Olivier v. City of Brandon, Case No. 24-993 (2026).
A plaintiff previously convicted under a municipal ordinance may bring a 42 U.S.C. § 1983 action seeking purely prospective declaratory and injunctive relief challenging the ordinance’s constitutionality without running afoul of Heck v. Humphrey because such relief does not necessarily imply the invalidity of the prior conviction.
In re: Amendments to Florida Rules of Appellate Procedure, Case No. SC2025-1458 (Fla. 2026).
Amendments to Florida Rules of Appellate Procedure 9.020, 9.045, 9.200, and 9.420 conform the appellate rules to recent changes in the Florida Rules of General Practice and Judicial Administration, including removal of outdated e-filing docket references, updated paper-filing requirements, and revised provisions governing filing and service.
In re: Amendments to Rules Regulating the Florida Bar – Professionalism Expectations, Case No. SC2025-1347 (Fla. 2026).
Amendments to The Florida Bar’s Professionalism Expectations revise several expectations on billing, client communication, discovery practice, deposition conduct, criticism of participants in the justice system, and supervision of support personnel to provide clearer and more precise behavioral standards for lawyers.
Gacek v. Avalon Dunes Condominium Owners Association, Inc., Case No. 1D2024-1029 (Fla. 1st DCA 2026).
An action for malicious prosecution requires that the entire underlying proceeding, not merely one claim within it, terminate in favor of the plaintiff, so a party who prevails on one claim but loses others in the same suit does not satisfy the favorable termination element.
State of Florida ex rel. Chertok v. Zillow, Inc., Case No. 1D2024-2804 (Fla. 1st DCA 2026).
A relator cannot establish liability under the Florida False Claims Act and Florida Disposition of Unclaimed Property Act when the alleged “unclaimed” property is not owed under the asserted instrument, is not presumed unclaimed due to ongoing communications, is not deliverable to Florida based on the owners’ non-Florida residency at the relevant times, and the owners’ actions negate any presumption of abandonment.
Aaraya Public Adjusting, LLC v. Crucial Claims, Inc., Case No. 2D2025-2119 (Fla. 2d DCA 2026).
Untimely objections to discovery requests may result in waiver of non-privilege objections and permit an order compelling production of otherwise discoverable financial information but, an untimely response does not waive attorney-client privilege, and a trial court must consider privilege claims, and where appropriate, conduct an in camera review before compelling production of arguably privileged materials.
First Horizon Bank v. Hayworth, Case No. 3D25-2468 (Fla. 3d DCA 2026).
Absent a timely rehearing motion, appeal, or relief under Florida Rule of Civil Procedure 1.540, a trial court lacks case jurisdiction to entertain a new amended complaint after entry of a final summary judgment that fully adjudicates the operative claims.
BBurgett, LLC v. Benfam Holdings, LLC, Case No. 6D2025-0157 (Fla. 6th DCA 2026).
Florida Rule of Civil Procedure 1.510(a) requires the trial court to state on the record its specific reasons for granting or denying a motion for summary judgment, and a conclusory statement that there is or is not a genuine dispute as to a material fact does not satisfy this requirement.
Salazar v. Ortiz, Case No. 6D2025-2048 (Fla. 6th DCA 2026).
A trial court may not grant a motion for judgment of partition under Florida Statutes section 64.051 when the pleadings are not closed, the motion is based on evidence outside the pleadings without following summary judgment procedures, and the non-moving party has alleged partial performance of an oral contract that would constitute an exception to the Statute of Frauds.
Ruffenach v. Deutsche Bank National Trust Co., Case No. 6D2023-1482 (Fla. 6th DCA 2026).
A trial court need not always conduct an evidentiary hearing or receive expert testimony concerning the reasonableness of attorneys’ fees before granting an award of attorneys’ fees pursuant to a statute, rule, or contractual provision providing for such an award, as no statute or rule imposes these requirements, and the judicially created requirements lack legal authority and sound policy grounds.
