Limousines of South Florida, Inc. v. Levit, Case No. 3D26-0024 (Fla. 3d DCA 2026).
A licensing violation, without additional culpable conduct and a direct nexus to the claimant’s injury, does not support punitive damages for intentional misconduct or gross negligence under section 768.72, Florida Statutes.
Built Green Corp. v. Environ Condominium II Association, Inc., Case No. 4D2025-1055 (Fla. 4th DCA 2026).
A corporation afforded a reasonable opportunity to retain substitute counsel has no absolute right to a continuance, and a defendant may not obtain affirmative monetary relief without pleading a counterclaim or trying the claim by consent.
McFarlane v. Holness, as Personal Representative of the Estate of McFarlane, Case No. 4D2025-2750 (Fla. 4th DCA 2026).
A court deciding a motion to dismiss may not determine the legal effect of an enhanced life estate deed that was not attached to the homestead petition because review ordinarily remains confined to the pleading and its attachments.
Villages of Palm Beach Lakes Property Owners’ Association, Inc. v. Shoyfer, Case No. 4D2025-3413 (Fla. 4th DCA 2026).
A homeowners’ association that files a collection action after the owner’s pre-suit payment offer excludes recoverable collection attorney’s fees remains entitled to prevailing-party attorney’s fees when the owner pays the assessment after suit, notwithstanding the association’s voluntary dismissal.
