TL90108 LLC v. Ford, Case No. 21-10456 (11th Cir. 2025).
Equitable tolling does not apply to the Bankruptcy Rule of Procedure 4007(c) deadline to file a § 523(c) complaint despite the Supreme Court’s later decisions in Kontrick v. Ryan, 540 U.S. 443 (2004), and Holland v. Florida, 560 U.S. 631 (2010).
AK Land Title, LLC v. Hurd, Case No. 1D2024-1319 (Fla. 1st DCA 2025).
A party can enforce an easement across a vacant lot for beach privileges but cannot impose an injunction prohibiting any construction on the property as an easement cannot be inconsistent with the general property rights of an owner and an easement holder’s rights in the property are not absolute and unlimited.
Stevenson v. Israeli, Case No. 3D24-0618 (Fla. 3d DCA 2025).
Defense counsel's closing argument comments accusing opposing counsel of lying and engaging in a "celebrity shakedown" constituted fundamental error that impugned the integrity of plaintiffs' counsel and denied plaintiffs a fair trial.
Garcia v. Piper Industrial Complex, LLC, Case No. 3D24-1235 (Fla. 3d DCA 2025).
The transfer of a 50% ownership interest in a commercial property constitutes a "change
of ownership or control" under Florida Statutes section 193.1555(5)(b), thus requiring reassessment at just value and rendering the statute’s ten percent assessment limitation inapplicable.
Hernandez v. Burleigh House Condominium, Inc., Case No. 3D25-0109 (Fla. 3d DCA 2025).
Florida Statutes section 713.30 expressly preserves a lienor's right to maintain other actions at law thus extinguishment of a construction lien under Chapter 713 does not bar an unjust enrichment claim.
Buck v. Santos, Case No. 3D25-0111 (Fla. 3d DCA 2025).
A negotiated settlement agreement which contains benefits and obligations and denies fault precludes an essential element of malicious prosecution, i.e., a finding of "bona fide termination" in defendant's favor.
Harris v. Dazzo, Case No. 3D25-0825 (Fla. 3d DCA 2025).
Florida Statutes section 682.051 provides arbitrators with absolute immunity from suit to the same extent as judges so long as the person is acting in their capacity as an arbitrator when the alleged conduct occurred.
Upland Ventures, Inc. v. Diaz-Pichardo, Case No. 6D2023-3519 (Fla. 6th DCA 2025).
The successful bidder at a foreclosure sale is entitled to possession of the property regardless of whether the foreclosure pertained to a first or second mortgage.
