Music Royalty Consulting, Inc. v. American Society of Composers, Authors and Publishers

• Court: District Court of Appeal of Florida
• Decided: February 26, 2025
• Docket: 3D2024-0024
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 26, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0024 Lower Tribunal No. 18-16792 ________________

Music Royalty Consulting, Inc., Appellant,

vs.

American Society of Composers, Authors and Publishers, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge.

Shahady & Wurtenberger, P.A., and John J. Shahady (Fort Lauderdale), for appellant.

Holland & Knight LLP, and Rebecca M. Plasencia, for appellee.

Before LINDSEY, BOKOR and GOODEN, JJ.

PER CURIAM. Affirmed. See Engelke v. Logan, 392 So. 3d 254, 260 (Fla. 2d DCA

2024) (holding that claim for declaratory judgment accrued when plaintiff

became aware that parties’ interests under oral contract became adverse);

see also Sutton Enters., Ltd. v. Santa Clara Constr. Co., 767 So. 2d 547, 549

(Fla. 3d DCA 2000) (“A person [or business entity] has no right to shut his

eyes or ears to information, and then say that he has no notice. The law will

not permit him to remain wilfully ignorant of a thing readily ascertainable by

whatever party puts him on inquiry, when the means of knowledge is at

hand.” (quotations omitted)).