TORTS: FRAUD: UNDUE INFLUENCE: EQUITABLE RESCISSION; CIVIL PROCEDURE: PERSONAL JURISDICTION: ALLEGATION THAT FOREIGN DEFENDANT WAS SUI JURIS WAS INSUFFICIENT TO PLEAD A PREDICATE FOR PERSONAL JURISDICTION: ALLEGATION THAT CONTRACT WAS FRAUDULENTLY ASSIGNED TO A THIRD PARTY DID NOT ALLEGE A BREACH OF CONTRACT IN FLORIDA: COMPLAINT DID NOT ALLEGE SUFFICIENT MINIMUM CONTACTS WITH FLORIDA: PLAINTIFF’S FAILURE TO FILE SWORN PROOF IN OPPOSITION TO DEFENDANT’S SUFFICIENT AFFIDAVIT REQUIRED DISMISSAL; APPEALS: RECORD ON APPEAL: TRANSCRIPT OF HEARING WAS UNNECESSARY BECAUSE FACTS WERE NOT IN DISPUTE AND DE NOVO STANDARD OF REVIEW APPLIED

Rollet v. de Bizemont, ___ So. 3d ___, 40 Fla. L. Weekly D627 (Fla. 3d DCA March 11, 2015)

The plaintiff brought an action for equitable rescission of an assignment of a contract for the purchase of a condominium unit in Florida. The parties were citizens of France residing in Dubai. The appellate court reversed an order denying the defendant’s … Click To Read Full Case Law Review...

FAMILY LAW: REAL ESTATE: RIGHT OF FIRST REFUSAL: FORMER HUSBAND’S EMAIL STATING THAT HE WAS EXERCISING HIS RIGHT OF FIRST REFUSAL TO PURCHASE THE MARITAL HOME IMPLICITLY ADOPTED ALL THE TERMS OF THE THIRD PARTY CONTRACT AND PERFECTED HIS RIGHT OF FIRST REFUSAL: FORMER WIFE’S REPLY EMAIL, WHICH INTRODUCED NEW TERMS NOT FOUND IN THE LISTING ORDER, CONSTITUTED A BREACH

Castelli v. Castelli, ___ So. 3d ___, 40 Fla. L. Weekly D570 (Fla. 4th DCA March 4, 2015)

The trial court entered a Listing Order requiring the parties to sell the marital home but providing the former husband with a right of first refusal. When a third party made an offer to purchase the home, the former husband’s lawyer … Click To Read Full Case Law Review...

CONTRACTS: CONSTRUCTION: CIVIL PROCEDURE: THIRD PARTY COMPLAINT: INDEMNITY: CONTRIBUTION: MOTION TO DISMISS: TRIAL COURT ERRED BY DISMISSING THIRD PARTY COMPLAINT FOR INDEMNITY AND CONTRIBUTION BY GENERAL CONTRACTOR AGAINST SUBCONTRACTOR BASED UPON ALLEGATION THAT SUBCONTRACTOR PERFORMED THE WORK REQUIRED BY THE SUBCONTRACT BECAUSE THIRD PARTY COMPLAINT ALSO ALLEGED THAT SUBCONTRACTOR BREACHED THE SUBCONTRACT BY FAILING TO PERFORM ITS PORTION OF THE JOB IN A WORKMANLIKE MANNER

Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D432 (Fla. 5th DCA February 13, 2015)

The homeowner sued the general contractor for negligently constructing his home, and the general contractor filed a third party complaint for indemnity and contribution against the drywall subcontractor. The trial court dismissed the third party complaint … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: CONTRACTS: EXCULPATORY CLAUSES: AN EXCULPATORY CLAUSE MAY CLEARLY AND UNEQUIVOCALLY RELEASE A PARTY OF LIABILITY FOR ITS OWN NEGLIGENCE EVEN IF THE CLAUSE DOES NOT EXPRESSLY MENTION NEGLIGENCE: INDEMNITY PROVISIONS ARE DIFFERENT FROM EXCULPATORY CLAUSES AND DIFFERENT RULES APPLY TO EACH OF THEM: CLAUSE EXCULPATING PARTY FROM “ANY LIABILITY WHATSOEVER IN CONNECTION WITH THE ACTIVITY IN QUESTION AND ANY AND ALL CLAIMS AND CAUSES OF ACTION OF EVERY KIND ARISING FROM ANY AND ALL PHYSICAL OR EMOTIONAL INJURIES AND/OR DAMAGES WHICH MAY HAPPEN TO ME/US CLEARLY AND UNEQUIVOCALLY RELEASED PARTY OF LIABILITY FOR ITS OWN NEGLIGENCE

Sanislo v. Give Kids The World, Inc., ___ So. 3d ___, 40 Fla. L. Weekly S79 (Fla. February 12, 2015)

The defendant was “a non profit organization that provide[d] free ‘storybook’ vacations to seriously ill children and their families at its resort village.” The plaintiff was the mother of a seriously ill child, who applied for a storybook vacation. The … Click To Read Full Case Law Review...

CONTRACTS: CONSTRUCTION: AMBIGUITY: CONTRA PROFERENTUM IS A SECONDARY RULE OF INTERPRETATION, WHICH SHOULD BE USED ONLY IF THE INTENT OF THE PARTIES CANNOT BE DETERMINED BY OTHER MEANS: TRIAL COURT ERRED BY FAILING TO CONSIDER EXTRINSIC EVIDENCE TO CONSTRUE AMBIGUOUS CONTRACT: AMBIGUITY OF CONTRACT CREATES QUESTION OF FACT REGARDING INTENT OF PARTIES PRECLUDING SUMMARY JUDGMENT

Life Care Ponte Vedra, Inc. v. Wu, ___ So. 3d ___, 40 Fla. L. Weekly D367 (Fla. 5th DCA February 6, 2015)

The plaintiffs entered into a contract with a continuing care retirement community. Although the contract provided for termination before and after occupancy, a larger refund applied before occupancy. When the plaintiffs terminated their contract, the defendant paid … Click To Read Full Case Law Review...