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Volume XIX, Issue 20

May 20, 2026

 

ShipJoy, LLC v. SVES, LLC, Case No. 3D25-0808 (Fla. 3d DCA 2026).

Florida Statutes section 60.07 awards damages for dissolution of an injunction, but "presupposes the existence of a bond," so damages for a wrongfully entered temporary injunction are not recoverable if the injunction was without bond and the exceptions to requiring a bond do not exist.

 

Sanchez v. People's Trust Ins. Co., Case No. 3D25-0336 (Fla. 3d DCA 2026).

Florida Rule of Civil Procedure 1.820(h) requires strict compliance in order to reject a non-binding arbitration decision, i.e.; a party must file both a notice of rejection of the arbitration decision and a request for trial in the same document within 20 days of service of the arbitrator's written decision.

 

All Paving & Sealcoating LLC v. Daly, Case No. 4D2025-0521 (Fla. 4th DCA 2026). 

A trial court must determine whether requested materials constitute trade secrets when a party asserts trade secret privilege to resist discovery, must require the party seeking production to demonstrate reasonable necessity, and must set forth its findings in the order before compelling disclosure.

 

Dolphin Pointe Health Care, LLC v. Moravia, Case No. 5D2024-1771 (Fla. 5th DCA 2026).  An arbitration agreement in a nursing home admission contract is unenforceable where the party challenging the agreement establishes, by a preponderance of the evidence, that the signatory lacked the mental capacity to comprehend the nature and effect of the agreement at the time of signing.

 

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Author

Manny Farach

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