Stermer v. Old Republic Nat'l Title Ins. Co., Case No. 23-10850 (11th Cir. 2025).
Exclusion of a creditor trustee’s expert witness was proper because the expert’s "premium over tangible equity" valuation method relied on speculative assumptions regarding the debtor’s ability to raise capital and re-enter the market, and accordingly, the debtor’s transfer of intangible assets, including trade names and a title plant, were for reasonably equivalent value.
Festival Fun Parks, LLC v. Oceaneering Int'l, Inc., Case No. 3D24-0490 (Fla. 3d DCA 2025).
An assignor remains liable for contractual obligations unless the obligee expressly agrees to accept the assignee’s assumption of those duties through a novation, thus an assignment of rights under a contract does not transfer the assignor's performance obligations to the assignee.
Winston Towers 100 Ass'n v. Antonioli, Case No. 3D24-1077 (Fla. 3d DCA 2025).
A corporate representative’s testimony regarding payment records is admissible under the business records exception and supported the debt, even though the witness did not personally prepare the ledgers.
Fisher v. Hous. Auth. of Key West, Case No. 3D24-2065 (Fla. 3d DCA 2025).
Florida Statutes section 51.011 governs post-judgment motions in summary procedure eviction actions and requires a motion for new trial to be filed within five days; consequently, a tenant's motion for rehearing filed under Florida Rule of Civil Procedure 1.530 eight days after judgment is unauthorized and does not toll rendition of the final judgment.
2010 NW 107 Ave LLC v. Delta Bay Invs. LLC, Case No. 3D25-1923 (Fla. 3d DCA 2025).
A trial court need not hold an evidentiary hearing on rent determination if the court has already granted the tenant the full rental offset claimed, and accordingly, Florida Statutes section 83.232(5) mandates an immediate default without further hearing when the tenant subsequently fails to deposit the remaining undisputed rent into the court registry by the court-ordered deadline.
Dixon v. Green, Case No. 5D2024-2410 (Fla. 5th DCA 2025).
An attorney creates a conflict of interest prohibited by Florida Bar rules when he initially represents a potential heir claiming to be the decedent's son and subsequently undertakes representation of the decedent's cousins to oppose that same heir's claim in the same proceeding.
