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Volume XIX, Issue 34

Aug. 26, 2026

 

Warner v. Hillsborough County Clerk of Courts, Case No. 24-10748 (11th Cir. 2026). 

A statute authorizing forfeiture of unclaimed court registry funds through newspaper publication notice is not facially unconstitutional under the Due Process Clause, but its application to a specific claimant violates due process where there was no notice given that was reasonably calculated to reach that claimant, especially given the government's actual knowledge that its chosen means of notice had repeatedly failed.

 

Art Connections USA, LLC v. Burgess Modern + Contemporary LLC, Case No. 4D2025-3662. (Fla. 4th DCA 2026).

A negligent misrepresentation claim fails where the defendant consistently identified the subject property by its correct name in writing, and the plaintiff cannot show justifiable reliance on any alleged misstatement.

 

Haramis v. Craft, Case No. 4D2025-1904. (Fla. 4th DCA 2026).

Summary judgment enforcing an easement's restrictive scope is improper where the term defining permitted use is undefined and reasonably susceptible to an interpretation covering the disputed structure, and where the movant fails to identify any specific law, ordinance, or regulation the structure allegedly violates.

 

Affinity Health Partners, LLC v. Hayes Locums, LLC, Case No. 4D2025-2096. (Fla. 4th DCA 2026).

Damages are unliquidated and thus require a properly noticed evidentiary trial before entry of a default judgment when the amount owed cannot be determined with exactness or by arithmetical calculation from the pleadings and supporting documentation alone.

 

Reid v. Amerifund Equity Group, Case Nos. 4D2025-2277 and 4D2025-2613. (Fla. 4th DCA 2026).

Regardless of a disclaimer's noncompliance with Florida Statute section 45.033(3), a valid and irrevocable disclaimer of an interest in a decedent's property under Florida Statutes Chapter 739 eliminates the disclaimant's status as an heir and precludes any subsequent claim to a foreclosure surplus generated by that property. 

 

The Waterfront in Naples Condominium Association, Inc. v. Reynolds Ventures, Inc., Case Nos. 6D2025-0624 and 6D2025-0623. (Fla. 6th DCA 2026).

A timely filed document requesting a trial de novo from a specifically identified non-binding arbitration award satisfies Florida Rule of Civil Procedure 1.820(h)'s notice of rejection requirement even without using the express words "notice of rejection" because the rule's indefinite article "a" before "notice" does not mandate a specific form of words; conflict certified with People’s Trust Insurance Co. v. Hernandez, 413 So. 3d 127 (Fla. 4th DCA 2025), and Sanchez v. People’s Trust Insurance Co., 434 So. 3d 155 (Fla. 3d DCA 2026).

 

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Author

Manny Farach

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