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Volume XVIII, Issue 28

July 16, 2025

Benshot, LLC v. 2 Monkey Trading, LLC (In Re: 2 Monkey Trading, LLC), Case No. 23-12342 (11th Cir. 2025).

Neither individual nor corporate debtors can discharge debts listed under § 523(a) in Subchapter V proceedings.

AST & Science LLC v. Delclaux Partners SA, Case No. 23-11985 (11th Cir. 2025).

Federal jurisdiction over state law claims exists only in the very narrow circumstances set forth in Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005): the state law claim was necessarily raised, actually disputed, substantial, and capable of resolution in federal court without disrupting the federal-state balance approved by Congress.

Nalco Company LLC v. Bonday, Case No. 22-13546 (11th Cir. 2025).

Arbitrators exceed their powers – and their resulting award may be vacated – if they rule on issues never submitted to arbitral panel.

Hillsborough County v. G.L. Acquisitions Corporation, Inc., Case No. 2D2024-1958 (Fla. 2d DCA 2025).

A circuit court reviewing the decision of a local administrative agency on first tier certiorari review departs from the essential requirements of law by basing its review on a finding that the local administrative agency did not make.

Avila v. Biscayne 21 Condominium, Inc., Case No. 3D23-1616 (Fla. 3d DCA 2025).

The term “voting rights” in a declaration of condominium encompasses not only the right to vote but additional rights such as the percentage of votes necessary to permit termination of the condominium. Finding no “Kaufman language” in this particular case, the court certified the following question as one of great public importance:

MAY AN AMENDMENT ALTERING THE VOTING THRESHOLD REQUIRED TO TERMINATE A CONDOMINIUM PASS WITHOUT UNANIMOUS APPROVAL WHERE A CONDOMINIUM DECLARATION BOTH: (1) REQUIRES THE UNANIMOUS APPROVAL OF THE UNIT OWNERS BEFORE EITHER TERMINATING THE CONDOMINIUM OR PASSING ANY AMENDMENT TO THE DECLARATION OF CONDOMINIUM ALTERING A UNIT OWNER’S “VOTING RIGHTS” AND (2) LACKS LANGUAGE PURSUANT TO KAUFMAN V. SHERE, 347 SO. 2D 627 (FLA. 3D DCA 1977), AUTOMATICALLY INCORPORATING RELEVANT STATUTORY CHANGES INTO SUCH CONTRACTUAL PROVISIONS?

ACF IV, LLC v. FDI Capital, LLC, Case No. 3D24-0533 (Fla. 3d DCA 2025).

Unless the context otherwise requires, private loan participation agreements are not considered “securities” protected under section 517.12(1) of the Florida Securities and Investor Protection Act.

De Soleil South Beach Association, Inc. v. Perrin, Case No. 3D24-0707 (Fla. 3d DCA 2025).

The Third District re-affirms its holding of IconBrickell Condo. No. Three Ass’n, Inc. v. New Media Consulting, LLC, 310 So. 3d 477 (Fla. 3d DCA 2022), that common elements cannot be disassociated from a condominium, even when -ss in this case - the Master Declaration states the condominium portion of a mixed-use development has no common elements.