• Statute of Frauds: doctrine of promissory estoppel is not an exception to Florida’s Statute of FraudsDK Arena, Inc. v. EB Acquisitions I, LLC, No. SC10-897 (Fla. Mar. 28, 2013) (quashing decision of district court of appeal)
  • Confidentiality of Court Records: Florida Supreme Court amended Florida Rule of Judicial Administration 2.420 to eliminate requirement that filer identify which of the subdivision (d)(1)(B) categories applies to the confidential information being filed and to allow for “after-the-fact” notification of confidential information in a court filingIn Re: Amends. to Fla. R. Jud. Admin. 2.420, No. SC11-2466 (Fla. Mar. 28, 2013) (amending Rule 2.420)
  • Reformation: denial of counterclaim seeking to reform contract to adjust purchase price of commercial condominium units after additional unit was added to the contract was not clearly erroneous and was supported by sufficient evidence that parties had agreed to purchase and sale of all available commercial space for a flat price and that actual square footage was not an essential term of parties’ agreement Calypso Developers I, LLC v. Pelican Props. of S. Walton, LLC, No. 1D12-1075 (Fla. 1st DCA Mar. 28, 2013) (affirming final judgment)
  • Lost Instrument: bank failed to meet burden on summary judgment of foreclosure and to re-establish lost note where it failed to file “lost instrument affidavit” proving its right to enforce note—including how bank obtained note and circumstances of its loss—even though borrowers never raised this issue in their pleading Boumarate v. HSBC Bank USA, N.A., No. 5D12-1269 (Fla. 5th DCA Mar. 28, 2013) (reversing summary final judgment)
  • Proceedings Supplementary: judgment holder was entitled to proceedings supplementary based on sufficient motion and supporting affidavit Okaloosa New Opportunity, LLC v. LD Projects, LLC, No. 5D12-3136 (Fla. 5th DCA Mar. 28, 2013) (reversing order denying motion for proceedings supplementary)
  • Escrow Deposit: escrow agent did not breach fiduciary duty and was not grossly negligent for disbursing buyer’s escrowed deposit funds in manner instructed by developer and required by escrow agreement SO5 501, LLC v. Metro-Dade Title Co., No. 3D12-2032 (Fla. 3d DCA Mar. 27, 2013) (affirming final order granting motion for judgment on the pleadings)
  • Mechanic’s Lien: lienor was not required to file notice to owner required by chapter 713, where lienor had signed contract with corporate owner of property and had begun work but corporate owner then transferred property to an affiliated corporation, which was the owner at time suit was filedMarble Unlimited, Inc. v. Weston Real Estate Inv. Corp., No. 4D11-3113 (Fla. 4th DCA Mar. 27, 2013) (reversing order dismissing mechanic’s lien claim)