Week In Review

Headnotes of selected Florida Supreme Court and District Courts of Appeal cases filed the week of
September 26, 2022 - September 30, 2022

Civil Law Headnotes (Jump to Criminal Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Consumer law -- Debt collection -- Florida Consumer Collection Practices Act -- Small claims -- Attempt to enforce debt that is not legitimate or assert existence of legal right which does not exist -- Actual knowledge -- Action against motor vehicle dealer by leased vehicle customer alleging dealer violated FCCPA by improperly designating a pre-delivery service charge as a document fee on the lease -- Trial court erred in granting summary disposition in favor of dealer based on bona fide error defense where discovery regarding dealer's policies and procedures for complying with FCCPA and how such policies were implemented, which directly related to bona fide error defense, was still outstanding
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Partnerships -- Oral agreement -- Breach -- Accounting -- Breach of fiduciary duty -- Buyout -- Revised Uniform Partnership Act -- Trial court did not err by rendering final judgment finding defendant liable to plaintiff for breach of oral partnership agreement or in basing damages resulting from that breach on those that reasonably flowed from plaintiff's 50% interest in the partnership -- Accounting -- Trial court did not err by granting defendant's motion for directed verdict on plaintiff's request for an accounting after finding that damages awarded were adequate remedy at law with no need for additional, and duplicative, equitable accounting -- Trial court correctly directed verdict in favor of defendant on claim of breach of fiduciary duty where same conduct gave rise to both breach of contract and breach of fiduciary duty claims -- Trial court did not err by denying plaintiff's statutory buyout claims under RUPA where complaint demanded buyout against defendant personally -- RUPA required plaintiff, upon dissociation from partnership, to bring buyout claim against partnership, not against partner personally -- Trial court correctly concluded that there was no difference between what plaintiff was entitled to recover for breach of partnership agreement and what he would have been entitled to recover for statutory buyout of his half of partnership assets since, in both cases, the measure of relief was the value of plaintiff's share in the partnership as of the date of dissociation and breach
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Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
To see others not presented here, log in for more comprehensive weekly listings.

No entries selected for this section.