REAL ESTATE CORNER
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REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
In re Amendments to Florida Rules of Civil Procedure 1.080, 1.090, and 1.490, Case No. SC2025-1495( Fla. 2026). Florida Rules of Civil Procedure 1.080 and 1.090 require documents to be filed with the court, conform to the governing rules for document preparation and signatures, and permit extensions of time only upon good cause.
Florida Insurance Guaranty Ass’ n v. Synergy Contracting Group, Inc., Case No. 2D2025-0999( Fla. 2d DCA 2026). FIGA has no statutory obligation to pay a settlement amount allocated to attorney’ s fees unless the claimant establishes that the amount arises from and falls within the insurance policy’ s coverage.
Bensimon v. Trust Real Estate Ventures,
LLC, Case No. 3D25-0453( Fla. 3d DCA 2026). An order that fully resolves the parties’ claims and directs execution is a final appealable order, and a later materially identical order does not restart or toll the time to appeal.
Khteeb v. Helcim USA, Inc., Case No. 4D2025-2135( Fla. 4th DCA 2026). A default in proceedings supplementary under chapter 726 establishes liability but does not permit a damages award without an evidentiary hearing when the value of fraudulent transfers to each transferee remains unliquidated, and each transferee’ s liability is limited to the lesser of the transferred asset’ s value or the amount necessary to satisfy the creditor’ s claim.
Velez Rivera v. Lopes, Case No. 4D2025- 0675( Fla. 4th DCA 2026). Counsel may argue the absence of evidence from the jury’ s consideration when the evidence was properly excluded as inadmissible hearsay, and any misleading implication that the excluded statement was never made is harmless absent a reasonable possibility of prejudice.
Star Manufacturing Extraction, LLC v. Leasing Innovations, Inc., Case No. 6D2025- 1963( Fla. 6th DCA 2026). A forum-selection clause governing legal actions“ commenced hereunder” applies only to claims brought under the agreement and does not reach claims based solely on alleged promises and charges that predated the agreement.
Shannon v. Wang, Case No. 1D2025-1444( Fla. 1st DCA 2026). The question of who has the right to receive ground-lease rents from a property owned as tenancy by the entireties presents a fact question not capable of resolution by summary judgment when the lease does not expressly provide survivorship details and other evidence( the decedent alone held record title to the leased land while the ground lease identified both spouses as landlords and directed rent payments to both) permits competing inferences of the spouses’ intent.
Donnelly v. Hillsborough County Code Enforcement Board, Case No. 2D2025-3092( Fla. 2d DCA 2026). Courts on second-tier certiorari review are not bound to defer to an agency’ s interpretation such that a county ordinance defining a swimming pool as a structure presently intended for swimming or recreational bathing does not apply to a former pool used exclusively as a koi pond.
Traska v. Board of County Commissioners of Brevard County, Case No. 5D2025-1127( Fla. 5th DCA 2026). Without directing the recommendation’ s substance, mandamus may issue to compel a Florida Land Use and Environmental Dispute Resolution Act special magistrate to perform the ministerial duty of preparing and filing a written recommendation under section 70.51( 19).
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