City of Tampa v. Liberty Hospitality Management, LLC, Case No. 2D2024-2082 (Fla. 2d DCA 2026).
Florida's constitutional separation of powers clause found in Article II, Section 3, does not apply to municipalities, and a city council's site-specific rezoning decision constitutes a quasi-judicial action derived from the municipality's broad home rule powers under Article VIII, Section 2(b) which is reviewable by certiorari in the circuit court.
Pons Torres v. A&P Air Conditioning Corp., Case No. 3D24-1802 (Fla. 3d DCA 2026).
A trial court may not enter final summary judgment in favor of a nonmovant without notice and a proper motion under Florida Rule of Civil Procedure 1.510(c)(6).
Wolfson v. Pardes, Case No. 3D25-2509 (Fla. 3d DCA 2026).
A civil contempt order imposing incarceration as a coercive sanction must include an affirmative finding that the contemnor possesses the present ability to comply with the purge conditions and must afford a reasonable time to purge, and the absence of such findings requires that the order and corresponding writ of bodily attachment be quashed.
Bankers Life & Casualty Co. v. Borew, Case No. 4D2024-1296 (Fla. 4th DCA 2026).
A contingency fee multiplier may not be applied to lodestar fee award absent record evidence that the relevant market required such enhancement to obtain competent counsel, and a court-awarded hourly rate may not exceed the rate expressly agreed upon in the parties' retainer agreement where that agreement contains no alternative fee recovery clause.
Sudbury v. Konsker, Case No. 4D2025-1181; Unified Women's Healthcare, LP v. Konsker, Case No. 4D2025-1182 (Fla. 4th DCA 2026) (consolidated).
A signatory to an asset purchase agreement that expressly incorporates a management services agreement is bound by the arbitration clause contained therein; and different arbitration clauses in related agreements are not rendered fatally ambiguous merely because they designate different administering bodies if no material irreconcilable conflict between the respective arbitration rules has been identified.
