Wednesday, December 26, 2012

3d DCA -- Christmas Hangover Edition.



I don't know about you, but that was some good Chinese yesterday!

For those few of you still laboring during the break between Christmas and New Year's Eve, have no fear:  the bunker is here, bringing good cheer, wishing you a happy New Year, Happy Gilmore is in my ear:

13 Parcels v. Laquer:

Filing a motion to transfer one case to another in the civil division does not waive arbitration, especially when you note same in your motion:
As we have previously held, “[t]here is . . . a strong public policy favoring arbitration. ‘All questions concerning the scope or waiver of the right to arbitrate under contracts should be resolved in favor of arbitration rather than against it.’” Zager Plumbing, Inc. v. JPI Nat’l Constr., Inc., 785 So. 2d 660, 662 (Fla. 3d DCA 2001) (internal citations omitted). The appellants filed their demand for arbitration before filing their motion to transfer. Moreover, the motion to transfer, while specifically referencing the Iberia Lawsuits, did so, on its face, to advise the trial court of the pending demand for arbitration and for the logical purpose of ensuring that in the event the pending litigation cases were transferred to the same division, any potential arbitration award be adopted by trial judge ultimately presiding over the other cases. This is simply insufficient to constitute a waiver of the right to arbitrate.
Vorbeck v. Betancourt:

"Pure" bills of discovery still exist, barely.

Universal Music v. Montaner:

Judge Schwartz reverses Judge Langer on personal jurisdiction:
Although it is admitted that the defendant-appellant, Universal Music Venezuela, S.A., has no agents or employees and does no business itself in Florida, the plaintiff claims, and the trial judge apparently agreed, that personal jurisdiction may be asserted against it here because of the activities of an affiliated, but entirely separate corporation, Universal Music Latino, which, under a contract with the appellant, does distribute its products in this state. Because, however, there is no evidence that the appellant in any way controlled or directed the operations of Universal Music Latino, this claim may not be sustained.
Chase v. Sosa:

Judge Shepherd reverse Judge Caballero who had vacated a foreclosure sale and gently chastises her:
We have no doubt the trial court’s motivation in reaching its decision was inspired by benevolence and compassion for the family. We also are mindful that in equity jurisdiction there is some play in the joints. John Crescent, Inc., 382 So. 2d at 386. However, as we recently have said, “[a] trial court is not free to refuse to follow the law because of some personal disinclination or otherwise.”
Excessive empathy?

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