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  • Donna Greenspan Solomon, Esq. Named Again as Florida Super Lawyer July 21, 2017
    Donna Greenspan Solomon, Esq. has been selected to the 2017 Florida Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more […]
  • Foreclosure Plaintiff Must Have Standing to Enforce the Note, as Opposed to the Mortgage, at the Inception of Proceeding July 27, 2016
    In Wells Fargo Bank, N.A. v. Russell, 3D15-593 & 3D15-305 (Fla. 3rd DCA July 6, 2016), the Third District Court of Appeal reversed the trial court’s final summary judgment in favor of the mortgagors/appellees.  The final summary judgment had been granted based on an affirmative defense that Wells Fargo lacked standing to enforce the note […]
  • For Arbitration Waiver to Be Unconscionable and Unenforceable, It Must Show at Least Modicum of Both Procedural and Substantive Unconscionability July 11, 2016
    In MuniCommerce, LLC v. Navidor, Ltd. (Sic), 184 So. 3d 635 (Fla. 4th DCA 2016), the Fourth District Court of Appeal found that the trial court failed to apply the plain language of an independent sales agent agreement in compelling mediation and arbitration between a company and its agent.  The agreement required mediation and arbitration except where […] […]
  • Glasswall, LLC v. Monadnock Const., Inc. June 23, 2016
    In Glasswall, LLC v. Monadnock Const., Inc., 187 So. 3d 248 (Fla. 3d DCA 2016), the Third District Court of Appeal held that the arbitrator, not the court, will decide the issue of arbitrability where the arbitration agreement includes “clear and unmistakable” evidence that the parties intended to submit the issue to an arbitrator, even […]
  • A.K. v. Orlando Health, Inc. June 12, 2016
    In A.K. v. Orlando Health, Inc., 186 So. 3d 626 (Fla. 5th DCA 2016), the Fifth District Court of Appeal found that an arbitration agreement violates the public policy where it fails to adopt the statutory provisions required by Florida’s Medical Malpractice Act, chapter 766, Florida Statutes (2012).  The Court certified conflict with Santiago v. […]
  • Wells v. Halmac Development, Inc. May 22, 2016
    In Wells v. Halmac Development, Inc., No. 3D15-1081 (Fla. 3rd DCA April 13, 2016), the Third District Court of Appeal found that the trial court abused its discretion in failing to award section 57.105 attorney’s fees.  The party’s counsel knew or should have known that the party did not have any reasonable basis in law […]
  • Estate of Reinshagen v. WRYP May 17, 2016
    In Estate of Reinshagen v. WRYP ALF, LLC, No. 5D15-4194 (Fla. 5th DCA April 29, 2016), the Fifth District Court of Appeal reversed the trial court’s order compelling arbitration, relying on its prior decision in Estate of Novosett v. Arc Villages II, LLC, No. 5D14–4385 (Fla. 5th DCA Mar. 11, 2016). In both Reinshagen and […]
  • Deutsche Bank Trust Co. Americas v. Beauvais April 18, 2016
    Following a rare en banc oral argument, the Third District Court of Appeal reversed its prior decision and released a new en banc opinion in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575 (Fla. 3d DCA April 13, 2016).  In its split 6-4 decision, the Third District held that dismissal of a foreclosure action […]
  • Knowles v. Bank of New York Mellon April 14, 2016
    In Knowles v. Bank of New York Mellon, No. 4D15-630 (Fla. 4th DCA March 30, 2016), the Fourth District Court of Appeal reversed the trial court’s final judgment of foreclosure in favor of the appellee bank.  The bank had conceded error based on case law issued after trial; specifically, Jelic v. LaSalle Bank, Nat’l Ass’n, […]
  • American Management Services & Fedorak v. Merced April 8, 2016
    In American Management Services & Fedorak v. Merced, No. 4D15-1385 (Fla. 4th DCA March 2, 2016), the Fourth District Court of Appeal reversed the denial of a motion to compel arbitration.  The appellate court found that the trial court erred by failing to set an expedited evidentiary hearing on substantial disputed issues regarding the making […]