By Manny Farach
Aug. 27, 2025
ECB USA, Inc. v. Savencia Cheese USA, LLC, Case No. 23-12580 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202312580.reh.pdf
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).
https://supremecourt.flcourts.gov/content/download/2456611/opinion/Opinion_SC2025-
0019.pdf
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).
https://supremecourt.flcourts.gov/content/download/2456611/opinion/Opinion_SC2025-
0019.pdf
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).
https://1dca.flcourts.gov/content/download/2456411/opinion/Opinion_2025-2062.pdf
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).
https://2dca.flcourts.gov/content/download/2456643/opinion/Opinion_2024-1332.pdf
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).
https://2dca.flcourts.gov/content/download/2456642/opinion/Opinion_2024-0253.pdf
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).
https://2dca.flcourts.gov/content/download/2456641/opinion/Opinion_2024-0148.pdf
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).
https://4dca.flcourts.gov/content/download/2456536/opinion/Opinion_2024-1632.pdf
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).
https://4dca.flcourts.gov/content/download/2456534/opinion/Opinion_2024-0967.pdf
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).
https://4dca.flcourts.gov/content/download/2456528/opinion/Opinion_2024-0486.pdf
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.
August 23, 2025
Brown v. Thomas, Case No. 2D2024-1282 (Fla. 2d DCA 2025).
Determination of riparian rights requires a full analysis of shoreline geometry, channel
direction, and the correlative rights of adjoining landowners; protection of a preexisting
dock alone does not satisfy the requirements of Hayes v. Bowman, 91 So. 2d 795 (Fla.
1957).
Shah v. Patel, Case No. 4D2024-1321 (Fla. 4th DCA 2025).
A forged management agreement that recharacterizes LLC loans as management fees
at an unauthorized rate proximately causes legal damages, even when the parties knew
about the loans and the loans were “zeroed out.”
Sierra Orlando Properties, Ltd. v. Allen, Case No. 6D2023-2448 (Fla. 6th DCA 2025).
A landowner owes no duty of care to a pedestrian who traverses a grassy median not
intended for pedestrian use when a sidewalk affords a safe alternative.
Suny v. KCP Advisory Group, LLC, Case No. 23-1800 (1st Cir. 2025).
https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/23-1800P-01A.pdf
Absolute quasi-judicial immunity shields court-appointed receivers from liability for
actions taken pursuant to a judicial function—such as resident removals due to unsafe
conditions—when performed within the receiver’s jurisdiction.
Foss v. Eastern States Exposition, Case No. 24-1360 (1st Cir. 2025).
Absolute quasi-judicial immunity shields court-appointed receivers from liability for
actions taken pursuant to a judicial function—such as resident removals due to unsafe
conditions—when performed within the receiver’s jurisdiction.
Wildlife Preserves, Inc. v. Romero, Case No. 24-776 (2d Cir. 2025).
A deed restriction requiring maintenance and operation of land as a wildlife preserve
permits implementation of deer management plans, including exclusion fencing and
sharpshooting, when such measures serve the preservation’s primary purpose.
In re Congoleum Corporation, Case No. 23-1295 (3d Cir. 2025).
A bankruptcy court retains jurisdiction to interpret and enforce its own confirmation
orders, including the authority to bar environmental claims against non-debtor entities
where appropriate notice and opportunity to contest existed.
Murrin v. Commissioner of Internal Revenue, Case No. 24-2037 (3d Cir. 2025).
I.R.C. § 6501(c)(1) extends the exception to the tax assessment statute of limitations to
encompass false or fraudulent returns prepared with an intent to evade tax by any
actor—including a preparer—not solely the taxpayer.
C-Ville Fabricating, Inc. v. Tarter, Case No. 24-5324 (6th Cir. 2025).
Kentucky corporate law requires unequivocal written or oral notice for a director’s
resignation; mere share transfer does not effect resignation or alter the authority of the
existing board.Thomson v. Hodgson, Case No. 24-2858 (9th Cir. 2025).
Absent specific limiting language, a publishing agreement that allocates royalties in
connection with copyrighted works will be interpreted to endure until the underlying
copyrights enter the public domain and cease generating royalties.
Aug. 20, 2025
TL90108 LLC v. Ford, Case No. 21-10456 (11th Cir. 2025).
Equitable tolling does not apply to the Bankruptcy Rule of Procedure 4007(c) deadline to file a § 523(c) complaint despite the Supreme Court’s later decisions in Kontrick v. Ryan, 540 U.S. 443 (2004), and Holland v. Florida, 560 U.S. 631 (2010).
AK Land Title, LLC v. Hurd, Case No. 1D2024-1319 (Fla. 1st DCA 2025).
A party can enforce an easement across a vacant lot for beach privileges but cannot impose an injunction prohibiting any construction on the property as an easement cannot be inconsistent with the general property rights of an owner and an easement holder’s rights in the property are not absolute and unlimited.
Stevenson v. Israeli, Case No. 3D24-0618 (Fla. 3d DCA 2025).
Defense counsel’s closing argument comments accusing opposing counsel of lying and engaging in a “celebrity shakedown” constituted fundamental error that impugned the integrity of plaintiffs’ counsel and denied plaintiffs a fair trial.
Garcia v. Piper Industrial Complex, LLC, Case No. 3D24-1235 (Fla. 3d DCA 2025).
The transfer of a 50% ownership interest in a commercial property constitutes a “change of ownership or control” under Florida Statutes section 193.1555(5)(b), thus requiring reassessment at just value and rendering the statute’s ten percent assessment limitation inapplicable.
Hernandez v. Burleigh House Condominium, Inc., Case No. 3D25-0109 (Fla. 3d DCA 2025).
Florida Statutes section 713.30 expressly preserves a lienor’s right to maintain other actions at law thus extinguishment of a construction lien under Chapter 713 does not bar an unjust enrichment claim.
Buck v. Santos, Case No. 3D25-0111 (Fla. 3d DCA 2025).
A negotiated settlement agreement which contains benefits and obligations and denies fault precludes an essential element of malicious prosecution, i.e., a finding of “bona fide termination” in defendant’s favor.
Harris v. Dazzo, Case No. 3D25-0825 (Fla. 3d DCA 2025).
Florida Statutes section 682.051 provides arbitrators with absolute immunity from suit to the same extent as judges so long as the person is acting in their capacity as an arbitrator when the alleged conduct occurred.
Upland Ventures, Inc. v. Diaz-Pichardo, Case No. 6D2023-3519 (Fla. 6th DCA 2025).
The successful bidder at a foreclosure sale is entitled to possession of the property regardless of whether the foreclosure pertained to a first or second mortgage.
Aug. 13, 2025
Kapila v. CTS Equities Limited Partnership, Case No. 2D2024-0334 (Fla. 2d DCA 2025).
Funds that are encumbered by a valid lien at the time of transfer do not qualify as assets subject to avoidance under Florida’s Uniform Fraudulent Transfer Act.
Engelin v. Portfolio Recovery Associates, LLC, Case No. 2D2024-0640 (Fla. 2d DCA 2025).
A plaintiff defending an award of Florida Statute section 57.105(7) attorney’s fees against it waives the right to defend on the basis that a choice-of-law provision makes non-Florida law applicable if the issue is raised after dismissal of the lawsuit.
Carus v. Cove at Isles at Bayshore Homeowners Ass’n, Case Nos. 3D25-1079 & 3D25-1177 (Fla. 3d DCA 2025).
Extraordinary writs such as prohibition will not lie to correct lack of subject matter jurisdiction once a final judgment has issued but appellate remedies may be available.
Estate of Marvin Diamond v. U.S. Bank, National Association, Case No. 4D2024-1896 (Fla. 4th DCA 2025).
Attorney’s fees under Florida Statutes section 768.79 are unavailable when substantive law applied by lex loci contractus is that of another state instead of Florida.
Aydulun v. Cardona, Case No. 4D2024-2637 (Fla. 4th DCA 2025).
Dismissal with prejudice is error where pleading defects may be cured by amendment and the trial court did not find amendment would be futile.
Morsi v. Wellington Regional Medical Center, LLC, Case No. 4D2024-2893 (Fla. 4th DCA 2025).
A non-party hospital cannot enforce an arbitration clause in a physician’s employment contract when the contract does not expressly confer third-party beneficiary status.
Aug. 6, 2025
Fulton v. Fulton County Board of Commissioners, Case No. 22-12041 (11th Cir. 2025).
Where no adequate statutory or state-law remedy exists, the Takings Clause of the Fifth and Fourteenth Amendments provides a direct cause of action independent of 42 U.S.C. § 1983 against local governments for “just compensation.”
Glynn Environmental Coalition, Inc. v. Sea Island Acquisition, LLC, Case No. 24-10710 (11th Cir. 2025).
Landowners do not waive jurisdictional arguments in citizen enforcement actions when they accept a Corps nationwide permit under a preliminary jurisdictional determination. Additionally, a citizen-suit under the Clean Water Act must sufficiently plead that the wetlands in question maintain a continuous surface connection to waters of the United States pursuant to the dictates of Sackett v. EPA, 143 S. Ct. 1322 (2023).
Pop v. LuliFama.com LLC, Case No. 24-11048 (11th Cir. 2025).
FDUTPA claims that sound in fraud must comply with Rule 9(b), and accordingly, plaintiffs must plead with particularity the alleged deceptive conduct by social media influencers to state a FDUTPA cause of action.
Leavitt Recreation & Hospitality Insurance, Inc. v. Florida Caverns R.V. Resort, LLC, Case No. 1D2023-2119 (Fla. 1st DCA 2025).
Summary judgment cannot be granted in a negligent procurement of insurance case when there are material facts in dispute, including when the record demonstrates the insurance broker’s own agent testified that power-station coverage was available for the policy at issue.
Hanniford v. United Services Automobile Association, Case No. 1D2024-0196 (Fla. 1st DCA 2025).
A law firm’s failure to timely file a motion for trial de novo following non-binding arbitration constitutes attorney misfeasance rather than excusable neglect when the two attorneys of the firm chose inaction despite receiving communications from opposing counsel about the arbitration award and failed to update the court’s e-filing portal or check the court docket.
McPherson v. Samuel, Case No. 4D2023-2613 (Fla. 4th DCA 2025).
Courts determine appellate fee awards based on whether the appellant prevailed on the significant issues litigated on appeal, not whether the appellant ultimately prevailed after completing all litigation, and accordingly, an appellant who prevails on the significant issue of denial of due process is entitled to appellate costs even when a temporary injunction remains in place following reversal.
Delta Air Lines, Inc. v. Iuliano, Case No. 4D2025-0576 (Fla. 4th DCA 2025).
Federal law does not preempt a plaintiff’s suit seeking enforcement of federal security fee regulations against an airline under 49 U.S.C. § 41713(b)(1) when the flight contract’s choice of law provision merely designates the governing jurisdiction rather than explicitly adopting federal regulations, and as a result, does not comply with the requirements of the Am. Airlines v. Wolens, 513 U.S. 219, exception to federal preemption.
US Bank National Association v. Estate of Zayas, Case No. 5D2024-2160 (Fla. 5th DCA 2025).
Trial courts lack case jurisdiction to issue post-judgment orders on topics not specifically reserved in the final judgment such that a general reservation of jurisdiction “to enter further orders that are proper” is insufficient retention of case or procedural jurisdiction for specific matters not explicitly listed.
16205 Captiva Drive, LLC v. Levinson, Case No. 6D2023-0552 (Fla. 6th DCA 2025).
A genuine dispute of material fact precludes summary judgment terminating easements when a party’s evidence shows multiple official addresses for the defendant LLC and the sole managing member testifies he did not receive the payment demand because the sender failed to include “attention Colm Lanigan” in the demand sent to the Abu Dhabi address.
