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M.D. Fla.·
2021-01-28
Injunctive relief is not available against the Small Business Administration or its administrator under 15 U.S.C. § 634(b)(1).
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Fla. 4th DCA·
2021-01-27
A homeowner who is not a named insured lacks standing to enforce a force-placed insurance policy as a third-party beneficiary when the policy expressly states it is only between the named insured and the insurer and contains no clear or manifest intent to primarily and directly b
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S.D. Fla.·
2021-01-21
The court granted summary judgment for Travelers on the Ordinance or Law Coverage Extension, finding the $250,000 limit had been paid. However, it denied summary judgment on property damage and business interruption coverage due to disputed facts regarding causation and the Perio
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M.D. Fla.·
2021-01-21
The court held that the plaintiffs' complaint must be dismissed without prejudice due to a lack of standing, as the assignments were inconsistent and potentially invalid.
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Del. Super. Ct.·
2021-01-13
The court granted the motion to dismiss the tortious interference claim, finding that the affiliate privilege applied and the plaintiffs failed to plead sufficient facts demonstrating bad faith by the defendant Investco. The court denied the motion to dismiss the fraud-based coun
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S.D. Fla.·
2021-01-11
The court held that the plaintiff failed to allege facts sufficient to trigger coverage under the insurance policy for business interruption losses related to COVID-19.
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314 So. 3d 562·
Fla. 3d DCA·
2020-12-16
Draft audit reports are not public records subject to disclosure under section 119.0713(2)(b) until the audit is complete and the audit report is presented to the unit of local government. An audit becomes final only when the audit report is presented to the local government unit
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M.D. Fla.·
2020-12-03
The court held that an ATV is a 'land motor vehicle' under the policy's plain meaning, and thus the Youthful Driver Exclusion applies, barring coverage for the plaintiff's injuries.
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Fla. 4th DCA·
2020-11-25
The Bert Harris Act's damages formula requires calculating the difference between the property's fair market value as though the owner could attain the reasonable investment-backed expectation and its value as inordinately burdened, not as though it had an alternative highest-and
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Del. Super. Ct.·
2020-11-18
The Court held that the plaintiffs have standing to bring their claims. The Court further held that the language in the Hunting Guide restricting the types of rifles and ammunition for deer hunting exceeded the Department of Natural Resources and Environmental Control's (DNREC) s
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S.D. Fla.·
2020-11-01
The court held that the plaintiffs failed to allege facts sufficient to state a claim for coverage under the insurance policy, as they did not plead direct physical loss or damage to the covered property. Consequently, the motion to dismiss was granted.
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304 So. 3d 822·
Fla. 2d DCA·
2020-10-14
The appellate court reviewed a circuit court's decision to grant a writ of certiorari, which had quashed an administrative order denying a driver's license reinstatement. The appellate court found that the circuit court erred by failing to apply controlling precedent and the plai
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Del. Ch.·
2020-09-28
The Court held that the contract language in Section 3.10(a)(iii)(A)(y) of the Investor Rights Agreement unambiguously refers to the loan commitment amount of $175 million, not the fluctuating amount available under the borrowing base. Therefore, MediaMath's proposed credit facil
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N.D. Fla.·
2020-09-15
The court held that the term "windstorm" in the insurance policies unambiguously includes hurricanes, and therefore the "Windstorm or Hail Exclusion" endorsements bar coverage for damage caused by Hurricane Michael.
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M.D. Fla.·
2020-09-14
The court held that the insurance policy only covered properties listed in its declarations, and therefore the insurer had no duty to defend the insured for an incident at an unlisted property.
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Fla. 2d DCA·
2020-09-11
The notice and proposal solicitation requirements of section 163.380(3)(a), Florida Statutes, apply to all real property disposed of within a community redevelopment area, including property acquired by the municipality prior to the creation of the area. The plain language "any r
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Fla. 4th DCA·
2020-09-09
The Fourth District Court of Appeal affirmed the dismissal of a son's challenge to amendments made to his father's revocable trust while the father was still alive. The court held that under Florida Statute section 736.0207, contingent remaindermen lack standing to contest a revo
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Del. Super. Ct.·
2020-08-20
The Delaware Superior Court affirmed the Department of Labor's authority to issue withholding orders against a prime contractor for subcontractor wage underpayments under the Prevailing Wage Law. The court held that the terms "employed" and "employer" in the law are not limited t
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Fla. 5th DCA·
2020-08-06
The Fifth District Court of Appeal reversed a trial court's striking of appellants' timely request for a trial de novo following nonbinding arbitration in a medical malpractice case. The court held that while section 44.103(5), Florida Statutes prohibits partial requests for tria
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Fla. 4th DCA·
2020-07-29
The appellate court reversed a juvenile's convictions and sentences, finding that the trial court violated due process by considering grounds for revoking juvenile sanctions not included in the original affidavit and by improperly designating the juvenile as a Violent Felony Offe
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M.D. Fla.·
2020-07-22
The court held that the plaintiffs lacked standing to sue for breach of contract because the assignment agreement only transferred the insurance claim, not the policy itself, and thus plaintiffs had no direct or indirect rights under the policy.
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298 So. 3d 697·
Fla. 1st DCA·
2020-06-24
The appellate court reversed a lower court's grant of summary judgment, finding that a property owner was not entitled to an affordable housing ad valorem tax discount because the "term" of the recorded agreement, which dictates eligibility, began when the Florida Housing Finance
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298 So. 3d 690·
Fla. 1st DCA·
2020-06-22
The appellate court reversed a trial court's ruling that a loan agreement violated the Florida Consumer Collection Practices Act (FCCPA), finding the transaction was not a "debt" under the Act. The court also reversed the denial of late fees due to contractual ambiguity, while af
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Fla. 1st DCA·
2020-06-11
The appellate court affirmed a defendant's convictions and sentence for leaving the scene of a crash and reckless driving. The court held that the evidence was sufficient for the jury to determine the defendant did not "immediately stop" and that any sentencing error regarding "s
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S.D. Fla.·
2020-06-04
The court held that the defendant's removal of the case was untimely because it was filed one day after the statutory 30-day deadline, and therefore, the case must be remanded to state court.
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298 So. 3d 106·
Fla. 2d DCA·
2020-06-03
The appellate court reviewed a homeowners' association's appeal concerning the validity of a new declaration of covenants that imposed stricter leasing restrictions. The court found it lacked jurisdiction to review the denial of summary judgment but reversed the permanent injunct
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Fla. 1st DCA·
2020-05-29
The court addressed whether an employer/carrier (E/C) fulfills its obligation under Florida's workers' compensation law to "provide" an alternate physician by merely authorizing one within five days, or if it must also secure an appointment. The court held that "provide" requires
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Fla. 3d DCA·
2020-05-27
The appellate court affirmed a trial court's decision to issue a writ of mandamus. The writ directed a city clerk to deliver recall petitions to the county supervisor of elections, holding that the clerk's role in this process is ministerial and does not include reviewing the pet
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Fla. 3d DCA·
2020-05-27
The appellate court affirmed a trial court's decision to issue a writ of mandamus, compelling a city clerk to deliver recall petitions to the Supervisor of Elections. The court held that the clerk's role in submitting recall petitions is ministerial and does not include reviewing
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S.D. Fla.·
2020-05-18
The court held that FBAR penalties are civil penalties, not fines subject to the Eighth Amendment, and recalculated the penalties based on the correct statutory interpretation.
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297 So. 3d 653·
Fla. 1st DCA·
2020-05-15
The appellate court reversed an award of attorney's fees to a junior interest holder in a construction lien foreclosure action. The court held that Florida Statute section 713.29, which allows for attorney's fees for the prevailing party in a lien enforcement action, does not ext
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Fla. 3d DCA·
2020-05-06
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Fla. 4th DCA·
2020-04-22
This case involves a dispute over a Marital Settlement Agreement's equalizer payment provision following the death of the obligor spouse, Jay Allen. The trial court reduced the Estate's obligation to Jane Allen by applying a present value discount to the lump sum life insurance p
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294 So. 3d 406·
Fla. 4th DCA·
2020-04-22
An insurance policy requiring insureds and their "agents" and "representatives" to submit to examinations under oath does not require production of handymen or water restoration company employees hired to perform repairs, as those persons are not authorized to act for or on behal
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Fla. 2d DCA·
2020-04-17
This case addresses whether a party in a paternity action can waive their right to temporary attorney's fees in a settlement agreement. The court held that while a party cannot waive temporary attorney's fees prior to final judgment in a paternity action, the specific waiver in t
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Fla. 3d DCA·
2020-04-15
The appellate court granted a motion for rehearing, withdrew its prior opinion, and substituted a new one. The court denied a petition for certiorari, holding that the trial court did not depart from the essential requirements of law by allowing the insureds' public adjuster to a
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Fla. 2d DCA·
2020-04-15
The State appealed a trial court's dismissal of charges against Ray La Vel James for failing to register as a sexual offender. The appellate court affirmed the dismissal, holding that James did not qualify as a "sexual offender" because his full sanction, including a $10,000 fine
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Fla. 3d DCA·
2020-03-18
This case concerns whether "actual cash value" under an insurance policy includes costs for matching undamaged tiles and cabinets. The appellate court affirmed the exclusion of matching costs as direct physical loss but reversed the judgment on the breach of contract claim due to
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300 So. 3d 752·
Fla. 3d DCA·
2020-03-11
The appellate court affirmed a lower court's decision that a renter, Travis Scott, was not individually liable for lost rental income or diminished vehicle value after a car accident. The court found the settlement agreement clearly limited his responsibility to the cost of repai
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M.D. Fla.·
2020-03-05
The court held that the assignment of claims did not grant the plaintiff standing to sue the defendant because the assignment explicitly limited claims to a different entity (Chubb) and not the defendant (Federal Insurance Company).
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Del. Super. Ct.·
2020-02-25
The court granted partial summary judgment for Ashland on breach of contract claims related to the Administrative Consent Order (ACO), finding the Stock Purchase Agreement (SPA) unambiguously allocated these liabilities to the Heyman Defendants. However, the court denied summary
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Fla. 2d DCA·
2020-02-19
The appellate court partially reversed a Department of Revenue order, finding that a personal liability assessment against an individual for unpaid sales tax was excessive. While upholding the revocation of a business's registration and jeopardy findings, the court determined the
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Del. Super. Ct.·
2020-02-07
The court held that the "Transfers" made by Holdings via the Reciprocal Agreement, including the creation of easements, covenants, and the conveyance of rights to insurance proceeds, constituted violations of the Loan Agreement and Guaranty, thereby triggering full recourse liabi
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Fla. 1st DCA·
2020-01-31
The appellate court reversed a lower agency's decision that prohibited the sale of alcoholic beverages through automated dispensing machines (ADMs). The court found that the plain language of the cited statutes did not prohibit such sales, despite the agency's interpretation that
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Fla. 1st DCA·
2020-01-31
The appellate court affirmed the denial of attorney's fees to Donald Pickle. Pickle's contingency fee agreement stipulated that attorney fees were only payable from proceeds of a recovery, and since the underlying foreclosure case was voluntarily dismissed without any tangible be
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Fla. 1st DCA·
2020-01-29
The appellate court affirmed the classification of marital assets and denial of attorney's fees but reversed the child support calculation. The court held that bonus income, even if variable, must be included in gross income for child support calculations under Florida law.
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Fla. 3d DCA·
2020-01-29
The appellate court affirmed a lower court's decision, ruling that an attorney's participation in an administrative petition challenging a county policy did not disqualify him from serving as a trustee on a county transportation trust. The court found that an administrative petit
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S.D. Fla.·
2020-01-13
The court held that the defendant did not waive its right to arbitration and that arbitration must take place in London, Ontario, as per the contract.
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Fla. 5th DCA·
2019-12-20
The appellate court granted Geico's petition for a writ of certiorari, quashing a lower appellate court's decision. The case concerned the interpretation of Florida's personal injury protection (PIP) statute regarding insurer reimbursement to medical providers when the billed amo
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Fla. 5th DCA·
2019-12-20
The court reviewed a dispute over personal injury protection (PIP) insurance reimbursement. Geico argued it could limit reimbursement to 80% of a provider's billed amount, even if that amount was less than the statutory fee schedule. The court agreed, quashing the lower appellate