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Volume XIX, Issue 8

Feb. 25, 2026

 

Learning Resources, Inc. v. Trump, Case No. 24-1287 (U.S. 2026).

The International Emergency Economic Powers Act does not delegate Congress’s Article I power to impose tariffs nor authorization to “regulate . . . importation” to the President and cannot support peacetime “drug trafficking” responses and “reciprocal” tariffs of unlimited amount and duration.

 

Ouedraogo v. Walmart Stores East, LP, Case No. 1D2023-1238 (Fla. 1st DCA 2026).

Evidence that a banana peel remained on the floor for almost eight minutes with employees in close proximity, including one who walked directly past it, establishes a triable issue of constructive knowledge under Florida Statutes section 768.0755(1)(a) and precludes summary judgment for the premises owner.

 

Michael Glenn Trust v. Walton County, Case Nos. 1D2024-0682, 1D2024-0720, 1D2024-0748 (Fla. 1st DCA 2026).

Repeal of Florida Statutes section 163.035 nullified a prior circuit court judgment establishing recreational customary use and eliminated any cognizable, non-speculative harm, thereby defeating certiorari jurisdiction and requiring dismissal of the petition.

 

Broadmoor Enterprises, LLC v. Super Heat and Air, LLC, Case No. 2D2023-1866 (Fla. 2d DCA 2026).

A commercial lease’s broad subordination clause unambiguously subordinates the tenant’s purchase option and all leasehold rights to any current or future mortgages of the owner and its successors, requiring the tenant to take title subject to the later-recorded mortgage, and post-judgment relief must conform to the final judgment’s unchallenged description of the parcels covered by the option.

 

The Chetrit Group, LLC v. EquiShares, Inc., Case No. 3D25-1964 (Fla. 3d DCA 2026).

Communications by an attorney who jointly represented two parties in forming a joint venture concern a matter of common interest, and Florida Statutes section 90.502(4)(e) applies to those communications and excludes protection of the attorney-client privilege in subsequent litigation between the co-clients.

 

Westgate & Wabasso Corp. v. Word of Faith Community Development Corp., Case No. 4D2025-0506 (Fla. 4th DCA 2026).

Part I of Florida Statutes Chapter 83 concerns non-residential leases and imposes no statutory notice, timing, or interest requirements on a landlord’s application of a security deposit; thus, the parties’ lease controls and permits the landlord to apply the deposit to unpaid rent without paying interest.

 

JM Properties of W. Palm Beach, Inc. v. Fort Dallas Truss Co., LLC, Case No. 4D2024-1593 (Fla. 4th DCA 2026).

A supplier that contracts only to design, manufacture, and deliver trusses without performing installation qualifies as a “materialman” under Florida Statutes section 713.01(20) and may recover contract damages but may not enforce a construction lien absent evidence of an “improvement” conferring a permanent benefit under section 713.01(15).

 

Hi-Land Properties, LLC v. Gantt, Case No. 4D2025-1354 (Fla. 4th DCA 2026).

Recognition of a successor’s claimed 75% ownership in a partition action is required when recorded personal representative’s releases satisfy Florida Statues section 689.01 (followed by warranty deeds from the devisees) reflect operation-of-law vesting and establish a prima facie chain of title to the decedent’s undivided interest without a court order under section Florida Statutes 733.613(1).

 

Baker v. Yokell, Case No. 5D2024-2015 (Fla. 5th DCA 2026).

An oral assertion by pro se defendants that the plaintiff’s case is “insufficient,” prompted and developed by the trial judge, does not satisfy Florida Rule of Civil Procedure 1.480(a)’s requirement that a motion for directed verdict state specific grounds, and judicial advocacy on behalf of pro se litigants that disadvantages a represented party violates neutrality principles and warrants a new trial before a different judge.

 

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Author

Manny Farach

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