Kapila v. CTS Equities Limited Partnership, Case No. 2D2024-0334 (Fla. 2d DCA 2025).
Funds that are encumbered by a valid lien at the time of transfer do not qualify as assets subject to avoidance under Florida's Uniform Fraudulent Transfer Act.
Engelin v. Portfolio Recovery Associates, LLC, Case No. 2D2024-0640 (Fla. 2d DCA 2025).
A plaintiff defending an award of Florida Statute section 57.105(7) attorney’s fees against it waives the right to defend on the basis that a choice-of-law provision makes non-Florida law applicable if the issue is raised after dismissal of the lawsuit.
Carus v. Cove at Isles at Bayshore Homeowners Ass’n, Case Nos. 3D25-1079 & 3D25-1177 (Fla. 3d DCA 2025).
Extraordinary writs such as prohibition will not lie to correct lack of subject matter jurisdiction once a final judgment has issued but appellate remedies may be available.
Estate of Marvin Diamond v. U.S. Bank, National Association, Case No. 4D2024-1896 (Fla. 4th DCA 2025).
Attorney’s fees under Florida Statutes section 768.79 are unavailable when substantive law applied by lex loci contractus is that of another state instead of Florida.
Aydulun v. Cardona, Case No. 4D2024-2637 (Fla. 4th DCA 2025).
Dismissal with prejudice is error where pleading defects may be cured by amendment and the trial court did not find amendment would be futile.
Morsi v. Wellington Regional Medical Center, LLC, Case No. 4D2024-2893 (Fla. 4th DCA 2025).
A non-party hospital cannot enforce an arbitration clause in a physician's employment contract when the contract does not expressly confer third-party beneficiary status.
