award of attorney’s fees under Florida Statute section 704.04 (statutory right of way) requires a finding that one party unreasonably refused to comply with 704.01(2) and not just that one party prevailed.