Week In Review

Headnotes of selected Florida Supreme Court and District Courts of Appeal cases filed the week of
September 14, 2020 - September 18, 2020

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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Limited liability companies -- Members' liability for LLC's debt -- Uniform Commercial Code -- Negotiable instruments -- Notes -- Surety -- Accommodation party -- Physicians/individual members of LLC, upon their separation from the LLC, were not liable to LLC, under either the UCC or LLC's operating agreement, for their pro rata share of the balance due on loans, the proceeds of which were disbursed to LLC and used to fund expenses accrued by the LLC, which was itself a party to the notes securing the loans -- Physicians were mere accommodation endorsers under UCC -- Physicians' credit was prerequisite to lender funding the loan because LLC was not considered sufficiently creditworthy, and entirety of funds were disbursed to LLC -- Physicians did not become direct beneficiaries of loans by virtue of having received salaries, bonuses, or other indirect advantages -- Unjust enrichment -- LLC could not pursue claim of unjust enrichment against disassociating physicians where collection of outstanding balances owed to lender was not authorized by written agreement governing LLC -- Equitable relief not available given fact that UCC affirmatively barred LLC from obtaining relief from physicians, and terms of LLC governance agreement neither disavowed application of UCC nor authorized relief
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Mortgage foreclosure -- Federal HUD regulation requiring that mortgagee have face-to-face interview with mortgagor, or make a reasonable effort to arrange such a meeting -- Meeting is not a condition precedent to foreclosure, but by language of mortgage and note, mortgagee agreed to self-impose the HUD regulation on itself -- By presenting evidence that it mailed a certified face-to-face letter to mortgagor and made at least one visit to the mortgaged property in attempt to hold face-to-face interview, mortgagee established a prima facie case for foreclosure -- Trial court erred in dismissing action
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Mortgage foreclosure -- Jurisdiction -- Local action rule -- Prohibition -- Petition for writ of prohibition seeking to prevent circuit court from foreclosing upon mortgage encumbering real property in another county -- Petition denied where subject mortgage was cross-collateralized with three other mortgages encumbering properties in county where circuit court sits, and the cross-collateralized mortgages are construed as a single instrument -- Although each mortgage initially constituted the sole security for its respective note, the loan agreements were later modified so that all of the mortgages encumbering all of the properties jointly constituted the collateral for the borrowers' entire debt -- Under section 702.04, when a mortgage includes lands lying in two or more counties, it may be foreclosed in any one of said counties
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Torts -- Negligence -- Product liability -- Strict liability -- Damages -- Economic loss rule -- Trial court properly entered partial summary judgment in favor of manufacturer of fittings which were integral part of fire suppression system incorporated into building purchased by condominium association from developer -- Economic loss rule barred association's recovery from defendant to extent that association sought damages to replace fire suppression system and repair damage to building -- Defendant's tort liability for allegedly defective products was limited to injuries caused to persons or damage caused to property other than defective product itself which, in instant case, was the building purchased by the association
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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 made to this section this week.