REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Big Gates Records, LLC v. Stewart, Case No. 2D2025-0937( Fla. 2d DCA 2026). An individual member of an LLC, even a majority owner who directed the LLC ' s actions, lacks standing to sue individually for breach of a contract to which only the LLC was a party.
Harlow v. Tier 1 Pest Solutions, LLC, Case No. 2D2025-2277( Fla. 2d DCA 2026). Once a court determines that an enforceable arbitration agreement exists and covers the controversy, the question whether a contractual provision constitutes a condition precedent to arbitration and whether that condition has been fulfilled is exclusively for the arbitrator under sections 682.02 and 682.03.
New World Condominium Apartments Condominium Association, Inc. v. Breedlove, Case No. 3D25-0854( Fla. 3d DCA 2026). A proposed class definition satisfies the ascertainability requirement of Florida Rule of Civil Procedure 1.220 when it specifies a particular group harmed in a particular location, time, and manner using objective criteria that permit determination of class membership without individualized inquiry.
Adonel Concrete Corp. v. Furshman, Case No. 3D25-0132( Fla. 3d DCA 2026). A binding settlement agreement is formed when the parties ' objective manifestations, including an unchallenged confirmation email, delivery of the negotiated check, and an affirmative reply to a proposed release, establish assent to all essential terms, and failure to execute a formal written release does not negate contract formation.
Kessler v. Ayzen, Case No. 3D25-0117( Fla. 3d DCA 2026). An upland owner ' s riparian right of view protects a direct, unobstructed view of the adjoining waterway but does not bar a neighboring owner from building a lawful dock and boat lift that partially obstructs the view by only 32 degrees without unreasonable interference.
Annesser Armenteros, PLLC v. Caparo, Case No. 3D25-2154( Fla. 3d DCA 2026). A claim for leave to amend to assert punitive damages under section 768.72( 1) survives only where the claimant ' s proffer and record contain a reasonable evidentiary basis specific to each defendant, and punitive liability against a professional firm requires a showing that a managing agent engaged in willful and malicious conduct.
MRS BTC FL Mining LLC v. Digital Alchemy,
LLC, Case No. 4D2025-3378( Fla. 4th DCA 2026). Incorporation of AAA rules into an arbitration provision clearly and unmistakably delegates threshold arbitrability issues, including satisfaction of contractual conditions precedent to arbitration, to the arbitrator.
City of Hallandale Beach v. Shames, Case No. 4D2025-1230( Fla. 4th DCA 2026). A municipality joined in a foreclosure action qualifies as a subordinate lienholder entitled to surplus proceeds only to the extent of liens shown on the face of the pleadings and may not recover based on later-recorded code-enforcement liens that do not appear in the foreclosure pleadings.
Office of the Attorney General, Department of Legal Affairs v. Wellness Program Services,
LLC, Case No. 4D2024-0484( Fla. 4th DCA 2026). An individual owner may be held personally liable under FDUTPA when the evidence and an on-the-record stipulation establish that he had some measure of control over and actively participated in the corporation ' s deceptive practices, and he cannot avoid liability by later refusing to sign a written memorialization of that stipulation after the plaintiff has rested in reliance on it.
Healthy Food Experts, LLC v. AmGUARD Insurance Co., Case No. 4D2025-0181( Fla. 4th DCA 2026). A fully paid breach-ofcontract judgment that fixes the amount of contractual damages in a first-party property insurance dispute does not bar a subsequent statutory bad faith action seeking extra-contractual consequential damages, even when the verdict is within policy limits.
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