REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Havana Docks Corp. v. Royal Caribbean Cruises, Ltd., Case No. 24-983( 2026). A defendant is liable Under Title III of the Cuban Liberty and Democratic Solidarity Act for trafficking in " property which was confiscated by the Cuban Government " when it uses the physical property to which a United States national owns a claim, and the plaintiff need not prove that the defendant ' s conduct would have interfered with a property interest that would still exist in a counterfactual world without confiscation.
Tejon v. Zeus Networks, LLC, Case No. 24- 11114( 11th Cir. 2026). A“ browsewrap” arbitration clause on a consumer subscription webpage binds a user under Florida law only if the hyperlinked terms are displayed with design features sufficiently conspicuous to place a reasonably prudent internet user on inquiry notice of the terms, including consent to arbitration for resolution of disputes.
Great Bowery Inc. v. Consequence Sound
LLC, Case No. 24-12482( 11th Cir. 2026). A copyright infringement plaintiff must prove that it is a legal or beneficial owner of an exclusive right under 17 U. S. C. § 106, and a non-party defendant may contest whether any such exclusive right was actually transferred despite the absence of a dispute between transferor and transferee.
Declan Flight, Inc. v. Textron eAviation,
Inc., Case No. 24-10913( 11th Cir. 2026). Federal common law, including whether dismissal for forum non conveniens is appropriate, governs after it is determined that a forum-selection clause is valid and enforceable.
In re Amendments to Florida Rule of General Practice and Judicial Administration 2.515, Case No. SC2026-0673( Fla. 2026). The Florida Supreme Court amends Florida Rule of General Practice and Judicial Administration 2.515( d)( 2) to require each signer to represent that the legal authorities identified in a filing exist and are accurately cited, and expressly authorizes sanctions— including reprimand, contempt, striking of the document, dismissal, costs, and attorneys’ fees— for any filing inconsistent with that representation.
Kwartin v. Miami Beach Townhomes Condominium Association, Inc., Case No. 3D25-0288( Fla. 3d DCA 2026). A condominium lien foreclosure judgment is prematurely entered when it liquidates the amount due and orders a sale while legally interrelated affirmative defenses and counterclaims, including tender of payments and fraud which are supported by affidavit, remain unresolved.
San Juan v. FAM Productions, LLC, Case No. 3D25-0633( Fla. 3d DCA 2026). Successive promissory notes that expressly provide each new loan“ replaced, cancelled and superseded” the prior note limit the lender’ s claim to the final note against the named borrower.
12170 CWELT-2007 LLC v. Green Tree Servicing, LLC, Case No. 4D2024-1907( Fla. 4th DCA 2026). A LLC’ s motion for reconsideration filed after the 30‐day period set forth in Florida Rule of General Practice and Judicial Administration 2.330 is untimely, and therefore legally insufficient, an renders any error in holding a non‐evidentiary hearing without corporate counsel harmless as a trial court may deny a legally insufficient motion on the written submissions alone.
Ontario Wound Management, LLC v. Legacy Medical Consultants, L. P., Case No. 3D26-0280( Fla. 3d DCA 2026). A party may seek discovery of confidential bank records when the requested financial information is reasonably calculated to lead to admissible evidence and directly relates to tracing funds placed at issue by the pleadings and defenses.
Mineo v. Do, Case No. 4D24-3192( Fla. 4th DCA 2026). A homeowners’ association member suing another member under Florida Statute section 720.305 must comply with the derivative-action prerequisites in section 617.07401 when the alleged injury is common to all association members rather than personal and distinct.
McDowell v. Moore, Case No. 4D23-2783( Fla. 4th DCA 2026). A commission provision that leaves essential terms such as rate, calculation method, scope of covered sales, and duration for future agreement constitutes an unenforceable agreement to agree and cannot support a breach of contract claim.
Fuller v. HCA Florida JFK North Hospital, Case No. 4D25-1976( Fla. 4th DCA 2026). Appellants, including pro se parties, who fail to present coherent arguments, material facts, and supporting authority in their initial brief abandon those issues and compel affirmance.
Pantoja v. Bank of New York Mellon, Case No. 4D24-2894( Fla. 4th DCA 2026). Failure to file admitted trial exhibits with the clerk, standing alone and uncoupled from a substantive or procedural challenge, does not provide an independent ground for appellate relief because it constitutes at most a correctable clerical omission.
Fuller v. HCA Florida JFK North Hospital, Case No. 4D25-1976( Fla. 4th DCA 2026). Appellants, including pro se parties, who fail to present coherent arguments, material facts, and supporting authority in their initial brief abandon those issues and compel affirmance.
Pantoja v. Bank of New York Mellon, Case No. 4D24-2894( Fla. 4th DCA 2026). Failure to file admitted trial exhibits with the clerk, standing alone and uncoupled from a substantive or procedural challenge, does not provide an independent ground for appellate relief because it constitutes at most a correctable clerical omission.
ShipJoy, LLC v. SVES, LLC, Case No. 3D25- 0808( Fla. 3d DCA 2026). Florida Statutes section 60.07 awards damages for dissolution of an injunction but " presupposes the existence of a bond " so damages for a wrongfully entered temporary injunction are not recoverable if the injunction was without bond and the exceptions to requiring a bond do not exist.
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PBCBA BAR BULLETIN 23