REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Holdings JJJ, LLC v. Rand, Rand, James &
James, Case No. 2D2025-0529( Fla. 2d DCA 2026). Claims challenging a corrective deed and alleging fraudulent concealment of a drain field’ s location arise out of a real-estate sale and are arbitrable under a clause covering any dispute arising out of the transaction, sale, contract, or closing.
Alexander Marine Co., Ltd. v. Fubon Insurance Co., Ltd., Case No. 4D2025-2413( Fla. 4th DCA 2026). A forum-selection provision identifying a foreign jurisdiction without language making that jurisdiction exclusive is permissive and does not require dismissal in favor of the identified forum.
Rost v. Textor & Facebank, Inc., Case No. 4D2025-0779( Fla. 4th DCA 2026). Cautionary language addressing the risk that a proposed acquisition might not occur does not render immaterial allegations that the defendants concealed their existing intent to complete the acquisition through a different entity.
Shaltouki v. MA Ventures, LLC, Case No. 5D2026-2044( Fla. 5th DCA 2026). A trial court lacks procedural jurisdiction to permit an amended complaint asserting new claims after final judgment has terminated the litigation and the time for post-judgment relief and appeal has expired.
Mueller v. Walmart Corp., Case No. 23-12854( 11th Cir. 2026). A district court may, after dismissing all claims within its original jurisdiction, exercise supplemental jurisdiction over some related state-law claims while declining jurisdiction over others if its claim-specific application of 28 U. S. C. § 1367( c) falls within its broad discretion.
Limousines of South Florida, Inc. v. Levit, Case No. 3D26-0024( Fla. 3d DCA 2026).
A licensing violation, without additional culpable conduct and a direct nexus to the claimant’ s injury, does not support punitive damages for intentional misconduct or gross negligence under section 768.72, Florida Statutes.
Built Green Corp. v. Environ Condominium II Association, Inc., Case No. 4D2025-1055( Fla. 4th DCA 2026). A corporation afforded a reasonable opportunity to retain substitute counsel has no absolute right to a continuance, and a defendant may not obtain affirmative monetary relief without pleading a counterclaim or trying the claim by consent.
McFarlane v. Holness, as Personal Representative of the Estate of McFarlane, Case No. 4D2025-2750( Fla. 4th DCA 2026). A court deciding a motion to dismiss may not determine the legal effect of an enhanced life estate deed that was not attached to the homestead petition because review ordinarily remains confined to the pleading and its attachments.
Villages of Palm Beach Lakes Property Owners’ Association, Inc. v. Shoyfer, Case No. 4D2025-3413( Fla. 4th DCA 2026). A homeowners’ association that files a collection action after the owner’ s presuit payment offer excludes recoverable collection attorney’ s fees remains entitled to prevailing-party attorney’ s fees when the owner pays the assessment after suit, notwithstanding the association’ s voluntary dismissal.
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