REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Schiro v. Elliott, Case No. 2D2025-2366( Fla. 2d DCA 2026). Residential property titled in a decedent’ s revocable trust qualifies as protected homestead owned by a natural person, and absent trust language specifically directing sale of the freely devisable homestead, the homestead exemption from forced sale inures to the decedent’ s heirs— including adult children— and protects the property from the claims of estate creditors.
Barrish v. Interiors by Steven G., Inc., Case No. 3D23-1002( Fla. 3d DCA 2026). A consumer’ s dissatisfaction with a contractually disclosed, non – market-based pricing structure and expected markups does not state a FDUTPA or breach of contract claim where the agreement unambiguously permits the challenged pricing and requires only invoice preapproval rather than cost disclosure.
Little v. Bath Kitchen Boutique, LLC, Case No. 3D25-0373( Fla. 3d DCA 2026). A prevailing party may recover attorneys’ fees for work on prejudgment garnishment proceedings under a unilateral contractual fee provision made reciprocal by section 57.105( 7) when the garnishment is ancillary to, and thus“ with respect to,” the underlying contract action.
Aisha Jhaveri, LLC v. Rivas, Case No. 4D2025-0066( Fla. 4th DCA 2026). Piercing the corporate veil to impose personal liability on an individual associated with an LLC requires proof of domination, improper or fraudulent use of the corporate form, and resulting injury, and careless use of similar entity names, isolated commingling, or poor business practices— without evidence of improper purpose or causal connection to the claimed injury— does not satisfy this standard.
Kuehne Nagel, Inc. v. OJ Commerce LLC, Case No. 4D2025-0114( Fla. 4th DCA 2026). A proposal for settlement under section 768.79 is ineffective to create a right to attorneys’ fees where, the contract between the parties specified the law of another state as the applicable law and that law of that foreign state did recognize the proposal for settlement process at the time of service of the proposal.
Engage with the 15 th Circuit Judiciary in a Unique Brown Bag Lunch Setting Every Third Friday of the Month
Hosted by the Palm Beach County Bar Association ' s Judicial Relations Committee
Register for FREE by visiting www. palmbeachbar. org / eventcalendar
Next Meeting: Friday, July 17 th Main Courthouse- Courtroom 9C 205 N Dixie Hwy, West Palm Beach, FL 33401
12:00 P. M.- 1:15 P. M.
CourtCounsel is a free monthly brownbag lunch where attorneys who may not otherwise have spent significant time in the courthouse are able to join 2-3 judges for an informal discussion. The sessions are scheduled from 12:00 P. M.- 1:15 P. M. on the 3rd Friday of every month. A schedule of the different judges from varied Divisions who will be leading each month’ s program will be available on the Bar’ s Judicial Relations Committee webpage, along with the expected courtroom for that month.
Government attorneys and solo or small-firm practitioners are encouraged to attend this informative session. More experienced attorneys are also welcome, as space permits. Registration is limited to 30 attorneys per session. This session will feature " Meet Your New Civil County Court Judges."
The Judges in attendance for this session will be Judge Michael Barnett, Judge Carolyn Bell, and Judge Marci Rex.
For details on this and other bar events, please visit www. palmbeachbar. org / eventcalendar.
Subscribe to the Bar Bulletin for free by scanning the QR code and completing the form. You can also sign up for future issues or browse past editions at www. palmbeachbar. org / bar-bulletin.
PBCBA BAR BULLETIN 25