REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Berk v. Choy, Case No. 24-440( 2026). Rule 8 of the Federal Rules of Civil Procedure displaces Delaware’ s medicalmalpractice affidavit-of-merit requirement in federal diversity actions, so failure to file a state-law required affidavit cannot justify dismissal of a complaint that otherwise states a plausible claim for relief.
In re The Renco Group Inc. & The Doe Run Resources Corp., Case No. 24-13266, No. 24- 13266( 11th Cir. 2026). A law firm asserting attorney-client privilege or work-product protection in a 28 U. S. C. § 1782( assistance to foreign and international tribunals and to litigants before such tribunals) proceeding must substantiate the claim on a document-bydocument basis with an adequate privilege log and supporting evidence, and deficient, categorical assertions for mixed sets of documents forfeit protection even after production because meaningful relief remains available.
SEC v. Spartan Securities Group, Ltd., Case No. 22-13129( 11th Cir. 2026). Expert witness with forty years of securities regulation experience, including service as NASDAQ chief regulatory officer and oversight of hundreds of NASD microcap fraud investigations involving transfer agents, possesses sufficient qualifications and reliability under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579( 1993), to testify regarding transfer agent practices and their role in facilitating securities fraud, notwithstanding absence of peer-reviewed publications or formal academic credentials specific to transfer agent operations.
In re Amendments to Florida Rules of Civil Procedure 1.350 and 1.370, Case No. SC2024- 0779( Fla. 2026). Amendments to Florida Rules of Civil Procedure 1.350 and 1.370 effective April 1, 2026 require requests for production and requests for admission and responses thereto to be served on all parties in the case.
In re Amendments to Florida Rules of Civil Procedure 1.070, 1.430, and Form 1.902, Case No. SC2025-0582( Fla. 2026). Amendments to Florida Rules of Civil Procedure 1.070 and 1.430 effective April 1, 2026 expand waiver of service methods to include registered mail as defined by Florida Statutes section 1.01 and require demands for jury trial to be filed rather than merely served.
Dascal v. In re Dascal, Case No. 3D24-0733( Fla. 3d DCA 2026). Florida Statutes section 736.08135( 2)( c) requires trust accountings to identify and value trust assets to the extent feasible but does not mandate valuation when not reasonably capable of valuation.
Capuzzo v. Joch, Case No. 3D25-0632( Fla. 3d DCA 2026). A residential lease exceeding one year executed in January 2020 without two subscribing witnesses violates section Florida Statutes 689.01( 1)( 2019) and is unenforceable.
Carmona Realty Group v. Fernandez, Case No. 3D24-2164( Fla. 3d DCA 2026). A broker earns a commission after procuring a willing, ready, and able purchaser at the listing price and terms; unsigned " Instructions to other agents " lack of consideration and constitute neither a valid contract for nor a modification of the exclusive listing agreement absent written amendment signed by broker as required by Florida Statutes section 725.01. Moreover, the merger doctrine demands mutual reference between instruments before merger or incorporation can occur.
Beck v. North Broward Hospital District, Case No. 4D2024-1814( Fla. 4th DCA 2026). Informational notices required by statute do not create express written contracts sufficient to waive sovereign immunity under Pan-Am Tobacco Corp. v. Department of Corrections, 471 So. 2d 4( Fla. 1984), and Florida Statutes Section 768.28( 1).
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Boca Aircraft Maintenance, LLC v. Fifteen Group Capital, LLC, Case No. 3D24-0670( Fla. 3d DCA 2025). Tort damages arising from alleged fraud and negligence in aircraft maintenance services are precluded under the independent tort rule where the court fails to identify tort damages distinct from breach of contract damages.
Eco Green International, LLC v. Acapital, S. R. O., Case No. 3D24-1761( Fla. 3d DCA 2025). An appellate court lacks jurisdiction to review a trial court ' s order granting a motion to dismiss certain counts“ with prejudice” but does not have words of finality, i. e., is not a final order, and does have jurisdiction to review an order compelling jurisdiction on certain other counts.
Pascalides v. Artico, Case No. 3D24-1052( Fla. 3d DCA 2025). A defendant is entitled to funds in a joint tenancy bank account designated with survivorship rights where the estate fails to establish the account was created as a convenience account under Florida Statutes section 655.80.
Monroe County v. Kearns Construction
Company, Case No. 3D25-1586( Fla. 3d DCA 2025). A county board ' s award of a competitive bid constitutes an executive function not subject to certiorari review through the circuit court appellate division absent a quasi-judicial hearing with sworn testimony and evidentiary development.
Ricardo v. Typtap Insurance Company, Case No. 3D24-0448( Fla. 3d DCA 2025). Reversal and remand for an evidentiary hearing is required before the trial court may enforce a settlement agreement if the parties dispute material facts concerning mutual assent and the formation of a mediated settlement agreement,.
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