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Del. Super. Ct.·
2023-11-30
The Unemployment Insurance Appeal Board's decision finding the appellant ineligible for unemployment benefits is affirmed. The payment received by the appellant under a separation agreement was properly characterized as wages, specifically severance pay, under Delaware law. The a
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Fla. 2d DCA·
2023-11-17
A sales contract containing conflicting property descriptions on its face—one property identified in the address and legal description sections versus four properties listed in the "Other Terms and Conditions" section—constitutes a patent ambiguity that renders the contract void
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Fla. 3d DCA·
2023-11-15
A fully executed standard form residential purchase agreement is a valid and enforceable contract even when the parties fail to agree on terms of an unexecuted addendum, where the contract's plain language requires express incorporation of addenda and neither party checked the re
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S.D. Fla.·
2023-10-12
The court granted in part and denied in part the plaintiff's motion in limine, excluding testimony regarding industry understandings of 'Work' due to the parol evidence rule and finding the building permit issuance date irrelevant to the termination dispute.
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M.D. Fla.·
2023-08-09
The court held that it lacked the power to enjoin arbitration proceedings, either traditionally or statutorily, and that factual disputes regarding contract existence and novation required further discovery and a trial to determine arbitrability.
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Fla. 2d DCA·
2023-06-30
This case concerns the interpretation of an "access easement" in a deed. The appellate court affirmed the trial court's decision that the easement granted owners of certain parcels the right to ingress and egress to their property from a county road, but not access to a private d
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Fla. 4th DCA·
2023-04-12
A warranty deed transferring homestead property to spouses as tenants in common does not waive homestead rights unless it contains language clearly evincing an intent to waive such rights, such as explicit language releasing inheritance interests or conveying all hereditaments. G
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Fla. 4th DCA·
2023-04-12
This case addresses whether a spouse waived her homestead rights by executing a warranty deed that conveyed property to herself and her husband as tenants in common. The appellate court reversed the trial court's decision, holding that the deed's language was insufficient to waiv
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Del. Ch.·
2023-04-03
The Delaware Court of Chancery granted Bayer AG's motion to dismiss Merck & Co., Inc.'s complaint, holding that the Stock and Asset Purchase Agreement (SAPA) unambiguously allocated to Merck the sole and indefinite liability for product liability claims arising from products sold
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S.D. Fla.·
2023-03-17
The court held that the defendant's motion to dismiss, which attacked the plaintiff's standing by disputing the merits of the underlying breach of contract claim, was premature and therefore denied.
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S.D. Fla.·
2023-02-21
The court held that disputed issues of material fact exist regarding the plaintiffs' claims of intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, and proximate cause of damages, precluding summary judgment.
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M.D. Fla.·
2023-02-17
The court held that the Magistrate Judge's recommendation to deny the plaintiff's motion for summary judgment on the defendants' counterclaims should be adopted, overruling the plaintiff's objections.
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Fla. 4th DCA·
2023-02-15
This case involves a tenant's appeal of a summary judgment order concerning a commercial lease. The appellate court affirmed the dismissal of the tenant's claims against the leasing agent but reversed the summary judgment granted to the landlord on its counterclaim for underpaid
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M.D. Fla.·
2023-02-06
The court denied both parties' motions for summary judgment, finding genuine disputes of material fact regarding contract formation under the CISG.
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S.D. Fla.·
2022-07-27
The court granted summary judgment for the plaintiff on several affirmative defenses, including waiver by selective enforcement and competition privilege, but denied it on waiver by public disclosure and fraudulent inducement based on alleged false statements.
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Fla. 2d DCA·
2022-06-17
The appellate court reversed a trial court's dismissal of a breach of contract case, finding that the trial court improperly considered the contract's plain language and made ultimate findings of fact on a motion to dismiss. The court held that the trial court should have accepte
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M.D. Fla.·
2022-05-13
The court held that there are genuine disputes of material fact regarding whether the instrument constituted a security, thus denying the plaintiffs' motion for partial summary judgment.
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S.D. Fla.·
2022-04-29
Great Lakes Insurance SE sought declaratory judgment that a marine insurance policy was void because the insured, Reynolds Lassiter, violated the policy's Named Operator Warranty when an uncovered crew member helmed the vessel before it ran aground and sank. The court found that
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Fla. 3d DCA·
2022-03-30
Amber Perrin appealed the trial court's order denying her motion to enforce a settlement agreement against De Soleil South Beach Association, Inc. regarding repairs to her condominium unit. The court affirmed, finding that the plain language of the settlement agreement required P
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Fla. 4th DCA·
2022-03-23
Frank Walsh appealed a trial court's dismissal of his complaint seeking specific performance for the purchase of a $3.4 million home in Jonathan's Landing, where he claimed a binding contract existed based on emails and text messages between real estate agents. The appellate cour
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Fla. 3d DCA·
2022-01-19
A general release that discharges a named employee and references his "employer" unambiguously covers the employer at the time of the alleged injury, even if the employee is no longer employed when the release is signed. No latent ambiguity exists requiring extrinsic evidence whe
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M.D. Fla.·
2022-01-14
The court held that a text message from a corporate officer promising to pay outstanding and future invoices constituted a personal guaranty, and that this guaranty was supported by consideration and satisfied the statute of frauds.
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Fla. 4th DCA·
2022-01-05
The appellate court affirmed a lower court's decision granting summary judgment to the decedent's wife, recognizing her spousal rights and appointment as personal representative. The court held that a partial marital settlement agreement did not constitute a waiver of these right
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Fla. 4th DCA·
2022-01-05
Richard Merli, the decedent's brother, appealed a probate court order appointing his deceased brother's wife, Donna Merli, as personal representative of the intestate estate and recognizing her spousal rights. The brother argued the partial marital settlement agreement between th
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M.D. Fla.·
2021-11-16
The court granted in part and denied in part State Farm's motion in limine, ruling on the admissibility of various categories of evidence related to a bad faith claim.
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M.D. Fla.·
2021-11-15
The court held that a former insurance agent stated claims for breach of contract regarding termination without cause and bad faith refusal to approve a buyer for his book of business, but not for failure to assist or for declaratory relief.
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S.D. Fla.·
2021-10-31
The court held that the personal guaranty did not extend to the Lease Agreement because the 'Guaranteed Indebtedness' was defined as obligations owed to SEIF, not 7-Eleven. The court also found that the parties had agreed to a specific amount for the breach of the Supply Agreemen
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Fla. 3d DCA·
2021-09-08
Star Casualty Insurance Company appeals a trial court's denial of its motion to enforce a 2017 settlement agreement against Gables Insurance Recovery, Inc. in a breach of contract action involving no-fault insurance benefits. The trial court conducted a non-evidentiary hearing an
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7 F.4th 1072·
11th Cir.·
2021-08-05
The court held that the County's ordinance attempting to establish public recreational use of dry-sand beach areas triggered the abandonment clause in a recorded easement, and no other source of law limited the clause's operation.
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Fla. 3d DCA·
2021-08-04
This per curiam opinion affirms a lower court decision regarding the interpretation and enforceability of a release or settlement agreement. The court applies established contract law principles to determine the parties' intent based on the plain language of the written instrumen
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Fla. 5th DCA·
2021-07-08
The Florida Fifth District Court of Appeal reversed a trial court's denial of a motion to reform a mediated marital settlement agreement, holding that when a motion adequately alleges mutual mistake, an evidentiary hearing is required rather than dismissal at the pleading stage.
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Del. Ch.·
2021-06-23
The Court of Chancery granted in part and denied in part defendants' motion to dismiss. The court denied dismissal for claims of reformation, declaratory judgment, and breach of the implied covenant of good faith and fair dealing. The court granted dismissal for claims of willful
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S.D. Fla.·
2021-05-10
The court held that the Distributor Agreement unambiguously allowed the manufacturer to terminate the agreement prior to its third anniversary by providing 90 days' notice and fair compensation, thus dismissing breach of contract claims based on early termination.
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S.D. Fla.·
2021-04-30
The court held that the lease unambiguously requires annual rent increases after the initial five-year period, and the defendant breached the lease by failing to pay these increases.
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M.D. Fla.·
2021-04-26
The Court held that the arbitration agreement signed during onboarding was valid and enforceable, and was not superseded by a later employment agreement.
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S.D. Fla.·
2021-02-11
The court denied the defendants' motion to dismiss the third amended complaint, finding that the fraud, breach of contract, and unjust enrichment claims were sufficiently pleaded to survive dismissal.
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S.D. Fla.·
2021-01-25
The court held that the Letter Agreement unambiguously transferred all of Caracol's ownership interest in the Series to Telemundo, thus denying Caracol's claims.
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Del. Ch.·
2020-12-14
The Court of Chancery denied SoftBank's motion to dismiss the lawsuit filed by The We Company's Special Committee. The court held that the Zapata standard of review was appropriate and that the New Committee, formed to review the Special Committee's authority, failed to meet its
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M.D. Fla.·
2020-10-28
The court held that Home Performance Alliance, Inc. (HPA) is not a 'creditor' under the Truth in Lending Act (TILA) because the contract did not extend credit, and thus granted summary judgment on the TILA claim.
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M.D. Fla.·
2020-10-08
The court held that a UM selection/rejection form, where the insured marked two mutually exclusive options, contains a patent ambiguity and cannot be used to reduce coverage, thus the original, higher UM limits apply.
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S.D. Fla.·
2020-10-07
The court held that genuine issues of material fact exist regarding the execution and formation of a contract, precluding summary judgment.
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Fla. 3d DCA·
2020-09-09
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S.D. Fla.·
2020-09-03
A Securities and Exchange Commission enforcement action against Mutual Benefits Corporation for fraudulent viatical settlement practices resulted in creation of a trust to maintain life insurance policies while investors decided whether to keep or sell them, and this dispute aros
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Del. Ch.·
2020-07-22
The court held that the closing condition requiring repayment of all outstanding amounts under the RPFG Facility was satisfied by repaying the balance owed at closing, as the contract did not explicitly prohibit debt forgiveness. The court further held that the defendants failed
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Fla. 4th DCA·
2020-06-10
The appellate court reversed a trial court's judgment, finding that the term "Settlement Sum" in a mediation agreement was ambiguous. The court held that the trial court erred by finding the term unambiguously referred to a specific amount and by prohibiting testimony about media
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M.D. Fla.·
2020-05-21
The court held that genuine issues of material fact exist regarding the insured's intent when filling out the UM selection form, precluding summary judgment for either party.
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S.D. Fla.·
2020-02-21
Circuitronix, LLC sued its former assistant CEO, Sunny Kapoor, for breaching a settlement agreement that prohibited him from competing with the company and soliciting its customers, and Circuitronix later sought relief from the court's judgment finding no breach based on alleged
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M.D. Fla.·
2020-02-04
The court held that the Stipulation required calculating the royalty rate based on the total lump sum paid by Arkon and IBOLT divided by the total number of units sold, not a percentage derived from Paragraph 3(e) of the Arkon Settlement.
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S.D. Fla.·
2019-12-26
Summary judgment is granted for defendants on most claims because no genuine dispute of material fact exists, Pennsylvania law applies, and the lease agreement's terms preclude claims for fraud and rescission. Plaintiffs' motion to strike affidavits is granted.
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M.D. Fla.·
2019-11-25
The Hurry Family Revocable Trust and related broker-dealer companies sued their former CEO Christopher Frankel for breach of two nondisclosure agreements and violation of federal and state trade secret laws after he forwarded numerous confidential business documents to his person