REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
State of Florida ex rel. Chertok v. Zillow,
Inc., Case No. 1D2024-2804( Fla. 1st DCA 2026). A relator cannot establish liability under the Florida False Claims Act and Florida Disposition of Unclaimed Property Act when the alleged“ unclaimed” property is not owed under the asserted instrument, is not presumed unclaimed due to ongoing communications, is not deliverable to Florida based on the owners’ non-Florida residency at the relevant times, and the owners’ actions negate any presumption of abandonment.
Aaraya Public Adjusting, LLC v. Crucial Claims, Inc., Case No. 2D2025-2119( Fla. 2d DCA 2026). Untimely objections to discovery requests may result in waiver of non-privilege objections and permit an order compelling production of otherwise discoverable financial information but an untimely response does not waive attorney – client privilege, and a trial court must consider privilege claims, and where appropriate, conduct an in camera review before compelling production of arguably privileged materials.
First Horizon Bank v. Hayworth, Case No. 3D25-2468( Fla. 3d DCA 2026). Absent a timely rehearing motion, appeal, or relief under Florida Rule of Civil Procedure 1.540, a trial court lacks case jurisdiction to entertain a new amended complaint after entry of a final summary judgment that fully adjudicates the operative claims.
BBurgett, LLC v. Benfam Holdings, LLC, Case No. 6D2025-0157( Fla. 6th DCA 2026). https:// flcourts-media. flcourts. gov / content / download / 2486385 / opinion / Opinion _ 2025-0157. pdf Florida Rule of Civil Procedure 1.510( a) requires the trial court to state on the record its specific reasons for granting or denying a motion for summary judgment, and a conclusory statement that there is or is not a genuine dispute as to a material fact does not satisfy this requirement.
Salazar v. Ortiz, Case No. 6D2025-2048( Fla. 6th DCA 2026).
A trial court may not grant a motion for judgment of partition under Florida Statutes section 64.051 when the pleadings are not closed, the motion is based on evidence outside the pleadings without following summary judgment procedures, and the non-moving party has alleged partial performance of an oral contract that would constitute an exception to the Statute of Frauds.
Ruffenach v. Deutsche Bank National Trust Co., Case No. 6D2023-1482( Fla. 6th DCA 2026). A trial court need not always conduct an evidentiary hearing or receive expert testimony concerning the reasonableness of attorneys’ fees before granting an award of attorneys’ fees pursuant to a statute, rule, or contractual provision providing for such an award as no statute or rule imposes these requirements and the judicially created requirements lack legal authority and sound policy grounds.
All Dry USA v. Savell, Case No. 1D2024- 1700( Fla. 1st DCA 2026). Failure to comply with case management deadlines alone does not justify striking a party ' s pleadings and a trial court may not strike pleadings as a sanction for discovery violations under Florida Rule of Civil Procedure 1.380( b)( 2) absent an express written finding that the party willfully and deliberately disregarded a court order.
Watkins v. Corbett, Case No. 2D2025-0214( Fla. 2d DCA 2026). The fact that the offerees owned property as tenants by the entireties does not excuse the offer’ s proponents from the strict apportionment requirement of Florida Rule of Civil Procedure 1.442 that an offer must apportion the amount and terms attributable to each party.
Lincolnshire Maximo LLC v. Marina Walk,
LLC, Case No. 2D2025-0037( Fla. 2d DCA 2026). Use of a drainage pipe on another ' s property is presumed permissive under Florida law, and the burden rests on a prescriptive easement claimant to overcome that presumption by clear and positive proof of adverse use.
Ybor Properties, LLC v. City of Tampa, Case No. 2D2025-1535( Fla. 2d DCA 2026). A circuit court exercising first-tier certiorari review departs from the essential requirements of law by affirming a city council ' s rejection of a hearing officer ' s recommended order when the city council substituted its own factual findings for those of the hearing officer, concluded the zoning administrator lacked authority to rescind his own formal decision, and issued a written order with materially different findings and conclusions than those announced orally after the vote.
Avesta Communities, LLC v. Fred, Case No. 2D2025-0367( Fla. 2d DCA 2026). A trial court abuses its discretion when- without making any finding of prejudice to the opposing party- excludes a witness from testifying at an evidentiary hearing on a motion to disqualify counsel solely because the witness was not listed on the moving party ' s witness list, particularly where the opposing party itself listed the same witness and the proffered testimony remained within the scope of a previously produced sworn declaration.
601 Cuda Properties, LLC v. Monroe County Board of County Commissioners, Case No. 3D24-2101( Fla. 3d DCA 2026). An administrative agency need not conduct an evidentiary hearing before dismissing a petition for administrative review based on untimeliness when no genuine factual disputes exist, and equitable tolling of a filing deadline is unavailable where the petitioner fails to allege that any misleading or lulling communication by the agency caused the untimely filing.
Miami-Dade County v. Garavan, Case No. 3D25-0014( Fla. 3d DCA 2026). The Florida Public Whistleblower Act does not expressly and unequivocally waive sovereign immunity for non-economic damages, and accordingly, such damages are not recoverable against a governmental sovereign.
( Concluded on next page)
PBCBA BAR BULLETIN 23