Storey Mountain v. Del Amo (In re Del Am), Case No. 24-13216, 2024 F.3d (11th Cir. 2024).
Joint bank accounts without an express disclaimer of tenancy by the entirety on the signature card are held as a tenancy by the entirety, exempt from creditor attachment despite the statutory amendment to Florida Statute section 655.791 (authorizing written disclaimers), as the amended statute does not abrogate the common-law requirement of an express written disclaimer as established in Beal Bank.
In re Amendments to Fla. Rules of Gen. Prac. & Jud. Admin., Case No. SC2024-1778 (Fla. 2025).
Florida Rules of General Practice 2.215, 2.265, and 2.430 are amended to require circuit courts to publish local rules and administrative orders on their websites, to delete statutory provisions regarding municipal ordinance violations, and to modernize record retention requirements by replacing references to "permanently recorded records" with "electronic records" and establishing retention schedules for electronic records.
In re Amendments to Fla. Rules of Civ. P. 1.440 & 1.500, No. SC2022-0575 (Fla. 2025).
Florida Rules of Civil Procedure 1.440 and 1.500 are amended to clarify that motions for default must be filed and served on the party to be defaulted before the clerk may enter default, that parties retain full rights to notice and service of all filings until default is entered, and that orders setting actions for trial must be served on defaulted parties when damages are not liquidated or when otherwise required by Rule 1.500(e).
In re Amendments to Fla. Rule of Civ. P. 1.442 & Forms 1.902 & 1.938, No. SC2025-0045 (Fla. 2025).
Florida Rule of Civil Procedure 1.442 is amended to modernize language and clarify settlement proposal procedures; Form 1.902 is amended to permit defendants to file responses through the Florida Courts E-filing Portal or with the clerk and to provide information about legal assistance resources. Form 1.938 is amended to require plaintiffs to disclose the legal description and address of the subject property, how the defendant obtained possession, whether the plaintiff is the owner, and if not, how the plaintiff is entitled to possession.
Florida Department of Revenue v. Bank of America, N.A., Case No. 1D2024-0153, 2024 Fla. (1st DCA 2024).
Refinanced home loans secured by mortgages on the same real property as original loans with evidence that borrower obligations were extended and rolled into new loans rather than satisfied demonstrate the refinanced loans are exempt from stamp and intangible taxes under Florida Statute sections 201.091 and 199.1451.
Wight v. City of Miami Beach, Case No. 3D24-1648, 2024 Fla. (3d DCA 2024).
A municipal ordinance prohibiting entry or remaining on a public beach during designated closing hours constitutes a public welfare offense requiring no proof of mens rea, and conviction is supported where evidence shows the defendant was present on a closed beach at a prohibited time.
Arbor Grove Dev., LLC v. ECS1, Inc., No. 3D24-1975 (Fla. 3d DCA 2025).
Assumption or satisfaction of a transferor’s debts constitutes reasonable equivalent value under the Florida Uniform Fraudulent Transfer Act so summary judgment on a fraudulent transfer claim is improper where the transferee presents evidence that it assumed the transferor’s mortgage debt and responsibility for contractor claims and liens.
Revah v. Revah, No. 4D2024-1992 (Fla. 4th DCA 2025).
A trustee has a duty provide statutorily compliant accountings under Florida Statute sections 736.0813(1)(d) and 736.08135 and a post-litigation document dump of third-party financial records and unsworn ledgers filed over a year after suit commenced do not constitute reasonably understandable reports that adequately disclose the information required by section 736.08135(2); failure to prepare proper accountings is itself a breach of fiduciary duty warranting damages.
Cmty. Redevelopment Agency v. Vita Lounge, LLC, No. 4D2024-2576 (Fla. 4th DCA 2025).
Florida law holds that indemnification clauses apply only to liability for third-party claims absent clear and unambiguous language extending to disputes between the contracting parties so attorney's fees may not be awarded based on an indemnification provision in a request for proposal where the trial court's final judgment determined that selection of the winning proposer did not create a binding contract and the request for proposal expressly stated the parties would be contractually bound only upon execution of a written agreement.
Schlechter v. ARCPE Bahamas, LLC, Case Nos. 5D2024-1870 and 5D2024-1874, 2024 Fla. (5th DCA 2024).
Where creditor seeking prejudgment interest on adjustable-rate balloon promissory notes failed to present evidence of the required LIBOR index variable necessary to calculate the annual interest rates despite holding a trial solely to determine prejudgment interest, the trial court's judgment awarding prejudgment interest is reversed for lack of competent substantial evidence and remanded with instruction to remove the interest award.
Vernon v. Young, No. 5D2025-1922 (Fla. 5th DCA 2025).
The county court lacks subject matter jurisdiction over an unlawful detainer action when a defendant asserts an equitable interest in the subject property because the dispute then sounds in ejectment over which circuit courts have exclusive jurisdiction under Florida Statutes section 26.012(2)(f).
Massey Construction Group, Inc. v. Finch, P.A., Case No. 6D2024-1029, 2024 Fla. (6th DCA 2024).
Florida Statute section 768.79 governing offers of judgment and attorney fees does not apply to ancillary proceedings to enforce an equitable charging lien, and prevailing party status in such an equitable action does not authorize recovery of fees where the action seeks no damages and the opposing counsel were not parties to the underlying litigation.
