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Volume XIX, Issue 35

Sept. 2, 2026

 

In Re: Amendments to Florida Rules of Appellate Procedure 9.020 And 9.100, Case No. SC2025-2000 (Fla. 2026).

Florida Rule of Appellate Procedure 9.020 is amended to define “lower tribunal” to include any court, judge, agency, officer, official, board, commission, or body whose order, action, or inaction is the subject of a proceeding, and Rule 9.100 is amended requires service of an original-proceeding petition on the order’s issuer but exempts that issuer from later service absent an election to receive it.

 

Key Haven Associated Enterprises, Inc. v. Florida Department of Environmental Protection, Case No. 1D2025-0660 (Fla. 1st DCA 2026).

An inverse-condemnation claim alleging a categorical regulatory taking accrues when governmental action definitively prohibits the proposed development, even if the landowner later applies for a permit for the same development.

 

Ferrari Financial Services, Inc. v. Auto Vault, Inc., Case No. 1D2025-1045 (Fla. 1st DCA 2026).

Whether a purchaser had implied notice of an unrecorded vehicle lien presents a fact question not answerable on summary judgment when the purchaser knew the seller had recently acquired the vehicle, lacked a certificate of title, and provided no purchase documentation despite circumstances suggesting further inquiry was appropriate.

 

Stout v. Cassity, Case No. 2D2025-1111 (Fla. 2d DCA 2026).

A trial court may not exclude properly disclosed expert testimony merely because it exceeds a voluntarily produced document that neither the governing pretrial order nor a discovery order required as a comprehensive expert report.

 

Okaloosa Properties Management, LLC v. Hoffman, Larin & Agnetti, P.A., Case No. 3D24-1502 (Fla. 3d DCA 2026).

Florida’s absolute litigation privilege does not immunize an attorney’s alleged out-of-court telephone communications unless the acts occurred before a judicial officer or in pleadings or documents filed with a court.

 

Overseas Fuels, LLC v. Key Largo Petro, LLC, Case No. 4D2025-2445 (Fla. 4th DCA 2026).

A lessee cannot establish an assignment of a lease or invoke equitable waiver to avoid an express written assignment and anti-waiver requirement without a signed writing by the party against whom the assignment or waiver is asserted.

 

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Author

Manny Farach

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