Pung v. Isabella County, Case No. 25–95 (S. Ct. 2026).
In light of the nation's history of tax sales and when the sale is fairly conducted, just compensation under the Fifth Amendment Takings Clause following a government tax sale is measured by the actual auction price, not the property's hypothetical fair market value, and the Eighth Amendment Excessive Fines Clause likewise does not require the government to return more than the surplus sale proceeds.
Big Gates Records, LLC v. Stewart, Case No. 2D2025-0937 (Fla. 2d DCA 2026).
A limited liability company is a legal entity separate and distinct from its members, so a member of an LLC, even if the member is a majority owner who directed the LLC's actions, lacks standing to sue in an individual capacity for breach of a contract to which only the LLC, not the member personally, was a party.
Master Dry Out, Inc. v. State Farm Florida Insurance Co., Case No. 2D2024-2205 (Fla. 2d DCA 2026).
A pre-trial settlement in which the insurer admits no liability and the parties expressly compromise doubtful and disputed claims does not constitute a "judgment obtained" within the meaning of Florida Statutes section 627.7152(10)(a) and therefore does not entitle a post-loss assignee to an award of attorney's fees under that statute.
Adonel Concrete Corp. v. Furshman, Case No. 3D25-0132 (Fla. 3d DCA 2026).
A binding settlement agreement is formed when the parties' objective manifestations, including a confirmation email left unchallenged, delivery of a check in the negotiated amount, and an affirmative reply to a proposed release, establish assent to all essential terms, and the failure to execute a formal written release does not negate contract formation because execution of the release is a procedural formality and not a condition precedent to the agreement.
Zambrano v. Quintana, Case No. 3D25-0177 (Fla. 3d DCA 2026).
A residential tenant's failure to pay accrued rent into the court registry after a judicial order on a motion to determine rent constitutes an absolute waiver of all affirmative defenses under Florida Statutes section 83.60(2) and entitles the landlord to an immediate default judgment of possession but the rent-deposit requirement applies only to actions for possession and does not authorize striking a tenant's counterclaims for damages or injunctive relief as moot, nor does it permit the court to strike a timely jury trial demand on those counterclaims before a responsive pleading has been filed.
Columbus574, LLC v. Deppert, Case No. 4D2025-0695 (Fla. 4th DCA 2026).
A contingency fee multiplier award requires both a pre-existing contingency fee agreement and a showing that the multiplier was necessary to obtain competent counsel; supplemental damages incident to specific performance are limited to amounts that return the parties to the status quo at the time of breach and may not include prejudgment interest unless there is a showing of an actual, out-of-pocket loss prior to entry of judgment or mortgage interest a party never incurred.
Deltona Transformer Corp. v. Deltran Operations USA, Inc., Case No. 5D2024-1156 (Fla. 5th DCA 2026).
Because Florida Statute section 607.1436(1)’s plain language places no limitation on which party may invoke the court's discretion and does not limit equitable considerations to those of the electing party alone, a trial court possesses equitable authority under the statute to set aside or modify a buyout election in a corporate dissolution proceeding regardless of whether it is the electing party or the petitioning shareholder who raises equitable grounds.
