By Manny Farach
September 20, 2025
Zoble v. Kensington Estates Homeowners Assn of Hillsborough, Inc., Case No.
2D2023-2625 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2457438/opinion/Opinion_2023-2625.pdf
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).
https://3dca.flcourts.gov/content/download/2457350/opinion/Opinion_2024-2302.pdf
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).
https://3dca.flcourts.gov/content/download/2457343/opinion/Opinion_2024-1510.pdf
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).
https://3dca.flcourts.gov/content/download/2457422/opinion/Opinion_2025-1773.pdf
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.
Sept. 10, 2025 |
|
|
|
In Re: Amendments to Florida Rule of Appellate Procedure – 2025 Legislation, Case No. SC2025-1181 (Fla. 2025). Subdivision (b)(7) of Florida Rule of Appellate Procedure 9.510 is deleted as it is obsolete in light of new legislation requiring financial impact statements to be filed concurrently with Attorney General requests. Schmidt v. Thobe, Case No. 2D2024-0994 (Fla. 2d DCA 2025). Florida Rule of Civil Procedure 1.130(a) requires attachment only of documents “on which action may be brought or defense made” and the failure to attach an intermediate assignment document referenced in amendments does not warrant dismissal under Rule 1.130(a) where suit derives from a lease agreement clearly tying the defendant to that lease. Dorilton Capital Management LLC v. Schwarz, Case No. 3D25-0865, 3D25-0869 (Fla. 3d DCA 2025). A broad New York forum selection clause in a public relations agreement applies to slander claims arising from the parties’ business relationship arising from their contractual arrangement and requires dismissal of Florida action. Islamorada, Village of Islands v. Mary Barley Family Trust, Case No. 3D25-0759 (Fla. 3d DCA 2025). Issuance of a second-tier writ of certiorari requires a “miscarriage of justice” and is improper when circuit court’s ruling on a road abandonment procedure did not rise to such a level. Days v. Estate of Brown, Case No. 3D25-0212 (Fla. 3d DCA 2025). A probate order making a homestead determination constitutes a final, appealable order under Florida Rule of Appellate Procedure 9.170(b)(13) and a successor probate judge lacks jurisdiction to vacate the predecessor judge’s order if the prior order was neither appealed nor challenged within the prescribed time limits. The Hertz Corporation v. Auto Club Group, Inc., Case No. 3D24-1543 (Fla. 3d DCA 2025). The Law of the Case Doctrine holds that rulings on questions of law actually considered in a former appeal applies in further proceedings between the same parties does not apply to impose legal conclusions from a tort case to a contractual indemnification suit involving a third party. Canstar International, Inc. v. WC WH Holdings, LLC, Case No. 3D24-1506 (Fla. 3d DCA 2025). Trial courts need not conduct evidentiary hearings before dismissing cases as a Kozel sanction when a sufficient evidentiary record exists and sufficient written findings analyzing the Kozel factors are made by the trial court.
|
September 3, 2025
ECB USA, Inc. v. Savencia Cheese USA, LLC, Case No. 23-12580 (11th Cir. 2025).
Personal jurisdiction cannot be established through defendants’ communications with plaintiffs’ Florida-based attorney or the attorney accessing a digital “deal room” in Florida because such contact constitutes unilateral activity by plaintiffs that fails to create minimum contacts with the forum state.
In Re: Amendments to Rules Regulating the Florida Bar – Discipline Rules, Case No. SC2025-0019 (Fla. 2025).
The Florida Supreme Court adopts amendments to Rules Regulating The Florida Bar limiting the judicial referral process to exclude judicial elections and anything learned of outside the course of the judicial officer’s official duties, and for the Bar to refer back to a Local Professionalism Panel any conduct referred to it that “does not result in bar disciplinary proceedings or diversion to a practice and professionalism program in lieu of discipline.”
In Re: Amendments to Rules Regulating the Florida Bar – Chapter 1, Case No. SC2025-0020 (Fla. 2025).
The Florida Supreme Court restructures delinquency provisions, requires lawyers admitted pro hac to report annually and within 30 days of termination of the lawyer’s representation or the proceedings concluding, and eliminating prorated membership fees for new members while exempting those admitted from April 1 through June 30.
Gainesville Regional Utilities Authority v. City of Gainesville, Case No. 1D2025-2062 (Fla. 1st DCA 2025).
Petitioners seeking a writ of injunction to preserve the status quo pending appeal must demonstrate immediate and ascertainable harm.
Florida Homeowner Equity and Lost Property, LLC v. Fairchild, Case No. 2D2024-1332 (Fla. 2d DCA 2025).
Motions to disqualify must be legally sufficient and demonstrate an objectively reasonable belief that bias exists, and “[c]omments from the bench—even unflattering remarks—which reflect observations or mental impressions are not legally sufficient to require disqualification.”
Stevens v. Florida Peninsula Insurance Company, Case No. 2D2024-0253 (Fla. 2d DCA 2025).
Proposals for settlement containing general releases, which proposals were made and rejected before the 2022 amendments to Rule 1.442 prohibiting general releases became effective, remain valid under the law in effect at the time of service and rejection.
Custom Homes by Triumph, LLC v. Sverdlow, Case No. 2D2024-0148 (Fla. 2d DCA 2025).
Florida Statute section 713.21(4) requires the clerk to issue a show-cause summons to trigger the statute’s 20 day discharge deadline so there is no ability to discharge if the clerk has not issued the summons even if the 20 days have passed.
Georgetown Community Association, Inc. v. Elie, Case No. 4D2024-1632 (Fla. 4th DCA 2025).
A motion for reconsideration of an order granting a motion to vacate a final judgment does not toll rendition of the time to file an appeal as Florida Rule of Appellate Procedure 9.130(a)(5) tolls rendition only for “authorized” motions from “final judgments” and an order granting a motion to vacate a final judgment is not itself a “final judgment.”
Mooney v. Color Le Palais of Boynton Beach Homeowners Association, Inc., Case No. 4D2024-0967 (Fla. 4th DCA 2025).
Homeowners’ associations seeking injunctions to enforce restrictive covenants need not plead or prove irreparable harm or absence of adequate remedy at law. Likewise, Florida Statute section 720.305(1) permits self-help remedies; conflict is certified with Mauriello v. Property Owners Ass’n of Lake Parker Estates, 337 So. 3d 484 (Fla. 2d DCA 2022), and McConico v. Morgan’s Mill Property Owners Ass’n, 387 So. 3d 368, 369 (Fla. 6th DCA 2023).
Antezana v. Kimley-Horn & Associates, Inc., Case No. 4D2024-0486 (Fla. 4th DCA 2025).
Consulting engineers may face professional malpractice claims from third-party homeowners when their conduct breaches their standard of care and the breach proximately causes damages to the homeowners.
