REAL ESTATE CORNER
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REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Thompson Nation Holdings LLC v. Gonzalez, Case No. 3D24-0588( Fla. 3d DCA 2025). The Florida Deceptive and Unfair Trade Practices Act provides statutory authority for injunctive relief without requiring a showing of irreparable harm or inadequate legal remedies, and corporate officers may be held individually liable under FDUTPA when they are direct participants in improper dealings.
Delta Air Lines, Inc. v. Iuliano, Case No. 4D2025-0576( Fla. 4th DCA 2025). On rehearing, the Fourth District holds that federal preemption under the Airline Deregulation Act bars state law claims against airlines unless the contract explicitly adopts federal regulations and also that choice of law provisions merely designate governing jurisdiction rather than incorporating federal regulations as contractual obligations.
Black v. Cable News Network, Inc., Case Nos. 4D2023-1257, 4D2024-0447 & 4D2024- 1349( Fla. 4th DCA 2025). Physicians may proceed to trial on defamation claims based on news reports using raw mortality rates rather than riskadjusted data as publication of misleading statistical comparisons that create false impressions of surgical competence can support defamation-by-implication claims.
Winter Park Hospitality, LLC v. On Target Staffing, LLC, Case No. 6D2024-1525( Fla. 6th DCA 2025). Trial courts possess inherent authority to enter default judgments against corporate defendants who fail to comply with court orders requiring retention of counsel by specified deadlines, and such a sanction does not violate due process when adequate notice is provided through designated representatives.
Zoble v. Kensington Estates Homeowners Ass ' n of Hillsborough, Inc., Case No. 2D2023-
2625( Fla. 2d DCA 2025). A community association ' s exercise of business judgment regarding common area maintenance is subject to the factual question of the whether the association’ s right unreasonably interferes with the easement holder’ s right to access.
Borgio v. Lakeview Development I, LLC, Case No. 3D24-2302( Fla. 3d DCA 2025). Courts are required to interpret closing documents according to their written terms as the closing documents are the best evidence of the parties’ intent.
Cauble v. Kaczmarski, Case No. 3D24-1510( Fla. 3d DCA 2025). Courts in partition sales are required to offset carrying cost reimbursement claims between cotenants by the reasonable rental value of the occupied property and permit expert testimony thereon.
Sanchez v. Consolidated Real Estate
Investments, Case No. 3D25-1773( Fla. 3d DCA 2025). A purported appellant who was not a party to the lower tribunal proceedings and did not intervene prior to judgment in the lower tribunal proceedings is not entitled to appeal a final judgment even if they may have a personal interest in the outcome of the appeal.
Hefley v. Colombo, Case No. 3D24-1696( Fla. 3d DCA 2025). Due process requires notice and meaningful opportunity to be heard before restricting representation rights, and as a result, courts cannot impose sanctions sua sponte without proper notice and opportunity to be heard even when the sanctioned party is an attorney.
Nicklaus Companies v. Nicklaus, Case No. 3D24-2327( Fla. 3d DCA 2025). Non-signatory agents can compel arbitration by signatories under broad arbitration clauses when the underlying dispute concerns the agent ' s actions on behalf of the signatory.
LaSalle v. Prestige Motor Car Imports, Case No. 3D24-0987( Fla 3d DCA 2025). earsay testimony about rumors without personal knowledge is inadmissible, and mere speculation about defamatory statement publication cannot overcome summary judgment under Florida ' s modern summary judgment standard.
Home Pipeline Holdings v. Nicolas, Case No. 3D25-1299( Fla. 3d DCA 2025). Trial courts have a non-discretionary, ministerial duty to issue writs of possession under Florida Statutes sections 83.60 and 83.62 and courts cannot sua sponte stay writs based on equitable considerations without proper procedural foundation.
Crooks v. Wells Fargo Advisors, LLC, Case No. 4D2025-0751( Fla. 4th DCA 2025). The trial court must hold an evidentiary hearing before ruling on a motion to compel arbitration when a party disputes the existence or validity of an arbitration agreement through affidavit evidence, particularly when the party is challenging the authenticity of signatures.
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