REAL ESTATE CORNER
PALM BEACH COUNTY
BAR ASSOCIATION
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Carrington Mortgage Services, LLC v. Tessenear, Case No. 5D2025-1687( Fla. 5th DCA 2026). An equitable action to reform a written instrument for mutual mistake is not subject to the five-year statute of limitations in section 95.11( 2)( b), Florida Statutes.
Dundore v. Hall, Case No. 5D2025-1147( Fla. 5th DCA 2026). A corporate officer ' s sworn affidavit denying personal participation in alleged deceptive representations creates a genuine issue of material fact sufficient to preclude summary judgment on a FDUTPA claim against him individually.
Art Connections USA, LLC v. Burgess Modern + Contemporary LLC, Case No. 4D2025-3662.( Fla. 4th DCA 2026). A negligent misrepresentation claim fails where the defendant consistently identified the subject property by its correct name in writing and the plaintiff cannot show justifiable reliance on any alleged misstatement.
Haramis v. Craft, Case No. 4D2025-1904.( Fla. 4th DCA 2026). Summary judgment enforcing an easement ' s restrictive scope is improper where the term defining permitted use is undefined and reasonably susceptible to an interpretation covering the disputed structure, and where the movant fails to identify any specific law, ordinance, or regulation the structure allegedly violates.
Affinity Health Partners, LLC v. Hayes Locums, LLC, Case No. 4D2025-2096.( Fla. 4th DCA 2026). Damages are unliquidated, and thus require a properly noticed evidentiary trial before entry of a default judgment, when the amount owed cannot be determined with exactness or by arithmetical calculation from the pleadings and supporting documentation alone.
Reid v. Amerifund Equity Group, Case Nos. 4D2025-2277 and 4D2025-2613.( Fla. 4th
DCA 2026). Regardless of a disclaimer ' s noncompliance with Florida Statute section 45.033( 3), a valid and irrevocable disclaimer of an interest in a decedent ' s property under Florida Statutes chapter 739 eliminates the disclaimant ' s status as an heir and precludes any subsequent claim to a foreclosure surplus generated by that property.
The Waterfront in Naples Condominium Association, Inc. v. Reynolds Ventures, Inc., Case Nos. 6D2025-0624 and 6D2025-0623.( Fla. 6th DCA 2026). A timely filed document requesting a trial de novo from a specifically identified nonbinding arbitration award satisfies Florida Rule of Civil Procedure 1.820( h)' s notice of rejection requirement even without using the express words " notice of rejection " because the rule ' s indefinite article " a " before " notice " does not mandate a specific form of words; conflict certified with People’ s Trust Insurance Co. v. Hernandez, 413 So. 3d 127( Fla. 4th DCA 2025), and Sanchez v. People’ s Trust Insurance Co., 434 So. 3d 155( Fla. 3d DCA 2026).
Key Haven Associated Enterprises, Inc. v. Florida Department of Environmental
Protection, Case No. 1D2025-0660( Fla. 1st DCA 2026). An inverse-condemnation claim alleging a categorical regulatory taking accrues when governmental action definitively prohibits the proposed development, even if the landowner later submits a permit application for the same development.
Ferrari Financial Services, Inc. v. Auto Vault, Inc., Case No. 1D2025-1045( Fla. 1st DCA 2026). Whether a purchaser’ s had implied notice of an unrecorded vehicle lien presents a fact question not answerable on summary judgment when the purchaser knew the seller had recently acquired the vehicle, lacked a certificate of title, and provided no purchase documentation despite circumstances suggesting further inquiry was appropriate.
Stout v. Cassity, Case No. 2D2025-1111( Fla. 2d DCA 2026). A trial court may not exclude properly disclosed expert testimony merely because it exceeds a voluntarily produced document that neither the governing pretrial order nor a discovery order required as a comprehensive expert report.
Okaloosa Properties Management, LLC v. Hoffman, Larin & Agnetti, P. A., Case No. 3D24-1502( Fla. 3d DCA 2026). Florida’ s absolute litigation privilege does not immunize an attorney’ s alleged out of court telephone communications unless the acts occurred before a judicial officer or in pleadings or documents filed with a court.
Overseas Fuels, LLC v. Key Largo Petro,
LLC, Case No. 4D2025-2445( Fla. 4th DCA 2026). A lessee cannot establish an assignment of a lease or invoke equitable waiver to avoid an express written assignment and anti-waiver requirement without a signed writing by the party against whom the assignment or waiver is asserted.
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PBCBA BAR BULLETIN 23