First to Breach? Not So Fast Navigating Floridas - The Florida Bar Fraud as affirmative defense means that one party to the contract deceived another party into entering into a contract in which the injured party would have not otherwise entered. Successful defenses to enforcement of a personal guaranty in Florida It is inconvenient and disruptive. An affirmative defense is one of the most common types of defenses against a breach-of-contract claim. The third element requires that the breached contractual provision be a dependent covenant. We are your Breach of Warranty Claims and Defenses Lawyers in Florida Buyers deserve to get the ownership, value, and quality that they deserve when making a purchase. Extra-Contractual Damages cannot be Recovered against Property Insurer Absent Bad Faith Claim, In Ruling on Motion to Compel Arbitration, Trial Court Must Determine whether Parties Bound by Arbitration Provision, Recording Documents in Public Records to put Others on Constructive Notice, Proposals for Settlement and Dismissals WITHOUT PREJUDICE, Just because You Recovered an Affirmative Judgment does NOT Mean you Are the Prevailing Party for Purposes of Attorneys Fees, PLEAD SUFFICIENT ALLEGATIONS SUPPORTING PERSONAL JURISDICTION, Pleading the 5th Amendment Right Against Self Incrimination in a Civil Dispute, Owner can Testify as to the Value of His Property, Piercing the Corporate Veil is NO Easy Feat, 3-Step Process to Determine Production of Document under Trade Secret Privilege, Loss of Future Earning Capacity Damages Must be Proven with Reasonable Degree of Certainty, Declaration Cannot Take Away Common Elements in a Condominium, Properly Alleging a Trade Secret Misappropriation Claim under Florida Law. In Florida, the law requires that a seller warrant good title and rightful transfer. Click here for a more detailed description of how I, asan experienced Florida debt attorney, can defend your debt collection lawsuit, credit card lawsuit against our client that violated the statute of limitations and was dismissed, using our convenient website contact form, Plaintiffs failure to attach the contract or other necessary paperwork to the lawsuit complaint, Plaintiffs failure to comply with court rules regarding how they must present their claim and describe, An out-of-state Plaintiffs failure to post the necessary bond with the clerk of the court, Being sued on credit card charges that you did not authorize: if you did not authorize the charges (and are not a co-signer for someone elses account), you are not responsible for the charges, Being sued for late fees, over limit charges, collection fees, attorney fees, court costs and other fees and charges, unless those charges are explicitly allowed under the contract or Florida law. Media Contacts Charles B. Jimerson Managing Partner Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. The defense applies to bar an equitable claim no matter the claims merits when the plaintiff has engaged in some manner of unscrupulous conduct, overreaching, or trickery that would be condemned by honest and reasonable men. . PDF DEFENDANT - The Florida Bar handles contract litigation for business clients across Central Florida. Personal Jurisdiction and Florida Courts Two-Prong Analysis, Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages, Evidentiary Hearing Warranted before Compelling Non-Signatories to Arbitration, Mutual Mistake or Unilateral Mistake in Contract, Employees Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement, Comparative Fault Applies when Substance of the Action is Sounded in Negligence, Work Product Document and Withholding of Documents Based on Doctrine, Nature of Disclosure under Floridas Public Whistleblower Act, Declaratory Relief in Insurance Coverage Dispute, Statute of Limitations Accrual for Breach of Contract, Enforce Settlement Agreement OR Breach of Settlement Agreement, Objecting and/or Refusing to Participate in Employers Activity in Violation of a Law, Rule, or Regulation under Floridas Whistleblower Act, Quick Note: Obtaining a Default Final Judgment, Appealing a Protective Order that Precludes You from Deposing Material Witness, Tortious Interference with Business Relationship and Two Defense Privileges, Possible or Speculative Events do Not Give Rise to Fraudulent Nondisclosure, Prevailing Party in Civil Action Entitled to Recover Costs, Properly Exercising the Right of First Refusal, Reasonable Attorneys Fees Expert when Attorneys Fees are the Damages, Prejudgment Interest for Economic Damages is Predicated on the Loss Theory, Take Advantage of Video Conference Consultations with an Attorney. It is useful for Florida business owners to be aware of some of the common defenses for a breach of contract claim. See e.g., No. In contract actions, set-off must be raised as an affirmative defense and proven at trial (and determined by the trier of fact) or else the defendant waives the right to assert set-off. Contract & Business Jury Instructions - The Florida Bar At times, courts will refuse to enforce contracts because of conditions existing at the time of contracting such as a lack of capacity to contract by one of the parties, defects in the bargaining process resulting from mistake, fraud, duress or unconscionability, or terms in the agreement that make performance illegal or against public policy. Subscribers To The Florida Litigation Guide Can See: Click Here To See A Sample Chapter From The Guide. In Florida, and many jurisdictions, there is an equitable affirmative defense known as unclean hands . Company A and Company B were parties to a contract for Company B to provide 25 classic automo-biles. The waiver of a prior breach claim or defense may be expressed by contract 10 or implied by conduct. Materiality is a question of fact, meaning the issue is decided by e jury (or the judge in a bench trial). 13. I Sued the Wrong Party and Need to Amend the Complaint AFTER the Expiration of the Statute of Limitations, Declaratory Judgment / Relief Considerations, Affidavit Used to Support or Defend Against Summary Judgment, Calculating the Judgment Obtained in Determining Proposals for Settlement, Establishing Punitive Damages Against a Corporation, Premise Liability Claims and Case Example of Slip on Uneven Floors, Discussion on the Difference Between Replacement Cost Value and Fair Market Value, FINANCIAL DISCOVERY FROM EXPERT WITNESSES TO SHOW BIAS, The Bench Trial and Competent Substantial Evidence, Demonstrating the Difficult Burden in PIERCING the Corporate Veil, Vicarious Liability and the Going and Coming Rule, Courts are not Here to Rewrite Bargained for Contractual Provisions, Civil Theft has a Rigorous Burden of Proof, There can be a Winner for Prevailing Party Attorneys Fees when Both Parties Lose, Moving for a Remittitur to Reduce Jurys Verdict, Appealing a Discovery Order Requiring the Production of Work Product, Non-Signatory Compelling Arbitration based on Equitable Estoppel, Procedure Over Substance when it comes to Temporary Injunction Order, Proposals for Settlements and Attaching Releases, Dismissal due to Fraud on the Court Post-Jury Verdict Not Soooooo Fast, Special Venue Rule in Breach of Contract Actions Known as Debtor-Creditor Rule, Do Not Overlook Reviewing the Forum Selection Provision in the Contract, Expert Cannot Serve as Conduit for Inadmissible Evidence / Hearsay, Florida Supreme Court says No! Where a mistake of one party at the time a contract was made as to a basic assumption on which he made the contract has a material effect on the agreed exchange of performances that is adverse to him, the contract is voidable by him if he does not bear the risk of the mistake, and (a) the effect of the mistake is such that performance of the contract would be unconscionable, or (b) the other party had reason to know of the mistake or his fault caused the mistake. Even though excuse for mistake concerns mistaken assumptions about reality at the time of contracting, the mere fortuity that the mistake concerned events occurring after the contract was formed will transform the issues into one of impossibility of performance or frustration of purpose. The fourth element of the prior breach analysis examines whether the party seeking to avail itself of the doctrine waived the ability to do so. If so, the breach of fiduciary duty claim may be dismissed as duplicative. Rescission. However, in addition to denials in your breach of contract suit answer, your answer should likely include affirmative defenses. Another affirmative defense can arise if you reached a settlement agreement with the credit card company and fully performed your obligations under that agreement. Model Form of Verdict for Affirmative DefenseMutual Mistake of Fact, Form 416.28. Affirmative Defenses to Breach of Warranty. Butler v. Yusem, 44 So. Seventh Affirmative Defense 7. Unlike the Florida state court authority on this issue, there are numerous federal District Court opinions supporting the position that a plaintiff asserting a breach of contract claim and declaratory judgment claim in the same action cannot state a "bona fide need" for the declaratory judgment when the breach of contract claim has not been A material breach occurs only when an injured party has sustained a substantial injury due to the breach. Bland v. Freightliner, LLC, 206 F. Supp. Respond with every plausible argument that would prevent damages from being paid to the party who sued. Breach of Contract Defenses | NYC Bar Corp. of DC v. Caylao, 130 So. The amount of damages recoverable for breach of a contract to construct improvements on real property is: . Our Florida breach of warranty defense lawyers serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties. One affirmative defense to breach of contract is lack of legal capacity to contract such infancy and mental incompetence. Arbitrability of a Dispute Does a Judge or Arbitrator Decide? Denoncour v. Barrett's of S.W. Fla., Inc. - casetext.com "hours worked" under the FLSA. The description of a dependent/independent covenant does sound similar to the definition of materiality and some cases treat these requirements interchangeably. Section 300 Evidence Instructions U.S. Bank National Association v. Qadir, 47 Fla.L.Weekly D1564b (Fla. 1st DCA 2022) (citations omitted). 2023 The Florida Bar. PDF Affirmative and Defensive Pleadings in Insurance Coverage and Bad Faith Failure to Produce a Written Contract: Sometimes, the other side can protest that an oral agreement is grounds for a breach of contract. 451 Fiduciary Duty Affirmative defenses are used when a defendant alleges that the plaintiff has engaged in conduct which disqualifies them from being able to obtain relief. See, e.g., Focus Mgmt. 3d at 1309 (quotation omitted) (emphasis added) (There are few principles of contract law better established, or more uniformly acknowledged, than the rule that when a contract not fully performed on either side is continued in spite of a known excuse, the right to rely upon the known excuse is waived.). Duress and undue influence. Actual notice means the seller took an active role in disclosing any third party claim to the buyer prior to the time the contract, or sale, was completed. Personal Injury, Divorce & Criminal Lawyers in Stuart, Delray Beach, Boca Raton, Port St Lucie, Stuart Deerfield Beach West Palm Beach Delray Beach Boca Raton, Commercial Litigation By Tim Nies, Esq. whose name a contract has been made for the benefit of . As a general rule, time is considered to be of the essence where an agreement specifies, or where such may be determined from the nature of the subject matter of the contract, or where treating time as nonessential would produce a hardship, or where notice has been given to the defaulting party requiring that the contract be performed within a stated time, which must be a reasonable time according to the circumstances. Sublime, Inc. v. Boardmans Inc., 849 So. Because breach of warranty is based on a contract between the parties, the defendant can require the plaintiff to do certain things to obtain a remedy. Absent evidence that the new employer induced the former employee to violate his non-compete agreement, merely hiring an employee whom the employer knows to be . This includes more than simply denying legal wrongdoing. Impossibility of performance. With Advantageous Business Relationship, Tortious Interference: 2. 416.4 (Breach of ContractEssential Factual Elements); 416.20 (Interpretation Construction Against Drafter); 416.24 (Breach of Implied Covenant of Good Faith and Fair Dealing); 416.25 (Affirmative DefenseMutual Mistake of Fact); and 416.26 (Affirmative Defense Unilateral Mistake of Fact). Between these two straight forward tenants of business stands a warranty. AFFIRMATIVE DEFENSES 26. See e.g., AVVA-BC, LLC v. Amiel, 25 So. The existence of fraud, mutual mistake, false representation, impossibility of performance, or other ground for rescission or cancellation; Plaintiff has rescinded the contract and notified defendant of such rescission; If the plaintiff has received benefits from the contract, the plaintiff should further allege an offer to restore . This could be a case in a variety of situations. Most of the time, it is pled as an affirmative defense incorrectly. Mistakes can be divided into unilateral or mutual. Misuse of the Declaratory Judgment Act: When Declaratory Judgment The trial attorneys at Van Riper and Nies Attorneys, a Veteran-owned law firm, have successfully represented Florida residents and businesses in breach of contract litigation cases in Broward, Palm Beach, Martin County and St. Lucie counties in Florida. Raising Affirmative Defenses to Fight Breach of Contract Claims Unclean Hands Affirmative Defense - ProveMyFloridaCase.com We're currently offline. Check and see if the claim for breach of fiduciary duty is merely a restated breach of contract claim. 2016) ([T]he general rule is that a material breach of the agreement allows the non-breaching party to treat the breach as a discharge of his contractual liability.); Hamilton v. Suntrust Mortg. ). In Florida, under Rule 1.110 (d) of the Florida Rules of Civil Procedure, the following affirmative defenses to breach of contact must be raised when pleading to a preceding pleading: accord and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, laches, payment release, res It is a hard defense to prevail on because it is akin to fraud: Second, the court shall set-off any amount the plaintiff received from the other two defendants in the judgment the plaintiff receives since it involves the same damage, meaning the set-off would reduce the jury verdict and would be embodied in the final judgment. Company B furnished 23 automobiles and, declaring those . See Focus Mgmt. affirmative defenses to breach of fiduciary duty floridamr patel neurosurgeon cardiff 27 februari, 2023 . The party asserting the defense must also prove three other elements: (1) reliance on the conduct; (2) relation to the litigation; (3) resulting in an injury. Qadir, supra (citation omitted). Specifically, TWC contends that Diverse's claim for breach of contract, as to the 2001 Agreement, is barred by novation Examples of other potential affirmative defenses are: There are also many other affirmative defenses, depending on the type of case. Even where time is declared to be of the essence, delay will not be deemed a material breach unless the clause is clearly applicable to the specific contract requirement at issue. An affirmative defense is a reason given by the defendant for why the plaintiff should not win the lawsuit, even if what the plaintiff says is true. 10. If a defendant denies all plaintiff claims, the plaintiff has the burden of proving their case. Section 700 Closing Instructions An affirmative defense can help you win your lawsuit, even if what the plaintiff says is true. The materiality requirement mandates that the breached contractual duty must be of significant importance. 2d 470, 472 (Fla. 2d DCA 1975) (A time is of the essence provision will be given effect provided it is shown to be clearly applicable to the contract requirement against which it is sought to be applied.). Breach of Third-Party Beneficiary Contract, Breach: 05. Denied. See Taylor v. Genesee & Wyoming, Inc., 2015 WL 12683821 *5 (M.D. In Texas, defendants must assert affirmative defenses in their Answer at the beginning of the case or risk not being able to use them later. Denied. 2d 880, 882 (Fla. 4th DCA 2005) ([A] material breach of the agreement allows the non-breaching party to treat the breach as a discharge of his contract liability.). (See also this, Value of Restrictive Covenant when Moving for Permanent Injunction, Reasonable Attorneys Fee Hearing Does Attorney Need to Testify at Hearing, Word to the Wise: File Your Notice of Appeal TIMELY, Contract is Not Hearsay; It has Independent Legal Significance, Voluntarily Dismissing a Lawsuit that Gives Rise to Attorneys Fees (Oh No! EIGHTH AFFIRMATIVE DEFENSE (Doe/Roe Defendants) 8. 2DO8-1847 (Fla. 2d DCA, February 27, 2009), illustrates an interesting defense to a tortious interference claim. Please contact David Adelstein at [emailprotected] or (954) 361-4720 if you have questions or would like more information regarding this article. PDF. This means that the party was unable to abide by the terms of the contract as the incident made it impossible for the party to do so. Fraud. Affirmative Defenses To Breach Of Contract - KWC Law In order to be successful, the plaintiff must prove all three elements mentioned above. With a Dead Body, Tortious Interference: 4. For more information about our commercial litigation practice call 877-322-5291. See Felgenhauer v. Bonds, 891 So.2d 1043, 1045 (Fla. 2d DCA 2004).. What about tort actions such as negligence actions in disputes involving . There are several defenses to breach of contract under Florida law. What is an Affirmative Defense to Breach of Contract? FLORIDA BUSINESS LITIGATION: GUARANTORS AND AFFIRMATIVE DEFENSES BASED ON UNDERLYING DEBT By Mavrick Law Firm When a guarantor is sued based on an absolute guarantee of a debt, the guarantor may either challenge the validity of the guarantee or show that the guaranteed debt is not owed. 11 in Miami-Dade County, Florida wherein the Defendant hired the Plaintiff as his attorney. 2d 853, 857 (Fla. 1972) (A defendants failure to perform some minor part of his contractual duty cannot be classified as a material or vital breach.). It is asserted, but not really a defense a party can ever prove. Breach of Implied in Fact Contract, Breach: 06. These are called "affirmative defenses." There many affirmative defenses available. Affirmative defenses to breach of contract are facts, which if pleaded and proven by a party, can avoid legal obligation for promises that seem to satisfy the requirements for contact. Call (561) 953-6662. affirmative relief and sue on the basis of any cause of action that may be appropriate in a particular situation. That simply means you reached a new agreement that you fully complied with, and they are not entitled to renege on their deal. Defendant is not legally responsible for the acts and/or omissions of those additional defendants named in the Complaint and/or to be named as Does, or to cross-defendants that may be named as roes in any cross-complaint filed in this action. Account Stated and Open Account Separate Causes of Action 2d 1202, 1210 (M.D. A prior breach defense or claim may be waived by the parties. In Florida, and many jurisdictions, there is an equitable affirmative defense known as unclean hands. In tort actions, set-off is not an affirmative defense to be determined by the trier of fact but is a determination regarding damages to be made by the court after the [jury] verdict is rendered [in a jury trial]. Felgenhauer, 891 So.2d at 1045. Twelfth Affirmative Defense (No Interference) 50. 22. Section 500 Damages Suite 140-E Did You Receive a Copyright Infringement Demand Letter. DEFENSES TO FLORIDA'S CIVIL THEFT STATUTE - Sweeney Law, P.A. 2d 880, 882 (Fla. 4th DCA 2005) ("[A] material breach of the agreement allows the . More Focus and Attention to Each Matter than the Small Firms. Under Florida law, duress is a condition of the mind produced by an improper external pressure or influence that destroys the free agency of a party and causes him to do an act or make a contract not of his own volition. Delray Beach 33444 Extra-Contractual Damages cannot be Recovered against Property Insurer Absent Bad Faith Claim, In Ruling on Motion to Compel Arbitration, Trial Court Must Determine whether Parties Bound by Arbitration Provision, Recording Documents in Public Records to put Others on Constructive Notice, Proposals for Settlement and Dismissals WITHOUT PREJUDICE, Just because You Recovered an Affirmative Judgment does NOT Mean you Are the Prevailing Party for Purposes of Attorneys Fees, PLEAD SUFFICIENT ALLEGATIONS SUPPORTING PERSONAL JURISDICTION, Pleading the 5th Amendment Right Against Self Incrimination in a Civil Dispute, Owner can Testify as to the Value of His Property, Piercing the Corporate Veil is NO Easy Feat, 3-Step Process to Determine Production of Document under Trade Secret Privilege, Loss of Future Earning Capacity Damages Must be Proven with Reasonable Degree of Certainty, Declaration Cannot Take Away Common Elements in a Condominium, Properly Alleging a Trade Secret Misappropriation Claim under Florida Law. . Affirmative Defenses | Texas Law Help The passing of the Statute of Limitations means that the time limit for filing a lawsuit for a breach of contract has expired. What about tort actions such as negligence actions in disputes involving personal injury or property damage? Count I - Breach of Contract The 2001 Agreement [26] TWC raises multiple affirmative defenses, which it argues serve as a bar to Diverse's Claim for breach of the 2001 Agreement. P. 1.110. First, releasing the two defendants prior to trial does not operate as a release of the remaining defendant. A prior breach can also be implicitly waived by the parties conduct. (2) At trial, if any person shows the court that the plaintiff, or his or her legal representative, has delivered a written release or covenant not to sue to any person in partial satisfaction of the damages sued for, (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor. COUNT V QUANTUM MERUIT 23. Rescission - Florida Litigation Guide (2) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on her or his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly. a claim of breach of contract. Consequently, if the time has expired, the pursuing party cannot file a lawsuit as the time for such actions has expired and thus, the claim will be barred. How the Defense of Set-Off Applies - ProveMyFloridaCase.com Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or defense under rule 1.140(b); provided this shall not limit amendments under rule 1.190 even if such ground is . The doctrine of avoidable consequences is an affirmative defense that can be used in certain property damage lawsuits. Under the unclean hands defense, neither party is liable to the other because both parties have unclean hands and committed wrongdoings. Generally, an account stated is "an agreement based upon prior transactions between the parties with respect to the items composing the account, and the balance due, if any, in favor of one of the parties.". ), Equitable Relief: One seeking Equity MUST do Equity, Exculpatory Clauses will be Strictly Construed to Determine Enforceability, Do Yourself a Favor: Get a Court Reporter at that Impactful Hearing, Real Estate Brokers are NOT Immune from Liability, Res Judicata and 4 Requirements that Must be Demonstrated, Writ of Prohibition to Prevent Trial Court from Exceeding Jurisdiction, Directed Verdict Granted where No View of Evidence Could Support Jury Verdict, Petition for Writ of Mandamus Directing Trial Court to Take Action, Considerations: Independent Tort Doctrine and Claim Known as Equitable Accounting, Waiver is a Voluntary Relinquishment of a Known Right that Must be Proven with a Clear Showing, Dismissal Without Prejudice does NOT Trigger Attorneys Fees under Proposal for Settlements, Bert Harris Act and Competing Motions for Summary Judgment, Plaintiff MUST Confer Direct Benefit on Defendant to Prove Unjust Enrichment, You Cannot Intentionally Render Moot a Plaintiffs Lawsuit, Apparent Authority of Agent to Bind Principal, Serving the Civil Remedy Notice (CRN) to Perfect a First-Party Bad Faith Insurance Claim, Breach of Express Contract is Exception to Sovereign Immunity, Moving for and Challenging a Protective Order under the Apex Doctrine, Purchase-and-Sale Contract: Your Right to Modify Them, Premise Liability and Duty Owed to Business Invitees, Recovering Attorneys Fees in Litigating the Amount of Attorneys Fees, Business Interruption due to COVID-19 NOT Covered under Commercial Property Insurance Policy, Foreseeability and the Duty Element of a Negligence Claim, Post-Judgment Receiver Appointed to Collect on Behalf of Judgment Creditor, Reminder: Not Every Breach is a Material Breach of Contract, Adding a Non-Party Fabre Defendant to the Verdict Form, 3-Step Process for Objections to Trade Secrets, Attorneys Fees to Prevailing Party Under FDUTPA Claim are PERMISSIVE, Contractually Disclaiming a Fraud Claim (Possible, but not Easy to do), Floridas Single Publication Rule (and Defamation Claims), Reasonable Time to Accept Settlement Offer (is a Question of Fact), Contingency Fee Multiplier Must Establish the Relevant Market Factor, Business Judgment Rule Designed to Shield Directors from Personal Liability, Ambiguity in Insurance Policy Interpreted in Favor of Insured, Pure Bill of Discovery NOT for Purposes of Fishing Expedition, Partition Action does Not Result in Money Damages Against a Party, Consider Prevailing Party Attorneys Fees before Voluntarily Dismissing Case, Confession of Judgment does Not Start the Clock to File Motion for Attorneys Fees, Quick Note: Motion for Protective Order Reviewed Under Abuse of Discretion Standard of Review, There are NO Magic Buzz Words to Effectuate an Assignment, Presuit Appraisal Requirement under Bert J. Harris Act, Determining whether Lis Pendens Against Property is Appropriate Fair Nexus, Recovering Attorneys Fees Incurred on Partys Behalf, To Pierce Corporate Veil, there Needs to be Sufficient Findings of Improper Conduct, Timely Moving for Trial De Novo after Non-Binding Arbitration Award, Attorneys Fees do Not have to be Quantified in Proposal for Settlement, A Bad Deal does NOT Make It an Unlawful Deal, Dismissal of Complaint (Action under Floridas Public Whistleblower Act) for Failure to State Cause of Action, Duty Element of Negligence Did Defendants Conduct Foreseeably Create Broader Zone of Risk, Trier of Fact Determines Weight of the Evidence, Oops! at 737-38 (emphasis added). The rest of the elements for this cause of action; The citations to the most recent state and federal court cases citing the cause of action. Click here for an example of a credit card lawsuit against our client that violated the statute of limitations and was dismissed. A Misrepresentation is Not the Same as a Breach of Contract, Owner Jointly and Severally Liable for Nondelegable Duty, Corporation Administratively Dissolved for Failing to File Annual Report can Still Prosecute Action, Application of the Non-Party Fabre Defendant, Evidentiary Hearing when Lis Pendens NOT based on Duly Recorded Instrument, Mandatory or Permissive Forum Selection Provision, Limitation on Real Estate Brokers Procuring Cause Doctrine, The Declaration of Condominium Says what It Says, Employer cannot Retaliate against Employee for Workers Compensation Claim, Enforcement of Non-Compete and Non-Solicitation Provision, Absolute Immunity Protects Public Officials from Defamation, The Duty of Care Element in a Negligence Action is a Question of Law, Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent, Deficient Jury Instruction could Amount to Reversible Error, How to Factor a Postoffer Settlement into a Proposal for Settlement Analysis, Refuting Affirmative Defenses in Motion for Summary Judgment.

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