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Business Litigation & Real Property Case Update, May 2024

By Manny Farach

Week ending May 4, 2024

In Re: Amendments To Florida Rule of Appellate Procedure 9.130, Case No.
SC2023-0438 (Fla. 2024).
Rue 9.130(a)(3)(H) (interlocutory review of nonfinal orders that confirm, deny, modify,
correct, or vacate arbitration orders) is moved to subsection (a)(3)(I).

Hamilton v. Citizens Property Insurance Corporation, Case No. 3D23-1934 (Fla. 3d
DCA 2024).
A violation of Florida Statute section 90.613 (portions of a document that a witness
relies on to refresh his or her recollection during his or her deposition testimony must be
produced to the opposing party notwithstanding claims of privilege) is remediable by

Roque v. Swezy, Case No. 3D23-1836 (Fla. 3d DCA 2024).
Requiring the imaging and production of the entire contents of a party’s cellphone
cannot be justified merely because it is the quickest and most efficient method to obtain
the information sought; a trial court directing the disclosure of private information must
balance the right of privacy against the need for the discovery, and the burden is on the
party seeking disclosure to establish that the invasion of privacy is warranted and the
method requested is the least intrusive means to obtain the discovery sought.

Calixte v. Coastal Building Contractors, LLC, Case No. 4D2024-012 (Fla. 4th DCA
A party cannot employ Florida Statute section 713.24 (lienor must show cause in 20
days why lien should not be discharged) if the lien was not proper in the first place, e.g.,
the lienor had not complied with the Notice to Owner requirements.

Hernando County v. Hernando County Fair Association, Inc., Case No. 5D2023-
1060 (Fla. 5th DCA 2024).
The Continuing Breach Doctrine applies to leasehold and sale of real property
transactions, and if applied, extends the statute of limitations.

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