Sixth DCA – Florida Lawyer News

A lease’s forum-selection clause doesn’t reach claims about fees paid before the lease existed, Sixth DCA says

A forum-selection clause buried in an equipment lease governs only suits “commenced hereunder” — so it can’t be used to toss a lawsuit over upfront fees the plaintiff paid as a precondition to the deal ever being made. The Sixth District Court of Appeal reversed a dismissal for improper forum. Star Manufacturing Extraction sought financing … Read more

Giving a spouse sole authority to hire a realtor isn’t ‘possession’ of the house, Sixth DCA rules

A family court order letting a wife pick the realtor for the marital home, without her husband’s signature, doesn’t hand her immediate possession of the property — so it can’t be appealed before the case is over, the Sixth District rules.

A lost note with a blank endorsement still needs proof of standing to foreclose, Sixth DCA rules

U.S. Bank won summary judgment foreclosing on an Orange County property using a lost promissory note. The Sixth District reverses, finding a real factual dispute over whether the bank actually had standing to sue.