REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Learning Resources, Inc. v. Trump, Case No. 24-1287( U. S. 2026). The International Emergency Economic Powers Act does not delegate Congress’ s Article I power to impose tariffs nor authorization to“ regulate... importation” to the President and cannot support peacetime“ drug trafficking” responses and“ reciprocal” tariffs of unlimited amount and duration.
Villarreal v. Texas, No. 24-557( U. S. 2026). A qualified order that prohibits a testifying defendant and counsel from discussing the defendant’ s ongoing testimony for its own sake during a mid-testimony overnight recess, while allowing consultation on other trial-related matters, does not infringe the defendant’ s Sixth Amendment right to counsel.
In re Amendments to Rules Regulating The Florida Bar Chapter 3, Case No. SC2025- 1180( Fla. 2025). Chapter 3 of the Rules Regulating The Florida Bar is amended to clarify interim suspension and probation terminology, reorganize and refine available disciplinary sanctions including permanent disbarment and disciplinary revocation without readmission, expand waiver and voting provisions in grievance and discipline procedures, and authorize oral waivers of time limits on the record.
XYZ 300, LLC v. City of St. Petersburg, Case No. 2D2025-0674( Fla. 2d DCA 2026). A municipal historic preservation ordinance requiring majority parcel-owner balloting as a prerequisite to historic designation review does not constitute an " initiative " or " referendum " prohibited by Florida Statutes section 163.3167( 8) because the ballot process neither compels legislative action nor constitutes a final vote of registered electors and the City Council retains ultimate quasi-judicial authority over designation decisions.
Cedrus Enterprises Holding SAL v. Jabil,
Inc., Case No. 2D2025-1068( Fla. 2d DCA 2026). A foreign guarantor that executes a joinder and consent to a payment agreement containing a Florida choice-of-law provision and a Pinellas County venue clause consents to personal jurisdiction under Florida Statutes sections 48.193( 1)( a) 9 and 685.102, and the later forum selection clause supersedes a prior nonexclusive Delaware forum provision in the underlying guaranty.
Palma v. Regions Bank, Case No. 3D25-0717( Fla. 3d DCA 2026). A document titled " Release of Lien " that releases specifically described real property from a recorded judgment lien does not extinguish the underlying judgment or effect an accord and satisfaction where the instrument ' s plain language limits its operative scope to the lien on that property and the underlying claim was liquidated and undisputed.
Moskovits v. L. P. Evans Motors WPB, Inc., Case No. 3D25-1028( Fla. 3d DCA 2026). A plaintiff whose lawsuit is stayed pending contractual arbitration bears the burden to initiate the arbitration proceeding, and a defendant ' s failure to commence arbitration does not constitute a " default " warranting removal of the trial court order compelling arbitration.
Washington v. VyStar Credit Union, Case No. 5D2024-0765( Fla. 5th DCA 2026). An account agreement that distinguishes between authorization and payment of signature-based debit card transactions and uses the available balance at the time of payment to determine overdrafts unambiguously permits the credit union to assess overdraft fees when the available balance is insufficient at settlement notwithstanding that sufficient funds existed at the time of authorization.
Burress v. Roots and Fruits Juicery Inc., Case No. 5D2024-1876( Fla. 5th DCA 2026). A movant must independently demonstrate a reasonable evidentiary basis for recovery under the standards and procedure set forth in Florida Statutes section 768.72 and sufficient allegations of fraudulent inducement supporting compensatory damages do not, per se, satisfy the evidentiary and procedural requirements of the statute.
National Equity Recovery Services, Inc. v. Amerifund Equity Group, Case No. 6D2025- 0561( Fla. 6th DCA 2026). An appellant that fails to address on appeal an independent alternative basis for the trial court ' s adverse ruling— here, the appellant ' s failure to appear at a properly noticed hearing— abandons the issue and
PBCBA BAR BULLETIN 21 compels affirmance regardless of the merits of any other challenged ground.
Ansaroff v. Laureles, Case No. 3D24-1995( Fla. 3d DCA 2026). A trial court does not grossly abuse its discretion by vacating a default foreclosure judgment where the defendant promptly moves to vacate upon learning of the judgment and establishes excusable neglect through attorney abandonment, a meritorious defense via proposed answer and affirmative defenses, and due diligence.
KADA 13, LLC v. Georgetown Holdings, Inc., Case No. 3D25-0303( Fla. 3d DCA 2026). Under Florida Statutes Chapter 605 and the operative trust and operating agreements, an individual trustee – manager with independent managerial and conveyance authority may unilaterally transfer the LLC’ s sole real-property asset to a creditor to satisfy a guaranteed debt, notwithstanding later corporate filings or spendthrift-style limitations, where the agreements confer separate authority to act and permit selfinterested but fiduciary transactions.
Dejanovic v. Block, Case No. 3D24-1756( Fla. 3d DCA 2026). Default judgments entered against corporate co-defendants do not collaterally estop a contesting individual owner from disputing the pleaded alter‐ego and liability allegations because corporate separateness precludes using the entities’ technical admissions against the nondefaulting individual defendant and a default of one defendant does not operate as an admission against a contesting codefendant in the same action.
Steinberg v. Cudak, Case No. 4D2025-3061( Fla. 4th DCA 2026). A trial court retains jurisdiction after a plaintiff’ s voluntary dismissal to adjudicate a pending sanctions motion and may declare a party a vexatious litigant and require security under Florida Statutes section 68.093 but may not bar further pro se filings under its inherent authority without first issuing an order to show cause and providing notice and an opportunity to be heard.
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