CIVIL CASE LAW: 3d DCA
Business Contract: Sale of Business No. 3D09-550 AVVA-BC, LLC and Alan Amiel executed a single page, hand-written, agreement for the sale of AVVA’s business and the transfer of AVVA’s lease of the premises from which the business was being conducted. The day after the agreement was signed, Amiel, without receiving an assignment of the lease or […]
Insurance Contract: Improper Venue No. 3D10–3150 Mijares Holding Company, LLC is a Florida company which conducts business in Miami–Dade County. Mijares owns Bulk Express Transport Inc., which provides specialty trucking services within the state. In 2004, Mijares purchased commercial motor vehicle liability insurance from American Safety Casualty Insurance Company and allegedly Odyssey American Reinsurance Corporation. […]
CIVIL CASE LAW: 4th DCA
Stalking is within the definition of violence. No. 4D15-4607 4th DCA reverses the trial court’s denial of appellant’s petition for injunction for protection against repeat violence because sufficient evidence was presented to warrant an injunction, and the court overlooked the fact that the definition of “violence” under section 784.046, Florida Statutes (2015), includes stalking.
Plaintiffs did not prove liability for discriminatory enforcement. No. 4D14-4552 4th DCA reverses the jury verdict in the civil rights action because the evidence did not support the jury’s finding that the defendant personally selectively enforced the town ordinances or supervised anyone who selectively enforced the town ordinances against the plaintiffs.
Legal Description Error: Is there constructive notice? When a recorded mortgage contains a legal description error, the error is generally cured by the inclusion of a reformation count in the foreclosure complaint. However, a valid notice issue may arise if the legal description error is not harmless and there is a subsequent purchaser for value. […]
There is a minor. On occasion, there is a document transferring property to a minor. If the transfer is pursuant to Chapter 710 of the Florida Statutes, the document will generally identify the custodian. Fla. Stat. § 710.111(e) (2017). Nevertheless, the conveyance to the minor should be reviewed in accordance with section 710.113 of the […]