Neha Dagley at Schecter Law

Landmark Florida Supreme Court Decision: Florida’s Economic Loss Rule

In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., the Florida Supreme Court held, in a five-to-two decision, that the economic loss rule is limited to products liability cases. Tiara Condominium...more

4/29/2013 - Economic Loss Doctrine Insurance Brokers Privity of Contract

Re-weighing Evidence On Appeal

In Demida Miami Gardens, LLC v. Master Excavators, Inc., the appellants, Demida Miami Gardens, LLC and David Paul appealed a final judgment in the amount of $933,617.43 which was a result of an action to enforce a personal...more

3/7/2013 - Appeals Evidence Testimony Witness

Aircraft Financing Commission Dispute – Implied Contract Theory

A contract implied in law, or quasi contract, operates where there Is no contract in place to provide a remedy where one party is unjustly enriched, and where that party received a benefit under circumstances that made it...more

2/22/2013 - Aircraft Sales Appeals Broker Commissions Financing Implied-In-Law Contracts Lenders Reversal Unjust Enrichment

Lack Of Personal Jurisdiction – Breach Of Contract Action By Broker For Failure To Pay A Commission On Aircraft Sale

In Corporacion Aero Angeles, S.A. v. Fernandez, 69 So. 3d 295 (Fla. 4th DCA 2011), the plaintiff, Jamie Gaston Fernandez (“Fernandez”) brought an action for breach of contract arising out an oral brokerage agreement for the...more

2/21/2013 - Breach of Contract Broker Commissions Long Arm Statute Minimum Contacts Oral Brokerage Agreements Personal Jurisdiction

Florida Statute Section 702.10 – Expedite Foreclosure Procedure

Florida Statute section 702.10 provides for an expedited procedure by which a mortgagee can seek to foreclose on a mortgage. Through this statutory section, a mortgagee can accelerate a foreclosure case by moving the court...more

2/14/2013 - Foreclosure Mortgages Order to Show Cause Section 702.10

Requirement Of Original, Uncanceled Promissory Note

Florida law requires the production of the original note for a party to recover on same. In that regard, Florida Statute section 673.3011 provides in pertinent part that: A “person entitled to enforce” an instrument includes...more

2/12/2013 - Burden of Proof Preponderance of the Evidence Promissory Notes

Florida Dispute Resolution Update: Arbitration Or Litigation Of A Fraud Dispute Stemming From A Real Property Purchase...

The Florida Supreme Court ruled that an action for fraud was within the scope of an arbitration provision in a contract for the purchase and sale of real property. George Jackson, et al. v. The Shakespeare Foundation, Inc.,...more

2/11/2013 - Arbitration Arbitration Agreements Fraud Land Developers

Moving For Summary Judgment Prior To An Answer – A Difficult Burden

Another case in point where a summary judgment entered in favor of a mortgagee was reversed on appeal. In Dominko v. Wells Fargo Bank, N.A., 102 So. 3d 696 (Fla. 4th DCA 2012), a mortgagor appealed from a grant of summary...more

2/6/2013 - Appeals Mortgages Motion to Dismiss Pre-Suit Notice Reversal Summary Judgment

The Importance Of Strict Compliance With Notice Of Default Provisions In Loan Documents

In Judy v. MSMC Venture, LLC, 100 So. 3d 1287 (Fla. 2d DCA 2012), a mortgagee brought a foreclosure action. At issue were two promissory notes executed by Thomas and Jill Judy in favor of Market Street Mortgage Corp., who...more

2/4/2013 - Affirmative Defenses Breach of Contract Compliance Foreclosure Loans Mortgages Notice of Default

Strict Compliance With Service Of Process Statutes

Mortgagors, David and Julianne Walker (the “Walkers”), appealed a non-final order denying their motion to quash service of process. Walker v. Fifth Third Mortgage Company, 100 So. 3d 267 (Fla. 5th DCA 2012). The premise for...more

1/31/2013 - Fifth Third Mortgage Company Foreclosure Mortgages Motions to Quash Service of Process

Shareholder Derivative Action Versus Shareholder Direct Action – A Basic Explanation

Whether an action against a corporation is direct or derivative is one that has been addressed frequently under Florida law. A derivative action is a cause of action that is brought by a shareholder to enforce a right of...more

1/31/2013 - Derivative Suit Shareholder Litigation Shareholder Rights Shareholders

In Pari Delicto Defense Fails For Unlicensed Contractor

In Earth Trades, Inc. v. T&G Corp., No. SC10-1892 (Fla. 2013), the Supreme Court of Florida reviewed the Fifth District Court of Appeal’s holding that Florida Statute §489.128, which governs construction contracting,...more

1/29/2013 - Breach of Contract Construction Contracts In Pari Delicto Licenses

The Doctrine Of Forum Non Conveniens In Florida

The doctrine of forum non conveniens authorizes a trial court to decline to exercise its jurisdiction, even though the court has venue, where it appears that the convenience of the parties and the court, and the interests of...more

1/23/2013 - Forum Non Conveniens Kinney Factor Venue

Florida Business Torts Update: Skytruck Co. LLC v. Sikorsky Aircraft Corp., 12-10708, 2012 WL 6198101 (11th Cir. 2012)

In Skytruck Co., LLC, an aircraft distributor (“Skytruck”) brought an action for tortious interference and unjust enrichment against an aircraft manufacturer following the manufacturer’s direct interaction with aircraft...more

1/18/2013 - Aircraft Sales Manufacturers Sikorsky Aircraft Corp Skytruck Tortious Interference Unjust Enrichment

Signing Without Reading – Not A Defense To Contract Enforcement In Florida

The general rule in Florida is clear – No party to a written contract in this State can defend against it's enforcement on the sole ground that he signed it without reading it....more

1/18/2013 - Four Seasons Hotel Merrill Lynch

The Importance Of A “Time Is Of The Essence” Provision

In Inspiration Yacht Charters, Inc. v. Inspiration Yacht Charters II, Inc., 11-14931, 2012 WL 3731704 (11th Cir. 2012), Inspiration Yacht Charters I, Inc. (“seller”) agreed to sell a yacht to KK Aggregates, Inc. for...more

1/16/2013 - Breach of Contract Time is of the Essence

Aircraft Commission Dispute – Determination Of Value Of Aircraft For Purpose Of Commission

In Simkovitz v. Jetran International, Ltd., 12-10228, 2012 WL 5458166 (11th Cir. 2012), an employee of an aircraft buyer and seller sued the employer for breach of agreement to pay sales commission. Defendant, Jetran...more

1/15/2013 - Aircraft Sales Breach of Contract Employment Contract Evidence Expert Testimony Valuation

Florida Statute Of Frauds – Case Law Update

The Florida Statute of Frauds is codified at Florida Statute section 725.01 which provides, in pertinent part: No action shall be brought … whereby to charge the defendant upon any special promise to answer for the debt,...more

1/11/2013 - Oral Contracts Statute of Frauds

Condominium Purchaser’s Cancellation Rights Under Florida Statute Section 718.503

Florida Statute section 718.503(1)(a)1. states, in relevant part, that a contract for the sale of a residential unit must...more

1/11/2013 - Cancellation Rights Condominiums Motion to Dismiss Purchase Agreement Rescission Reversible Error

Florida Long-Arm Jurisdiction, Case Law Update – Universal Music Venezuela v. Montaner

In Universal Music Venezuela v. Montaner, No. 3D12-1580 (Dec. 26, 2012), the Third District Court of Appeals reversed an order denying a motion to dismiss for lack of personal jurisdiction. The action arose out of a series of...more

1/9/2013 - Long Arm Statute Personal Jurisdiction

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