REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Wynne Building Corp. v. Spanish Lakes Country Club Village Homeowner’ s Ass’ n,
Inc., Case No. 4D2025-2169( Fla. 4th DCA 2026). Florida Rule of Civil Procedure 1.222 authorizes a single mobile homeowners’ association to maintain a class action on behalf of its own members but does not permit multiple associations to aggregate their memberships into one“ class of classes” under that rule, but the trial court maintains broad discretion to join or consolidate distinct properly certified Rule 1.222 class actions.
McBride v. Keller, Case No. 5D2025-1397( Fla. 5th DCA 2026). A trial court lacks jurisdiction under Florida Rules of Appellate Procedure 9.130( f) and 9.340( a) to render a final order dismissing a complaint with prejudice on the same day an interlocutory appeal is dismissed because jurisdiction is not restored until issuance of the appellate mandate.
Hannah v. Malkani, Case No. 6D2023-1983( Fla. 6th DCA 2026). On rehearing, the court adheres to its prior decision in Melrose that an appellant’ s collateral-estoppel and res judicata arguments raised for the first time in a motion for rehearing directed to an order granting summary judgment are unpreserved and certifies conflict with Fifth District authority permitting preservation of new arguments first raised on rehearing.
Ouedraogo v. Walmart Stores East, LP, Case No. 1D2023-1238( Fla. 1st DCA 2026). Evidence that a banana peel remained on the floor for almost eight minutes in close proximity to employees, including one who walked directly past it, establishes a triable issue of constructive knowledge under Florida Statutes section 768.0755( 1)( a) and precludes summary judgment for the premises owner.
T. Michael Glenn Trust v. Walton County, Case Nos. 1D2024-0682, 1D2024-0720, 1D2024-0748( Fla. 1st DCA 2026). Repeal of Florida Statutes section 163.035 nullified a prior circuit court judgment establishing recreational customary use and eliminated any cognizable, nonspeculative harm, thereby defeating certiorari jurisdiction and requiring dismissal of the petition.
Broadmoor Enterprises, LLC v. Super Heat and Air, LLC, Case No. 2D2023-1866( Fla. 2d DCA 2026). A commercial lease’ s broad subordination clause unambiguously subordinates the tenant’ s purchase option and all leasehold rights to any current or future mortgages of the owner and its successors, requiring the tenant to take title subject to the laterrecorded mortgage, and post judgment relief must conform to the final judgment’ s unchallenged description of the parcels covered by the option.
The Chetrit Group, LLC v. EquiShares, Inc., Case No. 3D25-1964( Fla. 3d DCA 2026). Communications by an attorney who jointly represented two parties in forming a joint venture concern a matter of common interest and Florida Statutes section 90.502( 4)( e) applies to those communications and excludes protection of the attorney-client privilege in subsequent litigation between the coclients.
Westgate & Wabasso Corp. v. Word of Faith Community Development Corp., Case No. 4D2025-0506( Fla. 4th DCA 2026). Part I of Florida Statutes Chapter 83 concerns non-residential leases and imposes no statutory notice, timing, or interest requirements on a landlord’ s application of a security deposit thus the parties’ lease controls and permits the landlord to apply the deposit to unpaid rent without paying interest.
JM Properties of W. Palm Beach, Inc. v. Fort Dallas Truss Co., LLC, Case No. 4D2024- 1593( Fla. 4th DCA 2026). A supplier that contracts only to design, manufacture, and deliver trusses without performing installation qualifies as a“ materialman” under Florida Statutes section 713.01( 20) and may recover contract damages but may not enforce a construction lien absent evidence of an“ improvement” conferring a permanent benefit under section 713.01( 15).
Hi-Land Properties, LLC v. Gantt, Case No. 4D2025-1354( Fla. 4th DCA 2026). Recognition of a successor’ s claimed 75 % ownership in a partition action is required when recorded personal representative’ s releases satisfy Florida Statue section 689.01( followed by warranty deeds from the devisees) reflect operation-of-law vesting and establish a prima facie chain
PBCBA BAR BULLETIN 22 of title to the decedent’ s undivided interest without a court order under section Florida Statutes 733.613( 1).
Baker v. Yokell, Case No. 5D2024-2015( Fla. 5th DCA 2026). An oral assertion by pro se defendants that the plaintiff’ s case is“ insufficient,” prompted and developed by the trial judge, does not satisfy Florida Rule of Civil Procedure 1.480( a)’ s requirement that a motion for directed verdict state specific grounds, and judicial advocacy on behalf of pro se litigants that disadvantages a represented party violates neutrality principles and warrants a new trial before a different judge.
Sheik Island Farm, Inc. v. Covington Farm, Inc., Case No. 2D2025-0151( Fla. 2d DCA 2026). The Florida Right to Farm Act and section 604.50 do not confer nuisance immunity or building-code exemption upon a wedding and events venue which does not produce farm products.
Sandalwood 7160, LLC v. Estevez, Case No. 3D24-2110( Fla. 3d DCA 2026). Florida Statutes section 48.23( 4) requires automatic tolling of the expiration period of a lis pendens when a notice of appeal is filed before the lis pendens expires, and that tolling is not subject to trial court discretion during the pendency of the appeal.
David v. Gov’ t Employees Ins. Co., Case No. 4D2024-2441( Fla. 4th DCA 2026). An immaterial amendment to a final judgment does not restart the thirty-day jurisdictional deadline for filing a notice of appeal under rule 9.110( b), rendering an appeal filed more than thirty days after rendition of the original judgment untimely.
Crecelius v. Rizzitano, Case No. 6D2024- 2217( Fla. 6th DCA 2026)( en banc). Binger v. King Pest Control does not obligate a trial court to find prejudice before enforcing a case management or pretrial order that prospectively bars undisclosed or untimely disclosed witnesses or expert opinions, and trial courts retain broad discretion to enforce such orders according to their terms. Conflict certified with opinions of numerous district courts of appeal.