Florida Real Property and Business Law Update
Florida Real Property & Business Litigation Report, Volume 13, Issue 18
The Bank of New York Mellon v. Barber, Case No. 1D18-2097 (Fla. 1st DCA 2020).
A trial judge may not raise defenses not raised by the defendant; doing so makes the judge an advocate for one of the parties.
Elizon DB Transfer Agent, LLC v. Ivy Chase Apartments, LTD., Case No. 2D19-1853 (Fla. 2d DCA 2020).
Upon rehearing, the Second District re-affirms that an allonge signed before closing can establish standing.
Pritchard v. Levin, Case No. 3D19-964 (Fla. 3d DCA 2020).
A corporation generally has no duty to disclose merger discussions, and thus, a corporation has no duty to disclose past merger discussions when entering into a termination agreement with an executive even though the corporation later merges with the company with which it originally had discussions.
Castro v. Mercantil Commercebank, N.A., Case No. 3D19-1179 (Fla. 3d DCA 2020).
Written consent to a continuing writ of garnishment necessarily includes a waiver of the head of family exemption under Florida Statute section 222.11.
CWELT-2008 Series 1045 LLC v. Park Gardens Association, Inc., Case No. 3D19-1341 (Fla. 3d DCA 2020).
An association that litigates a case for 29 months waives its right to demand arbitration under Florida Statute section 718.1255(4)(a), even if its counterclaim is only a month old.