Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 1
Cases of interest this week include:
Buehrle v. City of Key West, — F.3d —-, 2015 WL 9487716 (11th Cir. 2015).
Tattoos are a form of speech protected by the First Amendment, and governmental zoning prohibiting tattoo parlors must comply with First Amendment requirements.
HDE, Inc. v. Bee-Line Supply Company, Inc., — So.3d —-, 2015 WL 9491810 (Fla. 5th DCA 2015).
Sanctions may be awarded for failure to comply with appellate mediation orders.
Hiles v. Americare Home Therapy, Inc., — So.3d —-, 2015 WL 9491847 (Fla. 5th DCA 2015).
Referral sources are not a legitimate business interest, i.e., are not protected under Florida Statute section 542.335; conflict certified with Infinity Home Care, L.L.C., v. Amedisys Holding, LLC, 40 Fla. L. Weekly D2589b (Fla. 4th DCA Nov. 18, 2015).
The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger, — So.3d —-, 2015 WL 9487589 (Fla. 2d DCA 2015).
The activities of a landowner may constitute a judicially recognized nuisance even if the activity is permitted by statute, regulation or ordinance.
New Dirt, Inc. v. Harrison, — So.3d —-, 2015 WL 9491879 (Fla. 5th DCA 2015).
A money lent claim based on an oral agreement is not barred by the Statute of Frauds unless it is impossible to repay the money in less than one year.
Ramos v. Cach, LLC, — So.3d —-, 2015 WL 9491850 (Fla. 5th DCA 2015).
Florida Statute section 559.715 (creditor assignees must give notice of the debt being assigned to them) does not establish a private cause of action.
Musa v. Wells Fargo Delaware Trust Co., — So.3d —-, 2015 WL 9584864 (Fla. 1st DCA 2015).
With narrow exception, removal to federal court divests a state court of jurisdiction and any state court judgment rendered while removal is pending is void.