Landmark Florida Supreme Court Decision: Florida’s Economic Loss Rule

In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., the Florida Supreme Court held, in a five-to-two decision, that the economic loss rule is limited to products liability cases.  Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., 2013 WL 828003 (Fla. Mar. 7, 2013).   The case came to the Florida Supreme […]

Re-weighing Evidence on Appeal

In Demida Miami Gardens, LLC v. Master Excavators, Inc., the appellants, Demida Miami Gardens, LLC and David Paul appealed a final judgment in the amount of $933,617.43 which was a result of an action to enforce a personal guarantee provided to Master Excavators by Paul.  On appeal, two arguments were asserted: one, that the guarantee […]

Aircraft Financing Commission Dispute – Implied Contract Theory

A contract implied in law, or quasi contract, operates where there Is no contract in place to provide a remedy where one party is unjustly enriched, and where that party received a benefit under circumstances that made it unjust to retain it without giving compensation.  The plaintiff n Associated Leasing International Corp. v. Alpha Capital […]

Lack of Personal Jurisdiction – Breach of Contract Action by Broker for Failure to Pay a Commission on Aircraft Sale

In Corporacion Aero Angeles, S.A. v. Fernandez, 69 So. 3d 295 (Fla. 4th DCA 2011), the plaintiff, Jamie Gaston Fernandez (“Fernandez”) brought an action for breach of contract arising out an oral brokerage agreement for the sale of a jet owned by Aero Angeles, a Mexican corporation (“Aero”).  Fernandez claimed that he was not paid […]

Florida Statute section 702.10 – Expedite Foreclosure Procedure

Florida Statute section 702.10 provides for an expedited procedure by which a mortgagee can seek to foreclose on a mortgage.  Through this statutory section, a mortgagee can accelerate a foreclosure case by moving the court to conduct a hearing to show cause, and if no cause shown, the mortgagee can obtain a final judgment of […]

Requirement of Original, Uncanceled Promissory Note

Florida law requires the production of the original note for a party to recover on same. A payee's possession of an original uncanceled promissory note raises a presumption of non-payment that shifts the burden of proof to the payor to establish payment or another defense.   In the absence of the original note, the burden will […]

Florida Dispute Resolution Update: Arbitration or Litigation of a Fraud Dispute Stemming from a Real Property Purchase Transaction?

The Florida Supreme Court ruled that an action for fraud was within the scope of an arbitration provision in a contract for the purchase and sale of real property.  George Jackson, et al. v. The Shakespeare Foundation, Inc., et al., No. SC11-1196 (Fla. Jan. 31, 2013).  The underlying facts of the case are summarized as […]

Moving for Summary Judgment Prior to an Answer – A Difficult Burden

Another case in point where a summary judgment entered in favor of a mortgagee was reversed on appeal.  In Dominko v. Wells Fargo Bank, N.A., 102 So. 3d 696 (Fla. 4th DCA 2012), a mortgagor appealed from a grant of summary judgment in favor of the mortgagee.  In February 2010, Wells Fargo filed a mortgage […]

The Importance of Strict Compliance with Notice of Default Provisions in Loan Documents

In Judy v. MSMC Venture, LLC, 100 So. 3d 1287 (Fla. 2d DCA 2012), a mortgagee brought a foreclosure action.  At issue were two promissory notes executed by Thomas and Jill Judy in favor of Market Street Mortgage Corp., who was the defendant, MSMC Venture, LLC’s predecessor-in-interest.  In August 2007, MSMC sent a notice of […]

Shareholder Derivative Action versus Shareholder Direct Action – A Basic Explanation

Whether an action against a corporation is direct or derivative is one that has been addressed frequently under Florida law.  A derivative action is a cause of action that is brought by a shareholder to enforce a right of action that exists on behalf of the corporation, seeking to redress an injury suffered by the […]