48 Fla. L. Weekly D261c CED CAPITAL HOLDINGS 2000 EB, LLC, Appellant, v. CTCW-BERKSHIRE CLUB, LLC Appellee. 6th District. Case No. 6D23-1136. L.T. Case No. 2018-CA-013886-O. February 3, 2023. Appeal from the Circuit Court for Orange County. John E. Jordan, Judge. Counsel: Tucker H. Byrd and Scottie N. McPherson, of Byrd Campbell, P.A., Winter Park, Read More »
Articles
Attorney’s fees — Experts — Amount — Excessiveness — Reduction — No error in awarding fees for counsel’s preparation and examination of expert witness who testified at evidentiary hearing about whether hospitality services provided by defendant pursuant to the obligations imposed by an arbitral award met the required standard of amenity — Amount of fees awarded for preparation of order that resulted from evidentiary hearing were not excessive — Trial court did not abuse its discretion by reducing billable hours by a flat twenty-five percent where trial court made sufficient findings supporting reduction
48 Fla. L. Weekly D228b BATH CLUB ENTERTAINMENT, LLC, Appellant, v. THE RESIDENCES AT THE BATH CLUB MAINTENANCE ASSOCIATION, INC., et al., Appellees. 3rd District. Case No. 3D21-2297. L.T. Case No. 13-36250. February 1, 2023. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Counsel: Armstrong Teasdale LLP, and Glen H. Read More »
Jurisdiction — Non-residents — Tortious act in state — Extortion — Computer Fraud and Abuse Act — Dispute over ownership of digital software — Allegations of complaint suggesting that plaintiff is rightful owner of digital software and alleging that defendant has refused to relinquish possession of the digital software without additional payment states cause of action under CFAA and therefore satisfies Florida long-arm statute — Requirements of Due Process Clause are also met because emails that defendant sent into Florida triggered the plaintiff’s claims — Discussion of elements of CFAA claim under § 1030(a)(7)(A), which imposes liability on person who “with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any . . . threat to cause damage to a protected computer” — Threat to cause harm — Plaintiff plausibly alleged that defendant made threats by stating that defendant would turn over all source code and intellectual property to plaintiff only if plaintiff tendered a payment of $1.1 million, without which defendant stated it would not provide passwords or other electronic property — Damage — Because plaintiff cannot access and independently modify its software without passwords, defendant’s refusal to provide those passwords impaired the availability of the software and therefore caused damage — Finally, complaint sufficiently alleged that defendant acted with intent to extort money or other thing of value, transmitted a communication in interstate or foreign commerce, and made alleged threats that would have damaged “a protected computer”
29 Fla. L. Weekly Fed. C2157a SKYHOP TECHNOLOGIES, INC., a Delaware corporation, SKYHOP GLOBAL, LLC, a Florida limited liability company, KRISTINE SCOTTO, an Individual, Plaintiffs-Appellants, v. PRAVEEN NARRA, an Individual, INDYZEN, INC., a California corporation d.b.a. AppDevelopment.com, Inc. d.b.a. Tech.US, Inc, Defendants-Appellees. 11th Circuit. Case No. 21-14051. January 26, 2023. Appeal from the U.S. District Read More »
Wrongful death — Medical malpractice — Hospitals — Vicarious liability — Punitive damages — Amendment of complaint — Trial court erred by granting plaintiff’s motion to amend wrongful death medical malpractice complaint to assert a claim for punitive damages against hospital — Plaintiff failed to satisfy requirements to establish entitlement to assert claim for punitive damages against a corporation where proffered evidence failed to show that the health care providers involved were grossly negligent, and neither the complaint nor the proffered evidence demonstrated how hospital’s actions before or during decedent’s treatment ratified or approved the health care providers’ alleged negligent conduct — Hospital’s post-injury actions cannot constitute evidence of ratification, condonement, or consent sufficient to support vicarious liability for punitive damages
48 Fla. L. Weekly D203a CLEVELAND CLINIC FLORIDA HEALTH SYSTEM NONPROFIT CORPORATION and CLEVELAND CLINIC FLORIDA, Appellants, v. ANDREA S. ORIOLO, as Personal Representative for the ESTATE OF SAVERIO SASSO, Appellee. 4th District. Case No. 4D22-1398. January 25, 2023. Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Read More »
Insurance — Subrogation — Civil procedure — Dismissal — Trial court erred in looking beyond four corners of complaint when determining to dismiss amended subrogation complaint with prejudice on grounds of res judicata, collateral estoppel, and law of the case
48 Fla. L. Weekly D200a UNITED SERVICES AUTOMOBILE ASSOCIATION a/s/o MELANIE MANZO-PIANELLI, Appellant, v. DALLAS AARON ROBINSON, ESQ., as Curator/Administrator Ad Litem of the ESTATE OF NEIL SEIDEN, Appellee. 4th District. Case No. 4D21-2518. January 25, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Keathan B. Frink, Judge; L.T. Case Read More »