Arbitration Clause of a Loan Agreement Containing a Class Action Waiver – Not Void as Being Against Public Policy
Baldwin v. Regions Financial Corp., — So.3d —-, 2012 WL 4094147 (Fla. 3d DCA 2012) On September 19, 2012, the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement containing a class action waiver was not void as being against public policy despite the argument […]
Arbitration Clause of a Loan Agreement Containing a Class Action Waiver – Not Void as Being Against Public Policy
Baldwin v. Regions Financial Corp., — So.3d —-, 2012 WL 4094147 (Fla. 3d DCA 2012) On September 19, 2012, the Third District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement containing a class action waiver was not void as being against public policy despite the […]
Appealability of a Summary Judgment Denial after Verdict and Judgment
Is a denial of a summary judgment appealable after verdict and judgment? The Fourth District Court of Appeal answered this question affirmatively in a recent decision and clarified the operative rules in Dr. Tim Ioannides, et al. v. Dr. Richard A. Romagosa, No. 4D10-4670 (Fla. 4th DCA, July 11, 2012). Ioannides involved a breach […]
The Importance of The Listing Agreement and a Broker’s Right to Commission
A broker’s right to a commission is controlled, in the final analysis, by the provisions of the employment (“listing”) agreement with the owner. In some listing agreements, a broker is hired to find a purchaser. In other listing agreements, a broker is hired to effectuate a sale. The listing agreement controls whether or not the […]
Choice-of-Law Analysis in Litigation
A choice-of-law clause in a contract is a provision that designates the law that will govern any disputes between the contracting parties. Including a choice-of-law clause in a contract where parties are located in different states, or even different countries, can minimize the uncertainty associated with any potential litigation with respect to the contract, and […]
Exclusion from Negotiations and Procuring Cause
A broker who is the procuring cause is entitled to a commission. A seller and buyer may not deny the broker’s status as procuring cause by excluding the broker from negotiations. In order for the broker to be the procuring cause, the buyer and seller must come to a meeting of the minds regarding the […]
Listing Agreements and Procuring Cause
A seller has the ability to limit a broker’s entitlement to a commission. Unless a seller and a broker have a “special contract,” the broker is entitled to a commission if the broker is the procuring cause. See Siegel v. Landquest, Inc., 761 So.2d 415, 416-17 (Fla. 5th DCA 2000). In order for the broker […]
Class Action Certification Under FDUTPA
Miami Auto. Retail, Inc. v. Christine F. Baldwin, No. 3D10-2136 (Fla. 3d DCA June 27, 2012) This case came up on appeal from an order certifying a class of automobile buyers who traded in a vehicle at Miami Auto Retail, also known as Brickell Honda. In the underlying case the plaintiff, Christine Baldwin, purchased a […]
The Law of Procuring Cause – Introduction
BROKER’S COMMISSIONS AND PROCURING CAUSE A real estate broker is entitled to a commission if there is a brokerage agreement or if the broker is the “procuring cause.” Procuring cause is a method to entitle a broker to a commission if certain conditions are fulfilled. See Allenby & Associates, Inc. v. Crown St. Vincent, Ltd., […]
Amendments to Florida Rules
SERVICE OF PLEADINGS, ORDERS AND DOCUMENTS BY E-MAIL – AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION AND FLORIDA RULES OF CIVIL PROCEDURE On June 21, 2012 (original opinion issued June 21, 2012 followed by a correction opinion filed June 26, 2012), the Florida Supreme Court adopted new rules within the Florida Rules of Judicial […]
