Monday, June 30, 2014

Copyright infringement, insurance coverage, mortgage foreclosure limitations of actions, and farm-raised duck grilled with lavender honey



Copyrights -- Infringement -- Exclusive right to perform copyrighted work publicly -- Transmit Clause -- Seller of service that allows its subscribers to watch television programs over Internet at about same time as programs are broadcast over the air infringes copyright owners' exclusive right to perform their copyrighted work publicly -- Infringer “perform[s]” copyright owners' works “publicly” as those terms are defined in Transmit Clause of Copyright Act
AMERICAN BROADCASTING COMPANIES, INC., et al., Petitioners v. AEREO, INC., fka BAMBOOM LABS, INC. U.S. Supreme Court.

Forfeiture -- In rem civil forfeiture -- Seizure of substitute assets -- Seizure of bank accounts as substitute assets where no link is established between alleged criminal activity and bank accounts -- Section 932.703(5), Florida Statutes, does not authorize the seizure of substitute assets prior to a forfeiture hearing -- Statute is intended to be used once a forfeiture has been ordered
SATISH B. PATEL, Appellant, v. STATE OF FLORIDA, etc., Appellee. 5th District.

Insurance -- Fire -- Ordinance or law coverage endorsement -- Provision of ordinance or law endorsement which provided that insurer would not pay for increased cost of construction due to enforcement of ordinance or law unless repairs or replacement are made within two years after loss was a forfeiture provision, and was waived by insurer -- Insurer waived the provision by failing to bring the provision to insured's attention despite knowing that insured expected the entire claim to be paid and by continuing to adjust the entire claim after the two-year period expired
AXIS SURPLUS INSURANCE COMPANY f/k/a SHEFFIELD INSURANCE CORPORATION, Appellant/Cross-Appellee, v. CARIBBEAN BEACH CLUB ASSOCIATION, INC., Appellee/Cross-Appellant. 2nd District.

Mortgage foreclosure -- Limitation of actions -- Trial court properly dismissed complaint to cancel mortgages which alleged the statute of limitations had run on their enforcement since the time mortgagee had originally filed suit to foreclose for default, and during which time mortgagee voluntarily dismissed foreclosure complaint -- Each payment default that is less than five years old still creates a basis for a subsequent foreclosure action; hence, the note and mortgage remain a valid and enforceable lien -- Voluntary dismissal was not an adjudication on the merits and therefore will not support a claim of res judicata
EVERGRENE PARTNERS, INC., Appellant, v. CITIBANK, N.A., as Trustee, JPMORGAN CLEARING CORP., AS SUCCESSOR IN INTEREST TO BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION, JPMORGAN CHASE & CO., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellees. 4th District.

Mortgage foreclosure -- Standing -- Claim that mortgagee failed to prove standing due to an undated endorsement on the note -- Unavailable transcript -- Because a transcript of the proceedings is not available for review, and witnesses may well have testified at the non-jury trial that the note was acquired by mortgagee prior to institution of the suit, trial court is entitled to presumption of correctness in its entry of final judgment of foreclosure -- Civil procedure -- No merit to claim case was not properly set for trial as case was at issue and trial court provided proper notice of its sua sponte setting the case for trial -- Nothing in the record shows mortgagor objected to trial court's setting the case for trial; hence, even if meritorious, the issue was not preserved
WINSTON MUHAMMAD and JANET MUHAMMAD, Appellants, v. BAC HOME LOANS SERVICING, LP, Appellee. 4th District.

Real property -- Bert J. Harris, Jr., Private Property Rights Protection Act -- Settlement agreement -- Trial court was without jurisdiction to review and approve settlement agreement which was entered into more than four years after property owners had filed suit seeking compensation under Bert Harris Act -- Settlement agreement did not comply with presuit settlement timeline set forth in statute, and presuit settlement procedures were not available to parties at time they entered into agreement
COLLIER COUNTY, a political subdivision of the State of Florida, Appellant, v. FRANCIS D. HUSSEY, JR., and MARY P. HUSSEY, husband and wife; WINCHESTER LAKES CORPORATION; THE HONORABLE RICK SCOTT, Governor of the State of Florida; and FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; FLORIDA WILDLIFE FEDERATION; and COLLIER COUNTY AUDUBON SOCIETY, INC., Appellees. 2nd District.



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