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M.D. Fla.·
2023-11-07
Venue is improper in the Middle District of Florida because no substantial part of the events giving rise to the claims occurred there, and the injured third-party claimants are indispensable parties who cannot be joined, requiring dismissal of the action.
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S.D. Fla.·
2023-11-07
Head Kandy LLC sued former officer Kayla McNeill in federal court in Florida for allegedly misappropriating company funds through fraudulent expense reimbursements, unauthorized payroll charges, and disparaging statements that harmed the business. The court granted in part and de
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Fla. 5th DCA·
2023-09-08
The trial court erred in finding it lacked subject matter jurisdiction based on a "state action" requirement, as Marlowe sought a declaration of his own riparian rights and alleged actual injury from his neighbors' docks, not a hypothetical determination of the City's property ri
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Fla. 3d DCA·
2023-08-23
Medical providers who received assignments of benefits appealed the denial of their motion to intervene in a declaratory judgment action between an insurer and its insured. The appellate court reversed, holding that the providers' interest was direct and immediate enough to warra
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S.D. Fla.·
2023-07-21
The court held that Trendtex Holding has standing to sue for copyright infringement, but Trendtex Fabrics does not. Narmada Textile is not an indispensable party.
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Fla. 5th DCA·
2023-07-14
The appellate court reversed a summary judgment for the City and Van Dykes, finding genuine disputes of material fact regarding property ownership and riparian rights. The court also clarified that a dissolved corporation could still be served by publication for quiet title actio
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Fla. 2d DCA·
2023-07-07
The appellate court affirmed a lower court's summary judgment denying ad valorem tax exemptions for property leased by the Tampa Port Authority. The Port Authority argued the property appraiser lacked standing and that it was not timely joined as a party. The court rejected both
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S.D. Fla.·
2023-05-30
The court adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the motion to strike affirmative defenses, finding some defenses were not frivolous or legally insufficient.
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Fla. 3d DCA·
2023-05-24
# LEGAL BRIEF
**State Farm Mutual Automobile Insurance Company v. Central Therapy Center, Inc., a/a/o Antonio Garcia** involves jurisdictional issues regarding appellate authority to review cases, establishing that appellate courts must independently determine jurisdiction over
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S.D. Fla.·
2023-04-12
The court denied the motion to dismiss, finding it had personal jurisdiction over the defendants and that the complaint sufficiently stated claims for trademark infringement.
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Fla. 5th DCA·
2023-03-02
The legal father is an indispensable party in a paternity action unless his parental rights have been conclusively divested by prior judgment, and a motion for appellate attorney's fees in a paternity proceeding must be based on section 742.045, Florida Statutes, not section 61.1
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Fla. 5th DCA·
2023-02-03
The trial court erred in appointing a trustee without serving process on an indispensable party who was a contingent beneficiary, as actual notice does not cure defective service of process and due process requires proper joinder and service of all indispensable parties to trust
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M.D. Fla.·
2023-01-27
The court granted defendants' motions to dismiss, finding that improper defendants were named, federal claims failed to state a claim, and an indispensable party would destroy diversity jurisdiction.
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M.D. Fla.·
2023-01-17
The court confirmed the arbitration award and denied the petitions to vacate, finding the arbitrator did not exceed his powers and acted within the scope of his authority.
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M.D. Fla.·
2022-11-15
A valid and enforceable forum-selection clause dictates the venue for claims between the contracting parties, even if other parties are involved in the litigation.
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S.D. Fla.·
2022-08-23
The court held that the Town's antitrust claim was ripe for adjudication and that the City's alleged anticompetitive conduct under the 1989 agreement was not shielded by state action immunity.
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N.D. Fla.·
2022-06-10
Courthouse News Service challenged delays by Florida's Broward County court system in providing public access to newly filed civil complaints, arguing the delays violated the First Amendment's right to access judicial records. The court held that the First Amendment guarantees a
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S.D. Fla.·
2022-05-12
The court held that the defendants' motions to dismiss were granted in part and denied in part, denying collateral estoppel and indispensable party defenses, and finding the alter ego and fraudulent transfer claims sufficiently pleaded.
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Fla. 3d DCA·
2022-02-16
The trial court erred in dismissing the complaint with prejudice at the motion-to-dismiss stage because the operative complaint contained well-pleaded factual allegations that must be accepted as true and construed in favor of the pleader. Although the town failed to join an indi
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Fla. 3d DCA·
2022-02-16
The appellate court reversed in part and affirmed in part the trial court's dismissal of a complaint. The court held that the trial court erred in dismissing the complaint with prejudice at this early stage, requiring it to accept all well-pled allegations as true.
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Fla. 3d DCA·
2022-02-16
The appellate court reversed in part and affirmed in part the trial court's dismissal of a complaint. The court found that the trial court erred in dismissing the complaint with prejudice at this early stage, despite the potential failure to join an indispensable party.
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S.D. Fla.·
2021-12-01
The court held that the plaintiffs failed to sufficiently plead claims for false advertising and cybersquatting, but did adequately plead common law unfair competition. The court also denied the motion to dismiss for shotgun pleading and failure to join an indispensable party, an
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331 So. 3d 186·
Fla. 4th DCA·
2021-11-10
A lienholder is an indispensable party to any action directed at a bond it posted under section 559.917, Florida Statutes, and a judgment ordering release of that bond is void when the repair shop fails to include the lienholder in a lawsuit filed within 60 days of bond posting.
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S.D. Fla.·
2021-10-25
The court held that personal jurisdiction was established by service of process in Florida, the complaint stated a valid claim for defamation, the defendant was not a media defendant requiring pre-suit notice, and the plaintiff's company was not an indispensable party.
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S.D. Fla.·
2021-10-25
The court granted the motion to dismiss for lack of subject matter jurisdiction because Kouri Group, a necessary and indispensable party whose presence destroyed diversity, could not be joined.
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M.D. Fla.·
2021-10-13
The court held that a motion to amend a complaint to add a party after removal must be denied if the movant fails to provide the substance of the proposed amendment or attach a copy, and if the proposed joinder would destroy diversity jurisdiction without a sufficient showing of
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S.D. Fla.·
2021-09-22
The court indicated it would grant the motion to dismiss for lack of subject matter jurisdiction if the appellate court relinquishes jurisdiction, finding Kouri Group to be an indispensable party whose joinder would destroy diversity.
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S.D. Fla.·
2021-09-22
The court held that ROK's claims must be dismissed for failure to comply with a mandatory pre-suit mediation clause in the parties' agreement, but dismissal under Rule 19 for failure to join an indispensable party was not warranted.
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M.D. Fla.·
2021-09-20
The court held that the claims asserted by a third-party defendant against the original plaintiff, which were mislabeled as crossclaims, should be treated as affirmative defenses under Federal Rules of Civil Procedure 8(c)(2) and 14(a)(2).
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M.D. Fla.·
2021-09-14
The court held that Plaintiff sufficiently pleaded tortious interference with contractual obligations and fraud, but failed to sufficiently plead tortious interference with business relationships, civil conspiracy, and FDUTPA claims. The court also found AFC was not an indispensa
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S.D. Fla.·
2021-08-23
The court denied most motions to dismiss, finding the complaint adequately pleaded claims against the Lawyer Defendants and that service on Deighan was improper but could be perfected. The court rejected arguments regarding shotgun pleading, veil piercing, and indispensable parti
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Fla. 3d DCA·
2021-08-11
Alpha Ransom appealed a trial court's order dismissing his paternity petition filed to establish parental rights over a child in DCF custody. The Third District Court of Appeal reversed the dismissal, holding that the trial court violated due process by granting an involuntary di
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Fla. 3d DCA·
2021-07-21
This case involves two petitions for certiorari related to an insurance claim. The appellate court dismissed both petitions, one as moot and the other for lack of jurisdiction, finding that the denial of a motion to dismiss for failure to join an indispensable party generally doe
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M.D. Fla.·
2021-07-08
The court held that the defendants failed to establish that the other signatories of the letter were indispensable parties under Rule 19.
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Fla. 2d DCA·
2021-06-16
The appellate court reversed a summary judgment that awarded a law firm its full contingency fee, finding the trial court erred in its calculation method. The court held that when a client terminates an attorney without cause before a contingency occurs, the attorney is entitled
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S.D. Fla.·
2021-04-23
The court denied the defendants' motion to dismiss, finding that the plaintiffs had adequately stated claims for breach of contract, tortious interference, and other causes of action, and that the claims were ripe and properly pleaded.
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310 So. 3d 103·
Fla. 4th DCA·
2021-01-27
A non-party with an alleged joint ownership interest in real property that will be distributed in a dissolution proceeding has a sufficient direct and immediate interest to intervene, but a former ownership interest in a business that has been sold does not support intervention.
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M.D. Fla.·
2020-10-28
The court granted in part the motion to dismiss, ordering the plaintiff to join the Trust as an indispensable party rather than dismissing the case.
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S.D. Fla.·
2020-10-19
The court held that Plaintiffs' claims against Wyndham were not objectively frivolous and their positions were fairly debatable, thus denying Wyndham's motion for Rule 11 sanctions.
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S.D. Fla.·
2020-09-24
The court held that a stateless defendant destroys diversity jurisdiction, and that the defendant was not a dispensable party, requiring remand.
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Fla. 3d DCA·
2020-08-05
The appellate court affirmed the dismissal of a lawsuit based on the doctrine of forum non conveniens and a mandatory forum selection clause. The court found no abuse of discretion in the lower court's decision to dismiss the case in favor of litigation in Germany.
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S.D. Fla.·
2020-07-10
The district court granted the motion to dismiss, finding that the Tax Injunction Act divested it of subject matter jurisdiction because the plaintiff's request for a declaration that a tax lien was unenforceable would effectively enjoin the collection of state taxes.
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Fla. 1st DCA·
2020-06-25
The appellate court denied a petition for a writ of prohibition, finding that the petitioners had an adequate remedy at law through a pending appeal. The writ was sought to prevent a lower court from proceeding with a declaratory judgment action concerning the constitutionality o
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Fla. 3d DCA·
2020-05-20
This case involves a dispute over the modification of a trust. The appellate court affirmed the trust modification but reversed the denial of attorney's fees for the former trustee, finding it was mandated by the trust's terms unless bad faith was proven.
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Fla. 3d DCA·
2020-05-20
The appellate court affirmed a trust modification order, finding that the settlor and all beneficiaries' consent was sufficient under common law, even without statutory findings. However, it reversed an order denying attorney's fees to a former trustee, finding the trust terms ma
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S.D. Fla.·
2020-05-14
The court denied Plaintiff's motion for leave to amend its complaint to add a party defendant because the motion was filed after the deadline and Plaintiff failed to demonstrate good cause or diligence.
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2014 WL 34·
S.D. Fla.·
2020-04-30
The court held that while Julio Moreiras is an indispensable party, dismissal is inappropriate because joinder is feasible, and the motion to strike attorney's fees is premature.
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M.D. Fla.·
2020-03-25
The court adopted the magistrate judge's recommendation to decline enforcement of a stipulation between the insurer and defendants, while denying the defendants' request to vacate other stipulations. The court also ordered the insurer to show cause why the case should not be dism
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S.D. Fla.·
2020-02-28
The court held that it lacked subject matter jurisdiction over claims against defendant Yates because he is a citizen of Florida, destroying complete diversity, and he is a dispensable party.
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S.D. Fla.·
2019-12-26
The court held that the plaintiff failed to plead sufficient diligence to toll the statute of limitations for most claims, but equitable estoppel applied to certain counts. The court also found that diversity jurisdiction was proper and that indispensable parties were not absent.