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Florida Appellate Court Provides Further Guidance Regarding New Summary Judgment Rule

In a recent opinion, Florida’s First District Court of Appeal provided further guidance regarding the changes to Florida’s summary judgment rule.  See Whitlow v. Tallahassee Memorial Healthcare, Inc., --- So. 3d ---, Case No....more

Florida Preliminary Injunctions Must Merely Preserve the Status Quo

In a recent case, Florida’s Second District Court of Appeal offered a reminder that the fundamental—and limited—purpose of a preliminary injunction is to maintain the status quo....more

You Can’t Run From That Arbitration Covenant Running With The Land

In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of...more

The Courts Really Will Enforce That Operating Agreement As Written

More than one business owner this week has wondered aloud: “Why is my lawyer spending so much time (and, therefore, money) on the minutiae of the Operating Agreement? Does any of that matter, anyway?” In response to that...more

No, A Perpetually-Unfair Commission-Splitting Agreement Is Not A Restraint Of Trade

In a recent case that is interesting reading for both antitrust lawyers and insurance agents, which probably does not happen often, Florida’s Second District Court of Appeal (“Second DCA”) held that a commission-splitting...more

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