Employers regularly use noncompete agreements to protect their legitimate business interests. When hiring employees, employers want to restrict employees from approaching customers or working for competing companies within a certain location, for a certain duration of time. Employees routinely argue that they have a right to work and employers are unjustly infringing on their right […]
Banco De Los Trabajadores V. Ricardo Rene Cortez Moreno, 2018 WL 522186 (Fla. 3d DCA Jan. 24, 2018) In this case, Banco De Los Trabajadores (Bantrab) was a Guatemalan company that began doing business with Cortez, a Guatemalan citizen residing in Miami, Florida. Cortez’s scope of employment was to assist in promoting and increasing Bantrab’s […]
Sabido v. The Bank of N.Y. Mellon, 43 Fla. L. Weekly D305 (Fla. 3d DCA 2018) In Sabido, the Fourth District granted a motion for clarification and denied a motion for reconsideration, to recover attorney’s fees in a foreclosure case. After the trial court entered a final judgment in favor of the lender, the homeowners […]
HSBC v. Buset, 43 Fla. L. Weekly D305 (Fla. 3d DCA 2018) In Buset, the Third District reversed a foreclosure judgment entered in favor of the homeowner, and directed that judgment be entered for the bank. In 2005, the Buset family obtained a loan from Fremont Investment & Loan. The lender packaged the note with […]
Two Island Development Corp. v. Clarke, 2018 WL 522200 (Fla. 3d DCA Jan. 24, 2018) This dispute arose between luxury residential homeowners in Aventura, Florida and the developers of a sixteen-story two-tower condominium building. After the homeowners filed three different lawsuits, the developers filed a lawsuit which the trial court dismissed. Ultimately, the developers appealed […]
DFG Group, LLC. v. Heritage Manor of Memorial Park, Inc., 2018 WL 527013 (Fla. 4th DCA Jan. 24, 2018) In DFG Group, the Fourth District reversed a final judgment awarding attorney’s fees as damages in a lawsuit involving the sale of a cemetery. The owners of Heritage Manor Memorial Park retained a law firm to assist […]
Turner v. Wells, 2018 WL 456955 (11th Cir. 2018) In Turner, the United States Court of Appeals for the Eleventh Circuit, upheld the District Court’s decision to dismiss a defamation case, involving a former coach for the Miami Dolphins. In 2013, Jon Martin, a player for the Miami Dolphins, left the team mid-season and checked […]
Parents have control of the legal decisions regarding their children for the first 18 years of their lives. When a child turns 18, a parent loses the “legal” right to make decisions regarding issues such as health-care, finances, and academics. Many parents do not plan for these changes, but when children head off to college […]
DePrince v. Starboard Cruise Servs., Inc., 2018 WL 443153 (Fla. 3d DCA Jan. 17, 2018) In DePrince, the Third District reversed a trial court decision and remanded the case for a new trial, after the trial court failed to follow the appellate holdings from the first appeal. In the first appeal, the Third District required […]