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Volume XVIII, Issue 36

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Subdivision (b)(7) of Florida Rule of Appellate Procedure 9.510 is deleted as it is obsolete in light of new legislation requiring financial impact statements to be filed concurrently with Attorney General requests.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.

 

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Manny Farach

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