Owoc v. Liquidating Trustee, Case No. 24-14048 (11th Cir. 2026).
A corporate debtor's Subchapter S election belongs to the shareholder rather than the corporation, and therefore does not constitute property of the bankruptcy estate under 11 U.S.C. § 541.
Ryan v. Eckard, Case No. 2D2025-1624 (Fla. 2d DCA 2026).
Florida Statutes section 682.12 mandates confirmation of an arbitration award where no motion to vacate, modify, or correct the award is filed within the 90-day period established by section 682.13(2), and a trial court has no authority to extend that statutory period through a case-management stay.
Persechino v. Station Square Condominium Association, Inc., Case No. 2D2025-2610 (Fla. 2d DCA 2026).
Florida Statutes section 718.113(8) does not preclude a condominium association from requiring compliance with the material-alteration approval procedures of section 718.113(2)(a) when a unit owner's installation of an electric vehicle charging station constitutes a material alteration or substantial addition to the common elements.
Diaz v. Cat Cay Holdings JHR, LLC, Case No. 3D25-0068 (Fla. 3d DCA 2026).
A plaintiff who establishes the existence of a valid, enforceable express contract governing the parties' transaction cannot, as a matter of law, recover under a theory of unjust enrichment.
McIntosh v. Wood, Case No. 3D25-1157 (Fla. 3d DCA 2026).
A trial court's stay of execution and writ of possession pending appeal is dissolved by operation of Florida Rule of Appellate Procedure 9.310(e) upon issuance of the mandate in a related appeal, mooting any appeal challenging the denial of relief from that stay.
Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC, Case No. 4D2025-0759 (Fla. 4th DCA 2026).
A trial court abuses its discretion in granting additur when the jury instructions and verdict form afforded the jury discretion to award an amount less than the full damages sought, and the trial court's rationale for increasing the award rests on speculation as to the jury's method of calculation.
Wealth Mortgage Strategies, LLC v. Phinizee, Case No. 4D2025-2893 (Fla. 4th DCA 2026).
A motion to vacate a void order under Florida Rule of Civil Procedure 1.540(b)(4) is subject to generous treatment of the "reasonable time" filing requirement because the passage of time cannot render valid an order that was void from the date of its entry.
Carrington Mortgage Services, LLC v. Tessenear, Case No. 5D2025-1687 (Fla. 5th DCA 2026).
An equitable action to reform a written instrument for mutual mistake is not subject to the five-year statute of limitations in section 95.11(2)(b), Florida Statutes.
Dundore v. Hall, Case No. 5D2025-1147 (Fla. 5th DCA 2026).
A corporate officer's sworn affidavit denying personal participation in alleged deceptive representations creates a genuine issue of material fact sufficient to preclude summary judgment on a FDUTPA claim against him individually.
