Shannon v. Wang, Case No. 1D2025-1444 (Fla. 1st DCA 2026).
The question of who has the right to receive ground-lease rents from a property owned as tenancy by the entireties presents a fact question not capable of resolution by summary judgment when the lease does not expressly provide survivorship details and other evidence (the decedent alone held record title to the leased land while the ground lease identified both spouses as landlords and directed rent payments to both) permits competing inferences of the spouses’ intent.
Donnelly v. Hillsborough County Code Enforcement Board, Case No. 2D2025-3092 (Fla. 2d DCA 2026).
Courts on second-tier certiorari review are not bound to defer to an agency’s interpretation such that a county ordinance defining a swimming pool as a structure presently intended for swimming or recreational bathing does not apply to a former pool used exclusively as a koi pond.
Traska v. Board of County Commissioners of Brevard County, Case No. 5D2025-1127 (Fla. 5th DCA 2026).
Without directing the recommendation’s substance, mandamus may issue to compel a Florida Land Use and Environmental Dispute Resolution Act special magistrate to perform the ministerial duty of preparing and filing a written recommendation under section 70.51(19).
