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Fla. 4th DCA·
2023-08-09
The appellate court reversed a trial court's decision that held GEICO liable for attorney's fees awarded to Florida Spine's former counsel. The court found that GEICO was not liable for these fees because the settlement agreement between GEICO and Florida Spine stipulated that ea
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Fla. 4th DCA·
2023-08-09
The appellate court reversed a trial court's decision that held GEICO liable for attorney's fees owed to Florida Spine's former counsel. The court found that GEICO and Florida Spine had settled their disputes, agreeing each party would bear its own fees, and the trial court impro
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Del. Ch.·
2023-07-26
The Court confirmed the arbitration award in full, denying the defendants' motion to vacate. The court found that the arbitration panel did not exceed its powers or manifestly disregard the law in holding Daryl Hagler jointly and severally liable, as a theory of liability against
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Fla. 3d DCA·
2023-07-26
An FRS employer is jointly and severally liable under section 121.091(9)(b)(1), Florida Statutes, for repayment of retirement benefits paid to an employee hired within six months of the employee's retirement, and a settlement agreement between the employee and DMS does not releas
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S.D. Fla.·
2023-07-24
The court denied the motion for default judgment without prejudice because it was premature for some defendants and insufficient regarding allegations of joint and several liability and the possibility of inconsistent liability.
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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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S.D. Fla.·
2023-07-17
The court granted Plaintiffs' motion for default final judgment, finding that the well-pleaded allegations in the complaint established liability for breach of contract, fraudulent misrepresentation, promissory estoppel, and unjust enrichment.
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M.D. Fla.·
2023-04-17
The court recommended granting Plaintiff's motion for default judgment, awarding damages, prejudgment interest, post-judgment interest, and costs, and dismissing one count.
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M.D. Fla.·
2023-03-24
The court denied the motion for default judgment against one defendant without prejudice, pending resolution of the case against the other defendant.
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355 So. 3d 1050·
Fla. 1st DCA·
2023-02-15
The appellate court reversed a lower court's decision that granted summary judgment to Daher, finding that Daher's settlement with the bank did not sever his common obligation with the Shamiehs. The court remanded the case to determine the exact amount of contribution the Shamieh
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S.D. Fla.·
2023-01-17
The court held that defendants Barnes and Jones are liable for fraudulent misrepresentation, conversion, unjust enrichment, civil conspiracy, and violations of the Florida Deceptive and Unfair Trade Practices Act, awarding MBI $2,000,000.00 plus interest.
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S.D. Fla.·
2023-01-03
The court awarded attorneys' fees against Plaintiffs' Counsel for their failure to comply with court orders and confer with opposing counsel, totaling $8,171.20.
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S.D. Fla.·
2022-11-07
The court recommended granting Plaintiff's motion for default judgment, permanently enjoining defendants' unlawful trademark use, awarding statutory damages, and awarding attorneys' fees and costs.
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S.D. Fla.·
2022-10-05
A motion for reconsideration is an extraordinary remedy not to be used for mere disagreement with a prior ruling, and the defendant failed to establish grounds for reconsideration.
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M.D. Fla.·
2022-09-14
The court adopted the Magistrate Judge's recommendation to grant defendants' motions for attorneys' fees and costs, entering judgments against the plaintiff and his counsel.
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M.D. Fla.·
2022-03-29
Summary judgment was granted against individual defendants for actual fraudulent transfers, and default judgment was entered against Accessory 4G LLC.
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Fla. 1st DCA·
2022-02-09
The appellate court reversed a trial court's judgment, holding that a bar that "willfully and unlawfully" served alcohol to an underage driver should have been allowed to assert comparative fault and "alcohol defenses." The court reasoned that such claims are negligence actions,
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S.D. Fla.·
2021-10-04
The Magistrate Judge recommended granting Plaintiff's motion for attorney's fees and sanctions against Defendant's counsel due to his pattern of willful disobedience and bad faith litigation tactics.
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Fla. 4th DCA·
2021-08-25
Waterfall Victoria Grantor Trust II appeals a foreclosure judgment that awarded only $314,000 of the $1,004,000 owed on a home equity line of credit, with the trial court excluding the $690,000 second disbursement. The appellate court reversed, holding that the trial court erred
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M.D. Fla.·
2021-08-18
The court adopted the magistrate judge's report and recommendation, granting the plaintiff's request for entry of default judgment against the defendants.
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Fla. 5th DCA·
2021-08-13
Sanctions against law firms for receiving frozen client funds are affirmed, but the joint and several liability is reversed and the case is remanded for separate judgments against each firm.
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S.D. Fla.·
2021-08-12
The court granted the mediator's motion to compel payment of the plaintiff's portion of the mediation fee and the mediator's fees incurred in compelling payment.
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Fla. 3d DCA·
2021-05-12
The trial court properly applied Nicaraguan law in finding COFISA's breach of contract claim failed because BNPP's endorsement of the CDs was without recourse and the claim was time-barred. However, the trial court abused its discretion by denying BNPP's motion to dismiss for fra
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Fla. 4th DCA·
2021-04-14
A non-party to a contract may not be held liable for breach thereof unless the plaintiff alleges and proves the contracting party is the non-party's alter ego and was used to defraud or mislead the plaintiff. The mere fact that a company shares an owner or president with the cont
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Fla. 2d DCA·
2021-03-26
The appellate court reversed a lower court's decision to hold an insurance company jointly liable with its insured for bodily injury damages. The court found that the insurance policy only covered property damage, and the insured had explicitly rejected bodily injury coverage, th
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991 F.3d 1201·
11th Cir.·
2021-03-19
The Eleventh Circuit affirmed the Tax Court's denial of innocent spouse relief, finding no abuse of discretion.
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Fla. 2d DCA·
2021-02-12
The appellate court reversed a lower court's final judgment in favor of a third-party purchaser, finding the trial court erred by failing to conduct a de novo trial on remand. The court instructed the trial court to enter a final judgment of foreclosure in favor of the bank.
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Fla. 3d DCA·
2021-02-10
CFLB Management, LLC appealed the trial court's denial of its rule 1.540(b)(5) motion to vacate a post-judgment attorney's fees award. The trial court concluded it lacked jurisdiction to adjudicate the motion because this Court had affirmed the underlying summary judgment as to C
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317 So. 3d 1183·
Fla. 3d DCA·
2021-02-03
Certiorari is not available to review a discovery order denying disclosure of settlement amounts where the trial court has indicated it will revisit the setoff issue after liability is determined, because any error in the timing and sequencing of discovery is remediable on plenar
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S.D. Fla.·
2020-12-28
The court held that a party cannot incorporate documents by reference without elaboration, and claims for conversion, fraud, civil conspiracy, and civil theft were not sufficiently pleaded to warrant default judgment beyond the breach of contract claim.
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S.D. Fla.·
2020-11-20
The court held that the second amended complaint properly alleged joint liability, satisfying the amount-in-controversy requirement for diversity jurisdiction, and that transfer of venue to Arizona was not warranted under the circumstances.
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M.D. Fla.·
2020-11-13
The court recommended granting default judgment for the fraud claim, awarding compensatory damages, but denying punitive damages and the negligence claim.
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15th Cir. Ct. App. Div.·
2020-09-09
Family First Health Plans and two of its officers appealed a default judgment entered by the county court in favor of MROD Realty in a commercial lease dispute. The appellate court reversed and remanded, holding that the trial court violated procedural due process by entering a j
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M.D. Fla.·
2020-09-08
The district court affirmed the bankruptcy court's order, finding that the engagement agreement supported joint and several liability for legal fees and that the appellant had not adequately raised objections regarding the reasonableness of those fees.
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Fla. 5th DCA·
2020-08-06
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Del. Super. Ct.·
2020-06-29
The court granted Plaintiffs' second motion for sanctions, imposing monetary sanctions against all Defendants jointly and severally. The court found that Defendants' unilateral redaction of responsive documents without legal authority violated court orders and discovery rules, de
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M.D. Fla.·
2020-04-16
The court held that a non-party could intervene in a FLSA collective action and that the first-filed rule warranted dismissal of the later-filed action due to substantial overlap in parties and issues.
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M.D. Fla.·
2020-03-20
The court held that while the plaintiff is the prevailing party entitled to costs, the court has discretion to apportion certain costs, particularly those related to service and copying for co-defendants not solely liable.
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301 So. 3d 343·
Fla. 3d DCA·
2020-02-26
This case concerns a plaintiff injured on a condominium dock. The appellate court affirmed the trial court's decision regarding the allocation of fault among parties but reversed the denial of joint and several liability for the condominium association concerning the damages caus
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M.D. Fla.·
2019-08-08
The court held that plaintiffs sufficiently alleged standing and plausible claims under Florida Statute § 376.313, but that equitable relief is not available under that statute.
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131 La. 697·
S.D. Fla.·
2019-05-30
Disgorgement in the amount of $360,337 is an appropriate equitable remedy for defendants' registration violations under the Commodity Exchange Act, and Robert Escobio can be held jointly and severally liable.
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Fla. 3d DCA·
2018-12-26
John A. Daum and his wholly-owned LLC appeal a judgment holding them jointly and severally liable to return funds Daum paid himself from assets of Adweiss entities while serving as general manager. The appellate court affirmed the judgment in its entirety except for one issue inv
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262 So. 3d 755·
Fla. 4th DCA·
2018-11-28
This case concerns the retroactive application of Florida's abolition of joint and several liability. The court determined that the 2011 amendment to section 768.81, which included explicit language making the abolition of joint and several liability retroactive, applies to this
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Fla. 2d DCA·
2018-11-16
An entity not a party to a contract may not sue for breach unless it is an intended third-party beneficiary, and summary judgment cannot be granted on an unpleaded cause of action. The broker failed to plead a third-party beneficiary claim against the assignee and therefore could
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Fla. 2d DCA·
2018-10-03
Summary judgment against an assignee who was not a signatory to the underlying sales contracts cannot be affirmed when the broker's complaint fails to plead a viable third-party beneficiary claim or clearly establish the assignee's direct contractual liability. Summary judgment p
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240 So. 3d 757·
Fla. 4th DCA·
2018-03-21
Multiple overlapping judgments against different parties for the same damages are permissible; double recovery is prevented through post-judgment satisfaction rules rather than requiring joint and several judgments on their face. Undifferentiated settlement agreements must be app
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230 So. 3d 1266·
Fla. 1st DCA·
2017-11-30
The court addressed the domestication of a foreign judgment for the purpose of imposing a charging lien and the priority of charging orders between competing creditors.
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199 So. 3d 940·
Fla. 4th DCA·
2016-05-18
The court reversed summary judgment on the indemnity claim because material facts remained regarding whether statutory liability protections applied, but affirmed summary judgment on the contribution claim because appellant's right to contribution had not yet arisen when the join
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S.D. Fla.·
2014-05-15
The court held that the complaint sufficiently alleged joint and several liability to meet the amount-in-controversy requirement for diversity jurisdiction and adequately stated a claim for unjust enrichment against Kaizen.
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Del. Super. Ct.·
2013-10-31
The court held that the insurance policies were unambiguous and that the excess insurers had a duty to pay defense costs. The court affirmed the jury's verdict on the "injury-in-fact" trigger, finding that cellular and molecular damage from asbestos inhalation constitutes an inju