JJJTB, Inc. v. Schmidt, Case No. SC2023-0915 (Fla. 2025).
Case jurisdiction, unlike subject matter jurisdiction, is waived if a party fails to timely object to the court’s lack thereof.
Rojas v. University of Florida Board of Trustees, Case No. SC2023-0126 (Fla. 2025).
Properly authorized state contracts are not subject to sovereign immunity, and pursuant to Pan-Am Tobacco Corp. v. Department of Corrections, 471 So. 2d 4, 6 (Fla. 1984) and County of Brevard v. Miorelli Engineering, Inc., 703 So. 2d 1049 (Fla. 1997), carry all usual implied covenants including the obligation of fair dealing and duty of performance in good faith.
Hourglass Entertainment, LLC v. NRG Investments, Inc., Case No. 2D2024-1251 (Fla. 2d DCA 2025).
A landlord who retakes possession of the premises for the account of a defaulting tenant may hold the tenant liable in general damages for the difference between the rentals stipulated to be paid and what, in good faith, the landlord is able to recover from a reletting but is not entitled to accelerate the damages.
Vuletic Group L.L.C. v. Malkin, Case No. 4D2024-1589 (Fla. 4th DCA 2025).
Damages for breach of a construction contract must be measured from the date of breach.
Atlantic Wealth Partners, LLC v. Brant, Case No. 4D2024-3198 (Fla. 4th DCA 2025).
Engaging in trial court discovery may not necessarily constitute a waiver of the right to compel arbitration if the arbitration agreement provides for trial court injunctive relief and the discovery is limited to the claimed injunctive relief.
Quires v. Copperstone Equestrian Center, LLC, Case No. 5D2023-2967 (Fla. 5th DCA 2025).
A trial court has discretion and is not required to award attorney’s fee to a prevailing defendant in a claim under Florida’s Deceptive and Unfair Trade Practices Act.
