Friday, December 27, 2013



The Third District, like UPS and FEDEX, was delayed until after Christmas to publish their opinions--until Thursday the 26th, but no one is complaining about the Third.


Bull Motors, LLC v. Borders, 2013 Fla. App. LEXIS 20336 (Fla. 3d DCA Dec. 26, 2013) affirmed an award of $62,000.00 in attorney’s fees and costs in a consumer arbitration case in which Borders was awarded $5,626.00.  The arbitrator found that Bull Motors dba Maroone had violated the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and that Borders was the prevailing party, a proper finding as Maroone did not assert any affirmative claims. “There is no express requirement of proportionality between the amount of the FDUTPA judgment and the attorney’s fees and costs incurred in obtaining that judgment.
“Maroone’s second argument is also unpersuasive. Maroone’s offers of judgment addressed Ms. Borders’ claim for equitable relief as well as her claims for damages. The offer of judgment statute, section 768.79, Florida Statutes (2007), does not apply to cases that, as here, involve a general offer seeking release of all claims in the case, both equitable and monetary.” 


Chase Fin. Servs., LLC v. Edelsberg, 2013 Fla. App. LEXIS 20337 (Fla. 3d DCA Dec. 26, 2013) reversed an order setting aside a foreclosure sale despite factual findings by the trial court in support of its decision.  The court reviewed the objections raised by the owner and the transcript of the hearing and determined that the first one was proved to be untrue. The second objection amounted to no more than a failure to act diligently.


Fed. Contr., Inc. v. Bimini Shipping, LLC, 2013 Fla. App. LEXIS 19975 (Fla. 3d DCA Dec. 18, 2013) reversed an order dismissing a complaint to compel arbitration because the suit was barred by the one-year statute of limitations for such actions provided in the Carriage of Goods by Sea Act, 46 U.S.C. app. § 1303 ("COGSA"), even though appellant had argued that the limitations period defense had to be decided by an arbitrator under the broad arbitration clause.  The issue of timeliness should have been decided by the arbitrator.


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