MONY Life Insurance Company v. Perez, Case No. 23-10770 (11th Cir. 2025).
An insurer is not entitled to seek unjust enrichment on a policy (i.e. a written contract) it paid benefits for even if the insured lied to receive the benefits as Florida contract law does not permit an equitable claim when a contract exists between the parties.
Weinstein v. 440 Corp., Case No. 23-13807 (11th Cir. 2025).
Federal Rule of Civil Procedure (a) permits the dismissal of a single plaintiff in a multiple-plaintiff case so long as all claims that the plaintiff brought against any defendant are dismissed.
Gartman v. Southern Tactical Range, LLC, Case No. 1D2022-3567 (Fla. 1st DCA 2025).
The Forida Constitution’s Access to Courts provision (Art. I, § 4, Fla. Const. (1885)) prohibits the Florida Legislature from abolishing causes of action that existed at the time of the constitution’s adoption, and accordingly, prohibits Florida Statute sections 823.16(2) and (3) (gun ranges immune from liability for noise-related nuisance claims) from eliminating noise-related nuisance claims.
Crist v. Manhattan Palms Association One, LLC, Case No. 2D2024-1062 (Fla. 2d DCA 2025).
Clerks of Court owe a duty to properly record documents but are protected by sovereign immunity if they mis-index a document in the public records; conflict certified with First American Title Insurance Co. of St. Lucie County v. Dixon, 603 So. 2d 562 (Fla. 4th DCA 1992).
Gomez v. CVPort Services, LLC, Case No. 3D22-1494 (Fla. 3d DCA 2025).
A promissory note that is payable to two parties but contains an option to convert debt to equity that is exercised is no longer payable to multiple parties and is not covered by Florida Statute section 673.1101(4) (note payable to multiple parties “not alternatively” can only be enforced by all of them).
Macana Investments, LLC v. Longridge Financial LLC, Case No. 4D2024-083 (Fla. 4th DCA 2025).
A purchaser of real estate pendent lite who is given permission to intervene post-judgment only to exercise a right of redemption is not entitled to move to rehear the entry of the final judgment of foreclosure.
Wynn v. Huffman, Case No. 4D2024-232 (Fla. 4th DCA 2025).
Unlawful detainer actions employ summary procedure under Florida Statute section 51.011, and accordingly, a motion to dismiss in such a proceeding will be deemed an answer per Pro-Art Dental Lab, Inc. v. V-Strategic Group LLC, 986 So. 2d 1244 (Fla. 2008), and the trial can continue notwithstanding the motion to dismiss has not been heard.
Cowans v. Maximus Education LLC, Case No. 4D2025-0235 (Fla. 4th DCA 2025)
Routine reporting of a person’s credit status to credit reporting agencies does not violate the right to privacy found in Article I, Section 23 of the Florida Constitution.
