REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, Case No. 24-13766( 11th Cir. 2025). Federal Rule 41( a) permits dismissal only of entire actions, and uncertified partial summary judgments do not end the action as Rule 54( b) and Rule 41( a) operate to prevent partial voluntary dismissal of claims even when a district court grants summary judgment on some claims without granting Rule 54( b) certification.
In re: Amendments to Florida Rules of General Practice and Judicial Administration, Case No. SC2024-1778( Fla. 2025). Rules 2.215, 2.265, and 2.430 are amended to require circuit courts to maintain current local rules and administrative orders on their websites, delete provisions addressing court costs and fines collection that are governed by statute, and clarify electronic records retention requirements.
In Re: Amendments to Florida Rule of Appellate Procedure- 2025 Legislation, Case No. SC2025-1181( Fla. 2025). Subdivision( b)( 7) of Florida Rule of Appellate Procedure 9.510 is deleted as it is obsolete in light of new legislation requiring financial impact statements to be filed concurrently with Attorney General requests.
Schmidt v. Thobe, Case No. 2D2024-0994( Fla. 2d DCA 2025). Florida Rule of Civil Procedure 1.130( a) requires attachment only of documents " on which action may be brought or defense made " and the failure to attach an intermediate assignment document referenced in amendments does not warrant dismissal under Rule 1.130( a) where suit derives from a lease agreement clearly tying the defendant to that lease.
Dorilton Capital Management LLC v.
Schwarz, Case No. 3D25-0865, 3D25-0869( Fla. 3d DCA 2025). A broad New York forum selection clause in a public relations agreement applies to slander claims arising from the parties ' business relationship arising from their contractual arrangement and requires dismissal of Florida action.
Islamorada, Village of Islands v. Mary Barley Family Trust, Case No. 3D25-0759( Fla. 3d DCA 2025). Issuance of a second-tier writ of certiorari requires a“ miscarriage of justice” and is improper when circuit court ' s ruling on a road abandonment procedure did not rise to such a level.
Days v. Estate of Brown, Case No. 3D25-0212( Fla. 3d DCA 2025). A probate order making a homestead determination constitutes a final, appealable order under Florida Rule of Appellate Procedure 9.170( b)( 13) and a successor probate judge lacks jurisdiction to vacate the predecessor judge’ s order if the prior order was neither appealed nor challenged within the prescribed time limits.
The Hertz Corporation v. Auto Club Group,
Inc., Case No. 3D24-1543( Fla. 3d DCA 2025). The Law of the Case Doctrine holds that rulings on questions of law actually considered in a former appeal applies in further proceedings between the same parties does not apply to impose legal conclusions from a tort case to a contractual indemnification suit involving a third party.
Canstar International, Inc. v. WC WH Holdings, LLC, Case No. 3D24-1506( Fla. 3d DCA 2025). Trial courts need not conduct evidentiary hearings before dismissing cases as a Kozel sanction when a sufficient evidentiary record exists and sufficient written findings analyzing the Kozel factors are made by the trial court.
Mid-America Apartments, Ltd v. Tracz, PBCBA BAR BULLETIN
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Case No. 2D2024-1849( Fla. 2d DCA 2025). Broad arbitration clauses in residential leases that expressly include personal injury claims arising from or relating to use of leased property require arbitration of tenant ' s premises liability claim without need to apply contractual nexus test.
Ferguson v. The Republic of Trinidad and
Tobago, Case No. 3D23-880( Fla. 3d DCA 2025). The Florida Civil RICO Act’ s requirement of domestic injury when applied to conduct occurring partially abroad is established where conspiracy activities including planning, execution, payments, and evidence destruction occurred in Florida over multiple years.
Sturon, Inc. v. Sturon Nursery, Inc., Case No. 3D25-0959,( Fla. 3d DCA 2025). A party seeking to depose opposing counsel must satisfy all three prongs of the Shelton test before such extraordinary discovery may be authorized, including demonstrating that no other means exist to obtain the information.
Izquierdo v. Izquierdo, Case Nos. 3D24-1367 & 3D24-1426( Fla. 3d DCA 2025). Totten trusts are terminated as a matter of law when the underlying accounts are closed and all funds transferred to a different account before the depositor ' s death.
Maradona v. Villafañe, Case Nos. 3D23-2085 & 3D24-0585( Fla. 3d DCA 2025). Trial courts must strictly comply with Florida Rule of Criminal Procedure 3.840 ' s procedural requirements before holding a party in indirect criminal contempt, and failure to follow these procedures requires reversal of both the contempt order and any sanctions flowing therefrom.
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