• Relation Back: new cause of action that was different and distinct from that which was originally pled could not, as a matter of law, relate back for purposes of the statute of limitations Kopel v. Kopel, No. 3D11-536 (Fla. 3d DCA Mar. 20, 2013) (reversing final judgment entered for appellee)
  • Unjust Enrichment: investment of money in jointly-held corporation was only indirect benefit to individual defendant and, thus, would not support unjust enrichment claim – Kopel v. Kopel, No. 3D11-536 (Fla. 3d DCA Mar. 20, 2013) (reversing final judgment entered for appellee)
  • Supersedeas Bond: purchaser at foreclosure sale was entitled to interest from supersedeas bond posted by challenger for delay caused by challenger’s motion to vacate final judgment of foreclosure pursuant to Fla. R. App. P. 9.310, but not for delay caused by challenger’s objections to sale pursuant to F.S. § 45.031(8) South Beach Mortg. & Inv. Corp. v. Levine, No. 3D11-3207 (Fla. 3d DCA Mar. 20, 2013) (reversing and remanding with instructions)
  • Default Judgment: final default judgment entered in favor of borrower after bank failed to respond to borrower’s breach of contract counterclaim—which declared promissory note to be unenforceable—was void because cancellation is not a proper remedy for breach of contract in the absence of fraud, mistake, undue influence, or other equitable groundsBank of New York Mellon v. Reyes, No. 3D12-1900 (Fla. 3d DCA Mar. 20, 2013) (vacating default final judgment and remanding for determination of damages)