By Manny Farach
July 23, 2025
JJJTB, Inc. v. Schmidt, Case No. SC2023-0915 (Fla. 2025).
Case jurisdiction, unlike subject matter jurisdiction, is waived if a party fails to timely object to the court’s lack thereof.
Rojas v. University of Florida Board of Trustees, Case No. SC2023-0126 (Fla. 2025).
Properly authorized state contracts are not subject to sovereign immunity, and pursuant to Pan-Am Tobacco Corp. v. Department of Corrections, 471 So. 2d 4, 6 (Fla. 1984) and County of Brevard v. Miorelli Engineering, Inc., 703 So. 2d 1049 (Fla. 1997), carry all usual implied covenants including the obligation of fair dealing and duty of performance in good faith.
Hourglass Entertainment, LLC v. NRG Investments, Inc., Case No. 2D2024-1251 (Fla. 2d DCA 2025).
A landlord who retakes possession of the premises for the account of a defaulting tenant may hold the tenant liable in general damages for the difference between the rentals stipulated to be paid and what, in good faith, the landlord is able to recover from a reletting but is not entitled to accelerate the damages.
Vuletic Group L.L.C. v. Malkin, Case No. 4D2024-1589 (Fla. 4th DCA 2025).
Damages for breach of a construction contract must be measured from the date of breach.
Atlantic Wealth Partners, LLC v. Brant, Case No. 4D2024-3198 (Fla. 4th DCA 2025).
Engaging in trial court discovery may not necessarily constitute a waiver of the right to compel arbitration if the arbitration agreement provides for trial court injunctive relief and the discovery is limited to the claimed injunctive relief.
Quires v. Copperstone Equestrian Center, LLC, Case No. 5D2023-2967 (Fla. 5th DCA 2025).
A trial court has discretion and is not required to award attorney’s fee to a prevailing defendant in a claim under Florida’s Deceptive and Unfair Trade Practices Act.
July 19, 2025
JJJTB, Inc. v. Schmidt, Case No. SC2023-0915 (Fla. 2025).
https://supremecourt.flcourts.gov/content/download/2454788/opinion/Opinion_SC2023-
0915.pdf
Case jurisdiction, unlike subject matter jurisdiction, is waived if a party fails to timely
object to the court’s lack thereof.
Rojas v. University of Florida Board of Trustees, Case No. SC2023-0126 (Fla.
2025).
https://supremecourt.flcourts.gov/content/download/2454784/opinion/Opinion_SC2023-
0126.pdf
Properly authorized state contracts are not subject to sovereign immunity, and pursuant
to Pan-Am Tobacco Corp. v. Department of Corrections, 471 So. 2d 4, 6 (Fla. 1984)
and County of Brevard v. Miorelli Engineering, Inc., 703 So. 2d 1049 (Fla. 1997), carry
all usual implied covenants including the obligation of fair dealing and duty of
performance in good faith.
Hourglass Entertainment, LLC v. NRG Investments, Inc., Case No. 2D2024-1251
(Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2454691/opinion/Opinion_2024-1251.pdf
A landlord who retakes possession of the premises for the account of a defaulting
tenant may hold the tenant liable in general damages for the difference between the
rentals stipulated to be paid and what, in good faith, the landlord is able to recover from
a reletting, but is not entitled to accelerate the damages.
Vuletic Group L.L.C. v. Malkin, Case No. 4D2024-1589 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2454725/opinion/Opinion_2024-1589.pdf
Damages for breach of a construction contract must be measured from the date of
breach.
Atlantic Wealth Partners, LLC v. Brant, Case No. 4D2024-3198 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2454734/opinion/Opinion_2024-3198.pdf
Engaging in trial court discovery may not necessarily constitute a waiver of the right to
compel arbitration if the arbitration agreement provides for trial court injunctive relief and
the discovery is limited to the claimed injunctive relief.
Quires v. Copperstone Equestrian Center, LLC, Case No. 5D2023-2967 (Fla. 5th
DCA 2025).
https://5dca.flcourts.gov/content/download/2454866/opinion/Opinion_2023-2967.pdf
A trial court has discretion and is not required to award attorney’s fee to a prevailing
defendant in a claim under Florida’s Deceptive and Unfair Trade Practices Act.
Week ending July 16, 2025
Benshot, LLC v. 2 Monkey Trading, LLC (In Re: 2 Monkey Trading, LLC), Case No. 23-12342 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202312342.pdf
Neither individual nor corporate debtors can discharge debts listed under § 523(a) in Subchapter V proceedings.
AST & Science LLC v. Delclaux Partners SA, Case No. 23-11985 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202311985.pdf
Federal jurisdiction over state law claims exists only in the very narrow circumstances
set forth in Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing,
545 U.S. 308 (2005): the state law claim was necessarily raised, actually disputed,
substantial, and capable of resolution in federal court without disrupting the federal-state
balance approved by Congress.
Nalco Company LLC v. Bonday, Case No. 22-13546 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202213546.pdf
Arbitrators exceed their powers – and their resulting award may be vacated – if they rule
on issues never submitted to arbitral panel.
Hillsborough County v. G.L. Acquisitions Corporation, Inc., Case No. 2D2024-1958
(Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2454441/opinion/Opinion_2024-1958.pdf
A circuit court reviewing the decision of a local administrative agency on first tier
certiorari review departs from the essential requirements of law by basing its review on
a finding that the local administrative agency did not make.
Avila v. Biscayne 21 Condominium, Inc., Case No. 3D23-1616 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2454513/opinion/Opinion_2023-1616.pdf
The term “voting rights” in a declaration of condominium encompasses not only the right
to vote but additional rights such as the percentage of votes necessary to permit
termination of the condominium. Finding no “Kaufman language” in this particular case,
the court certified the following question as one of great public importance:
MAY AN AMENDMENT ALTERING THE VOTING THRESHOLD
REQUIRED TO TERMINATE A CONDOMINIUM PASS WITHOUT
UNANIMOUS APPROVAL WHERE A CONDOMINIUM DECLARATION
BOTH: (1) REQUIRES THE UNANIMOUS APPROVAL OF THE UNIT
OWNERS BEFORE EITHER TERMINATING THE CONDOMINIUM OR
PASSING ANY AMENDMENT TO THE DECLARATION OF
CONDOMINIUM ALTERING A UNIT OWNER’S “VOTING RIGHTS” AND
(2) LACKS LANGUAGE PURSUANT TO KAUFMAN V. SHERE, 347 SO.2D 627 (FLA. 3D DCA 1977), AUTOMATICALLY INCORPORATING
RELEVANT STATUTORY CHANGES INTO SUCH CONTRACTUAL
PROVISIONS?
ACF IV, LLC v. FDI Capital, LLC, Case No. 3D24-0533 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2454462/opinion/Opinion_2024-0533.pdf
Unless the context otherwise requires, private loan participation agreements are not
considered “securities” protected under section 517.12(1) of the Florida Securities and
Investor Protection Act.
De Soleil South Beach Association, Inc. v. Perrin, Case No. 3D24-0707 (Fla. 3d
DCA 2025).
https://3dca.flcourts.gov/content/download/2454466/opinion/Opinion_2024-0707.pdf
The Third District re-affirms its holding of IconBrickell Condo. No. Three Ass’n, Inc. v.
New Media Consulting, LLC, 310 So. 3d 477 (Fla. 3d DCA 2022), that common
elements cannot be disassociated from a condominium, even when -ss in this case – the
Master Declaration states the condominium portion of a mixed-use development has no
common elements.