What Happens When a Business Breaks a Verbal Contract in Florida?
In the fast-paced world of business, many agreements start with a handshake or a phone call rather than a formal written contract. While this may feel efficient at the time, when disputes arise, the question becomes: is a verbal contract enforceable? At Boatman Ricci, we help Florida businesses and individuals understand...
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No Repairs, No Claim: MSJ Granted Where Homeowners Accepted ACV and Didn’t Complete Repairs
In Brennan and Anthony Calello v. Florida Peninsula Insurance Company, 20th Judicial Circuit of Lee County, the court granted summary judgment in favor of an insurer where homeowners sought additional payment under a replacement cost value (RCV) provision — despite having accepted actual cash value (ACV) and never completing repairs.
The plaintiffs’...
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Florida Court Affirms Discretion to Reject Untimely Response Brief
In Wellons v. Broward Water Consultants, Inc. (3D25-0146), out of the Third District Court of Appeal, the court upheld a trial judge’s ruling that refused to consider an untimely-filed summary judgment response brief — even though the brief would have been timely under the prior version of the rule.
The case...
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Court Denies Attorney Fees Where Theory Was Raised Too Late
In Robbins v. McGrath, 955 So. 2d 633 (Fla. 1st DCA 2007), The First District Court of Appeals ruled that the wrongful act doctrine, though a recognized exception to the American Rule on attorney’s fees, must be affirmatively pled in the complaint to be awarded.
The American ruled holds that generally, attorney's...
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Uber’s Arbitration Clause Survives Unconscionability Challenge
In Nogare v. Uber Technologies, 50 Fla. L. Weekly D1737 (11th Cir. 2025), the Eleventh Circuit affirmed a trial court’s decision to compel arbitration against a plaintiff who had clicked through Uber’s updated terms of service — including an arbitration clause — months before suffering personal injuries during a ride.
The plaintiff filed suit...
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Boatman Ricci Secures $440,000 Verdict for Clients in Real Estate Fraud Case
Jury finds sellers liable for concealing severe water and mold damage in Glades County property.
Fort Myers, FL. September 3, 2024. (Law Firm Newswire) Boatman Ricci is proud to announce a significant trial victory in Daniel and Kim Morrison v. Donald and Rickie Harless (Glades County Case No. 2022-CA-105). Following...
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Bad Process Can Undo a Default Judgment
In Gray v. Fifth Third Bank, 50 Fla. L. Weekly D1764 (Fla. 6th DCA 2025), the Sixth District Court of Appeal reversed a default judgment — not because of a novel legal argument, but because of a foundational procedural failure: the defendant was never properly served.
Fifth Third Bank had obtained...
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Judge Can’t Just Label You Vexatious Without Due Process; “Vexatious Litigant” Designation Requires Procedure
In Amatulah v. Palmier, 50 Fla. L. Weekly D1730 (Fla. 3d DCA 2025), the Third District Court of Appeal agreed with the trial court's order that the plaintiff's litigation history placed her within the definition of a vexatious litigant, but reversed in part the trial court's order for an overstep: declaring the...
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You Can’t Wait to Waive – Choice of Law Arguments Must Be Timely or They’re Lost
In Engelin v. Portfolio Recovery Associates, 50 Fla. L. Weekly D1722 (Fla. 2d DCA 2025), the Second District Court of Appeal held that a party waives a choice-of-law defense if it isn’t raised early enough, even if that foreign law would have been dispositive.
The underlying case was a standard...
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Don’t Duck Depos: Court Sanctions Plaintiff for Repeated Discovery Misconduct
In Green v. Mann, 50 Fla. L. Weekly D1734 (Fla. 2025), the court upheld severe sanctions, including striking pleadings and entering default, against a plaintiff who repeatedly refused to comply with discovery requests and court orders.
Green initiated suit against Mann and JM & IC Investments, LLC, for...
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