defenses to specific performance florida

Specific Performance: Overview. Specific performance is an alternative to seeking monetary damages as compensation for losing the benefit of a contract. Thats four years where the land was in dispute and a good lesson and encouragement for alternative dispute resolution for many people today. See 1. Florida High Sch. Though not entirely impossible. Equitable remedies are those that do not involve the plaintiff receiving a monetary damages award, or financial compensation. Instead, they may try to negotiate damages to get out of the contract theyve signed and move forward. The Eleventh Circuit agreed that the fact that the buyers ultimate principals had the funds is of no moment. In The Allegro at Boynton Beach, the plaintiff had a right of first refusal over real property owned by the property owner. The trial court ruled in favor of the seller holding that the buyer failed to prove it was ready, willing, and able to perform (close) under the contract because there was no evidence that the buyer had sufficient funds to close. Suite 101 The purpose of this election of remedies doctrine is to preclude the plaintiff from obtaining a windfall by double-recovering its damages under alternative (or mutually exclusive) theories of liability. 13 In any event, Florida courts have held that the pendency of a lawsuit seeking specific performance of property makes the title to the property unmarketable 14 and the threat of Courts of law could issue monetary awards while courts of equity had greater flexibility, like the ability to order someone to complete a specific action or forbid them from doing something. This means that the time to bring the cause of action has as a matter of law. When a party to a contract fails to perform their contractual obligations, the injured party has a right to file a lawsuit for breach of contract. ALL RIGHTS RESERVED. When there is a breach of contract, the non-breaching party typically sues for monetary damages. All Rights Reserved. See Proctor v. Eason, 651 So. Laches is considered an equitable defense which means that the defendant can only raise a laches defense if the plaintiff is seeking an equitable remedy. So, the church notified the buyer that the deal would be open until November 13, 1978 because of the zoning problem and then on November 27, 1978, the representatives of Our Savior Lutheran Church returned the earnest money to Tom Jones Enterprises and considered the deal to be over. March 1, 2023);Norwegian Cruise Line Holdings Ltd v. State Surgeon General, Florida Department of Health,50 F.4th 1126, 1134-35 (11th Cir. Another example is specific corporate stock in situations where the stock is not listed on the open market or its a closely held company. Of Governors, 12 So. Only the full satisfaction of the plaintiffs monetary damages would prevent the plaintiff from pursuing specific performance. Private Placements/Offerings Of Securities. Mann v. Thompson, 100 So.2d 634 (Fla. 1stDCA 1958). 1280674CIV, 2015 WL 58629, *11 (S.D. Bd., No. Assn, 306 So. In other words, they were not mutually exclusive remedies; rather, they were factually consistent. Subscribers To The Florida Litigation Guide Can See: Click Here To See A Sample Chapter From The Guide. New York, NY 10004, 1925 Century Park East Why Sue for Specific Performance of a Florida Real Estate Contract? We therefore reverse and remand with instructions to enter final judgment for appellant, voiding the purchase and sale agreement. As a federal judge from Pensacola explained in a 1994 case, Metric Systems Corp. v. McDonnell Douglas Corp., impossibility of performance is a "term of art" that "requires far more than a belief, or even proof, that the other party is 'impossible' to work with.". Fla. April 12, 2022); Anderson v. United Airlines, Inc., F.Supp..3d , 2021 WL 6337144, *3 (M.D. Clements v. Leonard, 70 So.2d 840 (Fla. 1954). To Force the Sale or To Cloud the Title. Can Siblings Force The Sale Of Inherited Property? If the seller feigned his or her ownership and never actually held title to the property, then they would not have title to convey through the buyers action for specific performance. With Advantageous Business Relationship, Tortious Interference: 2. 2d 1301, 1301 (Fla. 2d DCA 1995). Specific performance is a form of remedy recognized in every state, as well as under federal law; however there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. Additionally, if theres another remedy that will be adequate for that seller, then the judge may decline to grant specific performance. Even without force . In some situations, the harmed party asks for and receives a court order that forces the other side to go through with the deal, or to specifically perform under the terms of the real estate agreement. Hunt, P.A., we have over 30 years of experience handling legal matters for Florida business owners. A temporary injunction will serve the public interest. Both claims were predicated on the same facts. Specific Performance - Florida Litigation Guide The deal didnt close. Specific performance is an equitable remedy that, under Florida law, is effectively the same as, and synonymous with, injunctive relief. Then please feel free to send Larry an. List of Possible Affirmative Defenses ("If you don't raise, you might have waived"). Examples of equitable remedies to which laches may apply include: Co., 166 So. %%EOF Written Contracts - Specific Performance | South Florida Mediation Lawyer PDF List of Affirmative Defenses and Counterclaims - Miami Valley Fair 3d 1202, 1213 (Fla. 1st DCA 2020). With a Contractual Right, Tortious Interference: 3. The plaintiff should be able to prove he or she was financially prepared and ready to buy, had definitely arranged the necessary money, etc. Please note that we have no control over how frequently the experts update their rankings. Seminole, FL 33772 Breach of Joint Venture Agreement, Breach: 04. Under the unclean hands defense, neither party is . This is because that party also committed a breach of contract. Statute of limitations bars Plaintiff's claim (s). (18) A temporary injunction will not be overturned absent a clear abuse of discretion. Ames v. Ames, 204 So.3d 132, 133 (Fla. 4th DCA 2016). San Francisco, CA 94133, 20032023 ROMANO LAW PLLC An award of specific performance is most common in the following situations: Typically, a defendant will try to argue that monetary damages are available and that there is a method to calculate damages with a reasonable degree of accuracy. Yet, even when the buyer is in possession, said possession alone will not be enough to enforce specific performance. vAV/5v;0 One other thing: if theres another remedy that will be sufficient for that seller, then the judge may not grant specific performance. Then she hopes the Seller doesnt sue for Specific Performance. For Florida purposes, specific performance pursues the specific enforcement of transferring ownership of the subject property as contracted for in the underlying sales contract. monetary damages), then that trial court judge will be reversed on appeal unless specific performance is an express remedy granted in the purchase contract. Toll Free: 727-471-0444. 57 0 obj <>/Filter/FlateDecode/ID[<84184014DA34C17FF3F3310B382B15BA><0007A45C78623F49A1409ECD71D9317B>]/Index[52 15]/Info 51 0 R/Length 49/Prev 34531/Root 53 0 R/Size 67/Type/XRef/W[1 2 1]>>stream 3d 183, 186 (Fla. 2009). 32. Specific Performance: Equitable Remedy to Enforce Affirmative I told her that blackmail wasnt necessary. Copyright 2023 The Florida Litigation Guide, 1997 to 2022 - Litigation Guide Publishing, LLC |, * Fla. R. Civ. When appropriate, the court orders the breaching party to perform its obligations under the terms of the contract, such as delivering the goods or services promised in the agreement. Specific performance is not typically granted for personal property unless it is an item that cannot be easily valued in an open market setting, like a family heirloom that would have more personal and emotional value than financial value. P. 1.610(d). The Allegro at Boynton Beach, L.L.C. In an earlier article, I talked about the election of remedies doctrine. Second, the appellate court quickly rejected the property owners cunning effort to cancel the original purchase and sale contract only to enter into a new agreement at a higher price. "Florida courts do not limit the defense to specific categories of facts. 2d 1046, 1047 (Fla. 1995)(including elements listed above); see also Alorda v. Sutton Place Homeowners Assoc, 82 So.3d 1077, 1080 (Fla. 2d DCA 2012)(including clear legal right element); Hatfield v. AutoNation, Inc., 939 So.2d 155, 157 (Fla. 4th DCA 2006)(same); Heslop v. Moore, 716 So. (16) A party may move to dissolve or modify a temporary injunction at any time and such a motion must be heard within five days of application. Blockchain Technologies and Digital Currencies, Intellectual Property Licensing and Assignments, Privacy Policies and Terms and Conditions, Intellectual Property Rights Clearance for Film and Television Productions, Talent Agency and Artist Management Contracts, Student-Athlete Name, Image & Likeness Rules, Non-Compete and Non-Solicitation Agreements in Employment Law, Sexual Orientation and Gender Identity Discrimination. Do you have questions or comments? [The buyer] argues that its principals personal resources are sufficient to show the company had a reasonable certainty of being able to complete the purchase, but this falls short of the binding commitment the law requires. In Florida, not every contract can be granted specific performance, no matter how much the injured party wants to force the other side to go through and comply with the terms of the contract. Election of Remedies Doctrine and Claims for Specific Performance and Breach of Contract, In an earlier article, I talked about the, Before a trial court can apply the election of remedies doctrine, it must determine whether the remedies are, the appellate court held that the plaintiffs remedies seeking breach of contract and specific performance were factually consistent since they were based on the same underlying factual transaction. Florida Rules: Rule 1.610, Fla. R. Civ. PDF LexisNexis Practice Guide on Florida Civil Procedure Under Florida law, forcing that buyer to perform can only be done by a court if there is no other adequate remedy at law. If the judge tries to order specific performance and the buyer can demonstrate that other remedies were available (say, a cash payment), then that trial court judge will be reversed on appeal (unless, of course, the contact states the parties may seek specific performance). Williamson v. Williamson, 367 So.2d 1016, 1018 (Fla. 1979)( [H]e who seeks equity must stand before the court with clean hands and he who seeks equity must do equity.);PNC Bank, Natl Assn v. Smith, 225 So.3d 294, 295 (Fla. 5th DCA 2017). endstream endobj 53 0 obj <> endobj 54 0 obj <> endobj 55 0 obj <>stream E.g., Cardinal Inv. - The would-be beneficiary relies on and takes certain actions based on the promise. (4) there is no other adequate remedy at law. Fla. June 30, 2021); Messina v. City of Fort Lauderdale, 546 F.Supp.3d 1227, 1236-37 (S.D. Brendan A. Sweeney, Esq., is an AV Preeminent Martindale Rated Attorney, that has been recognized as a Florida Super Lawyer in 2019, Florida Legal Elite in 2019, and as a Florida Super Lawyer Rising Star in 2018, 2017, 2016, 2015, and 2014. From the court's perspective, the foregoing principles applied with particular force to the facts before it, in that 1) the trial court's order "mandatorily required the defendant to do all and everything that the [hotelier's] bill prays that [the railroad] be required to do"; and 2) while the dispute arose out of a contractual dispute between But certain units . It is also possible that by the seller and seller's attorney even having notice of a threatened specific performance action marketability of the property is at risk. By submitting this form I acknowledge that contacting the Law Office of Clifford J. Fla 2011) (moving party will face a particularly heavy burden of persuasion). There is a specific performance of a contract. 4th Floor, Coral Gables 2020); Swain v. Junior, 961 F.3d 1276, 1284-85 (11th Cir. 1. The Eleventh Circuit was not going to disregard corporate formalities of setting up a limited liability company for purposes of insulating liability simply because the principals of the two members of the limited liability company independently had money to close. Seaboard Oil Co. v. Donovan, 99 Fla. 1296, 1306 (Fla. 1930)(an injunction against the breach of a contract is a negative decree of specific performance of the agreement, and the general rule is that the power and the duty of a court of equity to grant the former is measured by the same rules and practice as its power and duty to grant the latter relief.); Thompson v. Shell Petroleum Corp., 130 Fla. 652 (1938)(An injunction restraining the breach of a contract is a negative specific enforcement of that contract. If a plaintiff could double recover on mutually exclusive theories of liability based on inconsistent facts, then plaintiffs would recover double than what they are rightfully entitled to. 2023 Defense & Special Teams Best Ball Rankings | FantasyPros Avery v. Marine Bank & Trust Co., 216 So.2d 251 (Fla. 2d DCA 1968). Temporary Injunction - Florida Litigation Guide [The buyer] argues that it was ready, willing, and able to perform under the contract, first, because [the ultimate principals of the members of the buyer limited liability company] could command credit from a bank in excess of $5 million and, second, because [the principals] each had over $5 million in cash. Part 226 (Regulation Z) Liable Parties Creditor (generally the original lender) Assignee, if violation "apparent on face" of documents Third District: City of Miami Beach v. Clevelander Ocean, L.P., 338 So.3d 16, 21-22 (Fla. 3d DCA March 2, 2022);Namon v. Elder, 331 So.3d 835, 837-38 (Fla. 3d DCA 2021); AmeriGas Propane, Inc. v. Sanchez, 335 So.3d 1253, 1257 (Fla. 3d DCA 2021); GFA Intl, Inc. v. Trillas, 327 So.3d 872, 876 (Fla. 3d DCA 2021). Second District:Freeman as Trustee of Fiddlesticks Land Trust U/A/D September 25, 1984 v. Berrin, 352 So. In late October, the church learned that there would be a delay in getting the needed zoning changes: zoning hearings would drag on for another 6 months. Fla. March 8, 2023);Philadelphia Indem. Closing never occurred and the buyer sued the seller for specific performance to force the seller to close on the sale of the land. When a real estate deal blows up in Florida, its usually because one side or the other has made a business decision that the agreement is no longer in their best interests to perform, and they would rather not sell the land or buy the property. Most defenses to a breach of contract claim are referred to as "affirmative defenses." As a legal matter, this means that the party raising the defense (the person sued for breach of contract) has the burden of proving the defense, if the dispute goes to trial. PDF Remedies for Real Property Disputes in Florida - GrayRobinson With the Parent-Child Relationship, Unfair Competition Trade Name, Service Mark and Trade Mark Infringement, Wrongful Interference with Testamentary Expectancy. 5 However, the performance must be more than difficult or burdensome.6 The defense of impossibility of performance refers to the occurrence of an event that is Email: Dadelstein@gmail.com, Phone: (954) 361-4720 Email: Dadelstein@gmail.com. through this website does not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege. Though, this remedy is only available to the buyer if the seller does indeed hold proper title to the property to convey. Florida law excuses performance of a contract, if performance is either impossible or the contract purpose has become commercially frustrated. (3) Injunctive relief is an extraordinary and drastic equitable remedy, which should be granted sparingly and only after the moving party has satisfied every one of the demanding prerequisites for such relief. Ins. Breach of Implied Warranty of Fitness for a Particular Purpose, Contribution Uniform Contribution Among Tortfeasors Act, Emotional Distress, Intentional Infliction, Invasion of Privacy Public Disclosure of Private Facts, Tortious Interference: 1. Thus, the court may deny this remedy even when the terms of the contract are unambiguous, and the remedy is available. For buyers, maybe market prices changed and what was once a great bargain is now a bad deal. 5:18-CV-267-TKW/MJF, 2021 WL 260244, at *2 (N.D. Fla. Jan. 5, 2021). We disagree. Specific Performance for Contracts Concerning the Sale of Florida Real Subscribe to The Florida Litigation Guide To Access Everything! Plaintiff bears the burden of establishing there is a clear legal right to the ultimate relief sought and a substantial likelihood of success on the merits. The invaluable online tool for litigation and transactional attorneys. In order to obtain specific performance in New York, the non-breaching party must prove four elements: (1) there is a valid and enforceable contract between the parties; (2) the non-breaching party is ready, willing, and able to perform their obligations under that contract; (3) the breaching party can perform the contract but has failed to do so; and. Ins. Pursuing a claim for specific performance is not necessarily easy. Additionally, that seller better be ready, willing, and able to do his part of the agreement if he or she is asking the court to make the buyer specifically perform their end of the bargain. Nonetheless, when the buyer secured the approvals to develop the land, it notified the seller that it wants to close on the land. He is very nice and even mannered when you deal with him, however, when we went to court he was vicious and completely embarrassed the other side. 3d 938, 942 (Fla. 4th DCA 2021), State of Florida v. Department of Health and Human Serv. Specific Performance and Florida Contract Law When it comes to contract disputes, the most common remedy involves financial restitution. 2017 - 2023 Sweeney Law, P.A. Monetary damages are a type of legal remedy with its own set ofrequirements. Tier 3 New York Giants. This seems like a step backward for the Saints defense, which was one of four units to finish in the top five in yards (fourth), points (fifth), and DVOA (second) last season. Group, Inc. v. Giles, 813 So.2d 262, 263 (Fla. 4th DCA 2002). Breach Implied Covenant of Good Faith & Fair Dealing, Breach: 10. Then, if specific performance is awarded, the seller can then recover from the buyer the full purchase price as contemplated in the contact plus any incidental damages. Breach of Third-Party Beneficiary Contract, Breach: 05. The rest of the elements for this cause of action; The citations to the most recent state and federal court cases citing the cause of action. Breach of Third-Party Beneficiary Contract, Breach: 05. Castigliano v. O'Connor, 911 So.2d 145, 148 (Fla. 3d DCA 2005) (internal citations omitted). Specific Performance 1 Elements and Case Citations Plaintiff and Defendant are parties to a contract; Plaintiff performed its obligation under the contract or is ready, willing and able to perform; Defendant refused to perform its obligation under the contract; and No adequate remedy at law exists. Arbitrability of a Dispute Does a Judge or Arbitrator Decide? 2d 500, 501 (Fla. 4th DCA 1996). See, e.g., Pronman v. Styles, No. This is always one of the first defenses you look for in every case. ", "I retained Brendan to defend a debt, he ended up having the debt wiped out and had the debt collector pay us triple what the debt was for consumer violations. The buyer claimed this prompted the seller to avoid closing. It also covers procedural and equitable defenses specific to breach of contract. Florida Courts have consistently held that, " despite the non-performing party's asserted defense, Florida law provides the performing party with possible counterarguments to the statute of frauds. Florida Specific Performance in Real Estate Agreements. Ranking NFL's top 10 defenses for 2021: Hail to the Football Team, with Brendan is a top tier, first class lawyer, second to none. The appellate court stated when a property owner enters into a purchase contract, a pre-existing right of refusal is converted into an irrevocable option to purchase. The Allegro at Boynton Beach, supra (internal quotations and citations omitted). Expect Cleveland's defense to be better in 2021 than it was a year ago. With a Dead Body, Tortious Interference: 4. WAIVER OF SPECIFC PERFORMANCE REMEDY - Law Insider Defenses may either be negative or affirmative. A good piece of advice when you and your family are purchasing or selling your family home in one of the biggest transactions of your life is to at least talk with a Florida real estate lawyer. ( four years ); Hollywood Lakes Section Civic Ass'n, Inc. v. City of Hollywood, 676 So. Understanding Specific Performance | LegalMatch 3d 1036, 1039 (Fla. 2d DCA 2021). Otherwise, the court really has no reason to award specific performance. Middle District:Oppenheimer & Co. v. Majani, 2023 WL 2403884, *2 (M.D. "a6:E)+%y6i]>\e6F^:/&/Z0Ax 0Knsp{ijyjQ?j~>+bd ?BQ`jDO \ F*;z[rHLlz0tY2`Erg=^/SCXeY1F~bxQqc1PAy0g8w/:"1!HkaH` D. Excuse of performance. Contracts, Compliance, and Coronavirus - Defenses to - Bradley With a Dead Body, Tortious Interference: 4. Co., 949 So.2d 1066, 1070, n.3 (Fla. 2d DCA 2007)(emphasis added); see also FHR TB, LLC v. TB Isle Resort, LP., 865 F.Supp.2d 1172, 1192(S.D. Specific performance is a form of remedy recognized in every state, as well as under federal law; however there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. Breach of Implied in Law Contract, Breach: 07. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address: 2100 E. Hallandale Beach Blvd Suite 200 Hallandale Beach, Florida 33009. Brendan A. Sweeney, Esq., of Sweeney Law, P.A., a boutique firm in Fort Lauderdale, Florida, prosecutes and defends real estate litigation matters throughout Florida. During the six-year contingency period, the buyer spent substantial monies to secure permits. 2d 500, 501 (Fla. 4th DCA 1996). Miami, FL 33133, 2221 Camino del Rio South 12 C.F.R. P. 1.110(d), and Other Standard Defenses, Breach: 02. A decree of specific performance is an equitable remedy granted at the discretion of a trial court. A negative defense is the specific denial of the material fact or facts alleged in the pleading . Copyright 2023 AboutFloridaLaw.com. Answers to questions can be compared across many jurisdictions (see Breach of Contract Defenses: State Q&A Tool). Are we screwed? Therefore [the buyers] only hope is to show it had (3) a binding commitment from a financially able third party. Specific performance is a type of equitable remedy available in a breach of contract action. When someone files a suit for specific performance, the party who did not breach the contract, or the plaintiff, asks the court to order the party in breach, the defendant, to perform their end of the contract. This proposition stands as strongly today. Sixth District:Lusby v. Canevari, 2023 WL 2336712, *2 (Fla. 6th DCA March 3, 2023). The Case of Our Savior Lutheran Church v. Tom Jones Enterprises, Inc. Heres an example of specific performance litigation in action here in Florida. 2d 488, 492 (Fla. 2d DCA 1964)(explaining why the same general rules apply to injunctions against the breach of a contract that apply to specific performance)(citations omitted); Grant v. U.S., 289 F. Supp. However, there is also something called specific performance which is an equitable remedy in some breach of contract matters. Today, all those have merged, and the court can make a decision on whether to issue a monetary judgment or issue equitable relief. Florida's Statute of Frauds- Performance of Non-Written/Oral Contracts As a former big firm bank attorney he is very sophisticated and a considerable force to deal with. These articles are for informational purposes only and should not be relied upon as legal advice. ROMANO LAW (6) Mandatory injunctions [which require that a defendant do some positive act or that acts be undone] are looked upon with disfavor, and the courts seem even more reluctant to issue them than prohibitory ones. Shaw v. Tampa Elec. Activities Assoc. 452, 465 (Fla. 2nd DCA Dec. 2, 2022);Surgery Ctr. And, its always a lot cheaper than paying to fix a problem after a closing occurs. This remedy is generally available to both buyers and the sellers. I ended up making a profit off of the debt. See Melbourne Ocean Club Condominium Assn, Inc. v. Elledge, 71 So.3d 144, 146 (Fla. 2011). How to Compel Specific Performance of a Contract - Romano Law The property owner refused to honor the right of first refusal and entered into a purchase and sale contract to sell the property to another buyer. It is important to consult anattorneybefore entering into any agreements and prior to bringing a lawsuit in order to protect your rights and seek appropriate recovery for your losses. Meanwhile, during this period, the seller received a better offer for the land. ), Equitable Relief: One seeking Equity MUST do Equity, Exculpatory Clauses will be Strictly Construed to Determine Enforceability, Do Yourself a Favor: Get a Court Reporter at that Impactful Hearing, Real Estate Brokers are NOT Immune from Liability, Res Judicata and 4 Requirements that Must be Demonstrated, Writ of Prohibition to Prevent Trial Court from Exceeding Jurisdiction, Directed Verdict Granted where No View of Evidence Could Support Jury Verdict, Petition for Writ of Mandamus Directing Trial Court to Take Action, Considerations: Independent Tort Doctrine and Claim Known as Equitable Accounting, Waiver is a Voluntary Relinquishment of a Known Right that Must be Proven with a Clear Showing, Dismissal Without Prejudice does NOT Trigger Attorneys Fees under Proposal for Settlements, Bert Harris Act and Competing Motions for Summary Judgment, Plaintiff MUST Confer Direct Benefit on Defendant to Prove Unjust Enrichment, You Cannot Intentionally Render Moot a Plaintiffs Lawsuit, Apparent Authority of Agent to Bind Principal, Serving the Civil Remedy Notice (CRN) to Perfect a First-Party Bad Faith Insurance Claim, Breach of Express Contract is Exception to Sovereign Immunity, Moving for and Challenging a Protective Order under the Apex Doctrine, Purchase-and-Sale Contract: Your Right to Modify Them, Premise Liability and Duty Owed to Business Invitees, Recovering Attorneys Fees in Litigating the Amount of Attorneys Fees, Business Interruption due to COVID-19 NOT Covered under Commercial Property Insurance Policy, Foreseeability and the Duty Element of a Negligence Claim, Post-Judgment Receiver Appointed to Collect on Behalf of Judgment Creditor, Reminder: Not Every Breach is a Material Breach of Contract, Adding a Non-Party Fabre Defendant to the Verdict Form, 3-Step Process for Objections to Trade Secrets, Attorneys Fees to Prevailing Party Under FDUTPA Claim are PERMISSIVE, Contractually Disclaiming a Fraud Claim (Possible, but not Easy to do), Floridas Single Publication Rule (and Defamation Claims), Reasonable Time to Accept Settlement Offer (is a Question of Fact), Contingency Fee Multiplier Must Establish the Relevant Market Factor, Business Judgment Rule Designed to Shield Directors from Personal Liability, Ambiguity in Insurance Policy Interpreted in Favor of Insured, Pure Bill of Discovery NOT for Purposes of Fishing Expedition, Partition Action does Not Result in Money Damages Against a Party, Consider Prevailing Party Attorneys Fees before Voluntarily Dismissing Case, Confession of Judgment does Not Start the Clock to File Motion for Attorneys Fees, Quick Note: Motion for Protective Order Reviewed Under Abuse of Discretion Standard of Review, There are NO Magic Buzz Words to Effectuate an Assignment, Presuit Appraisal Requirement under Bert J. Harris Act, Determining whether Lis Pendens Against Property is Appropriate Fair Nexus, Recovering Attorneys Fees Incurred on Partys Behalf, To Pierce Corporate Veil, there Needs to be Sufficient Findings of Improper Conduct, Timely Moving for Trial De Novo after Non-Binding Arbitration Award, Attorneys Fees do Not have to be Quantified in Proposal for Settlement, A Bad Deal does NOT Make It an Unlawful Deal, Dismissal of Complaint (Action under Floridas Public Whistleblower Act) for Failure to State Cause of Action, Duty Element of Negligence Did Defendants Conduct Foreseeably Create Broader Zone of Risk, Trier of Fact Determines Weight of the Evidence, Oops!

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