REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Enbridge Energy, LP v. Nessel, Case No. 24- 783( 2026). The 30-day removal deadline in 28 U. S. C. § 1446( b)( 1) is not subject to equitable tolling because the text, structure, and context of the removal statute demonstrate that Congress did not intend such tolling to apply.
Anderson v. City of Atlanta, Case No. 24- 13509( 11th Cir. 2026). The distinction between on‐premises and off‐premises“ general advertising” signs in subsection 7 of Atlanta’ s 1982 sign code constitutes a content‐neutral regulation of speech subject to intermediate scrutiny, not a content‐based restriction triggering strict scrutiny under the First Amendment.
Joyce v. Forest River, Inc., Case No. 24- 12819( 11th Cir. 2026). The presumptions in Florida Statute section 681.104( 3)( Florida’ s Lemon Law) of“ reasonable number of attempts” to repair are permissive evidentiary presumptions and not mandatory prerequisites to a consumer’ s entitlement to relief so a consumer may prove a reasonable number of repair attempts without satisfying the statutory presumptions.
The Lane Construction Corp. v. Skanska USA Civil Southeast, Inc., Case No. 24- 12638( 11th Cir. 2026). A joint‐venture partner that refuses to fund contractually required capital calls materially breaches the joint‐venture agreement notwithstanding alleged fiduciary‐duty breaches by the managing partner, and the non‐breaching partners are contractually entitled to indemnity and prejudgment interest for having paid more than their proportionate shares.
AE Opco III, LLC v. AAR Corp.( In re AE OpCo III, LLC), Case No. 25-11348( 11th Cir. 2026). Section 502( e)( 1)( B) of the Bankruptcy Code requires disallowance of a creditor’ s contingent reimbursement claim when the creditor is co‐liable with the debtor to a third party but does not bar a fixed indemnity claim for already‐incurred defense costs.
In re: Amendments to Rules Regulating The Florida Bar – Substance Use Terminology, Case No. SC2025-1172( Fla. 2026). The Florida Supreme Court approves Florida Bar rule amendments effective June 15, 2026 which update terminology to“ substance use disorder” instead of“ chemical dependency” and“ mental health conditions” instead of“ psychological problems,” expand bylaw 2-3.2( d)( 11) to authorize a program for“ enhanced opportunities and participation in the profession,” and clarify in bylaw 2-9.11 that funding for substance use and mental health assistance programs must comply with Standing Board Policy restrictions applicable to mandatory and voluntary Bar groups.
In re Amendments to Florida Rules of Appellate Procedure, Case No. SC2025- 1458( Fla. 2026). The Florida Supreme Court adopts proposed rule amendments to Florida Rules of Appellate Procedure 9.020, 9.045, 9.200, and 9.420 effective July 1, 2026to conform to recent changes to the Florida Rules of General Practice and Judicial Administration.
Caballero-Quinones v. Polk County Sheriff, Case No. 2D23-4106( Fla. 6th DCA 2025). An appellate court may not apply Florida Statutes section 90.403 as a“ tipsy coachman” ground for affirming exclusion of evidence when the trial court never conducted a 403 balancing analysis.
La Minnesota Riviera, LLC v. Riviera Golf Estates Homeowners Ass’ n, Inc., Case No. 6D25-0443( Fla. 6th DCA 2026). A decades‐old use restriction requiring property to operate as a golf course is extinguished under Florida’ s Marketable Record Title Act when it is not preserved in any muniment of title after the root of title, and a separately recorded affidavit referencing the old deed restriction but not carrying or passing title is not itself a“ muniment of title” capable of preserving the restriction.
Rickert v. Valencia, Case No. 2D24-2126( Fla. 6th DCA 2026). A residential landlord in an RV park is entitled to an immediate default and final judgment of possession under Florida Statutes section 83.60( 2) when tenants do not pay rent into the court registry“ when due” as alleged in the complaint, and the trial court errs by setting aside such a judgment based on an untimely registry payment and on unsworn assertions about the applicability of the Mobile Home Act.
Virgin v. Frexes, Case Nos. 3D24-1399, 3D24-1400 & 3D24-1402( Fla. 3d DCA 2026). A client may discharge a referral attorney at any time, with or without cause and without an express release of joint responsibility, and a referral attorney so discharged is limited to modified quantum meruit for the reasonable value of services rendered before discharge, capped at the maximum contract fee, and so long as the fee is within the scope of the representation agreement.
Berman Construction & Development, Inc. v. Carnaval Home, LLC, Case No. 4D2024- 2174( Fla. 4th DCA 2026). A trial court reversibly errs by refusing to submit a requested verdict-form interrogatory on a contractually based affirmative defense supported by the evidence such as a risk-of-loss provision allocating loss from perils beyond the contractor ' s control to the owner.
South Dade Dealership, LLC v. Line 5 LLC, Case No. 4D2024-2150( Fla. 4th DCA 2026). Notwithstanding overlapping personnel and intercompany financial transactions, piercing the corporate veil under alter ego or mere continuation theories is not supported by competent substantial evidence where the two limited liability companies maintained separate ownership, separate operations, and independent corporate existence.
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PBCBA BAR BULLETIN 19