In re: Amendments to Florida Rules of Civil Procedure 1.310 & 1.351, Case Nos. SC2025-0646 & SC2025-0660 (Fla. 2026).
Effective January 1, 2027, an objection to a nonparty subpoena must state its grounds and reasons with specificity, and production remains prohibited until the objection is resolved by court order or agreement.
In re: Amendments to Florida Rule of Civil Procedure 1.280(k), Case No. SC2025-1053 (Fla. 2026).
Effective January 1, 2027, other parties need not act on an unsigned discovery disclosure, request, response, or objection, and the court must strike it unless the omitted signature is promptly supplied after notice.
Carson Concrete Corp. v. InteRebar Fabricators, LLC, Case No. 3D25-0168 (Fla. 3d DCA 2026).
A threatened contractual breach does not establish economic duress when adequate legal remedies remain available, and an undocumented setoff claim cannot defeat summary judgment when the contract also excludes the claimed damages.
Benedetto & Benedetto v. EXP Realty, LLC, Haigh, Owens, Cuatt & Cuatt, Case Nos. 4D2024-2388 & 4D2025-0265 (Fla. 4th DCA 2026).
A claimant may plead punitive damages when the claimant’s evidence, viewed favorably and without weighing counterevidence, permits a reasonable inference that the defendant knowingly pursued wrongful conduct highly likely to cause the claimant damage.
North Palm Motors, LLC v. Custom Fleet Services, Inc., Case No. 4D2025-0167 (Fla. 4th DCA 2026).
Under the Florida Uniform Trade Secrets Act, a subsequent acquirer who has reason to know that a trade secret was improperly acquired may be jointly and severally liable for misappropriation, but attorney’s fees and exemplary damages require willful and malicious conduct and unjust-enrichment damages must exclude profits not attributable to the misappropriation.
Zoldan v. The Entrada Condominium, Inc., Case No. 4D2024-2199 (Fla. 4th DCA 2026).
Florida law does not support a conversion claim for real property and the ownership rights incident to the property.
