Trace Elements, Inc. v. Mackensen, Case No. SC2024-1274 (Fla. 2026).
Florida Rule of Civil Procedure 1.442(c)(3) requires apportionment of any joint proposal for settlement, including one addressing a unified, single claim, and noncompliance renders the proposal invalid for fee entitlement under Florida Statute section 768.79.
Kessler v. Ayzen, Case No. 3D25-0117 (Fla. 3d DCA 2026).
An upland owner’s riparian right of view protects a direct, unobstructed view of the adjoining waterway but does not bar a neighboring owner from building a lawful dock and boatlift directly in front of their own property when the structure does not unreasonably interfere with the neighbor’s direct view and partially obstructs view on one side by only 32 degrees.
Davidovich v. Lippoff, Case No. 3D25-1368 (Fla. 3d DCA 2026).
A buyer seeking nondisclosure damages under Johnson v. Davis must present timely, competent evidence that the seller had actual knowledge of a material, non-observable defect, and failure to timely respond to a motion for summary judgment allows judgment that the seller’s lack of knowledge remains undisputed.
Schmidt v. Stokes McMillan Antúnez Martinez-Lejarza P.A., Case No. 3D26-0839 (Fla. 3d DCA 2026).
A post-judgment order compelling discovery in aid of execution under Florida Rule of Civil Procedure 1.560(c) departs from the essential requirements of law and warrants certiorari relief when the underlying judgment has been fully satisfied within the rule’s 45-day period.
Martinez v. JP Morgan Chase Bank, N.A., Case Nos. 4D2025-1072, 4D2025-1073, & 4D2025-1075 (Fla. 4th DCA 2026).
So long as the claims arise from the same conduct, transaction, or occurrence described in the earlier motion, a supplemental fraudulent transfer complaint in proceedings supplementary under Florida Statute section 56.29 relates back under Florida Rule of Civil Procedure 1.190(c) to the earlier motion to commence proceedings supplementary.
Martin, Inc. v. Moore, Case No. 4D2025-0517 (Fla. 4th DCA 2026).
A defective notice of commencement affects a construction lien’s priority date but does not invalidate an otherwise properly recorded and served construction lien against an owner in privity, and preliminary work such as taking measurements and ordering custom windows may constitute commencement within 90 days.
