Florida Real Property & Business Litigation Report, Volume 13, Issue 18

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The Bank of New York Mellon v. Barber, Case No. 1D18-2097 (Fla. 1st DCA 2020).
A trial judge may not raise defenses not raised by the defendant; doing so makes the judge an advocate for one of the parties.

Elizon DB Transfer Agent, LLC v. Ivy Chase Apartments, LTD., Case No. 2D19-1853 (Fla. 2d DCA 2020).
Upon rehearing, the Second District re-affirms that an allonge signed before closing can establish standing.

Pritchard v. Levin, Case No. 3D19-964 (Fla. 3d DCA 2020).
A corporation generally has no duty to disclose merger discussions, and thus, a corporation has no duty to disclose past merger discussions when entering into a termination agreement with an executive even though the corporation later merges with the company with which it originally had discussions.

Castro v. Mercantil Commercebank, N.A., Case No. 3D19-1179 (Fla. 3d DCA 2020).
Written consent to a continuing writ of garnishment necessarily includes a waiver of the head of family exemption under Florida Statute section 222.11.

CWELT-2008 Series 1045 LLC v. Park Gardens Association, Inc., Case No. 3D19-1341 (Fla. 3d DCA 2020).
An association that litigates a case for 29 months waives its right to demand arbitration under Florida Statute section 718.1255(4)(a), even if its counterclaim is only a month old.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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