No Winner, No Fees: Trial Court Finds No Prevailing Party — and the Third DCA affirms

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In Kenmort Properties v. Emergency Services, Inc. (3d DCA), the trial court exercised its broad discretion to declare there was no prevailing party, and, therefore, no entitlement to attorneys' fees. Both sides had failed to achieve their core objectives, and yet both had moved for fees. The court called it a draw.
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Say It, Don’t Imply It: Trial Courts Must Explain Their Summary Judgment Rulings

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In Open Range Properties v. AmeriHome Mortgage Co., the Fifth District Court of Appeal reversed a final summary judgment of foreclosure because the trial court failed to comply with the 2021 revision to Florida Rule of Civil Procedure 1.510(a). Under the amended rule — modeled after the federal standard...
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No Ouster, No Rent: Why Co-Tenants Living Rent-Free Is Still the Rule in Florida

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In a short but telling appellate decision, a Florida court reversed a trial court’s award of over $100,000 in back rent in a partition case between siblings, reaffirming a principle that’s been settled law since at least 1988: a co-tenant in possession of jointly owned property does not owe rent to the...
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Life Estate Meets Trust Conflict: Widow’s Attempted Sale Triggers Breach and Forfeiture

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In Varano v. Varano, a Florida appellate court confronted a probate and real estate conflict packed with issues of authority and fiduciary missteps: a widow holding a life estate in property attempted to sell it —even though the remainder interest was held in trust, and the deed was not a Lady...
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How to Protect Your Florida Business from a Breach of Fiduciary Duty

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In the world of business, trust is everything. Business partners, executives, and directors often hold legal responsibilities known as fiduciary duties—duties that require them to act in the best interests of the company and its stakeholders. When someone in a trusted position breaches those duties, it can lead to severe financial losses,...
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What to Do After a Truck Accident in Florida If You Plan to File a Lawsuit

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Truck accidents are among the most serious collisions on Florida roadways. With the massive size and weight of commercial vehicles, these crashes often result in catastrophic injuries, substantial property damage, and even fatalities. If you’ve been involved in a truck accident and are considering a lawsuit, it’s critical to take the proper...
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Confidential Information, Know-How, and Trade Secrets

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In today’s competitive business environment, information is often one of a company’s most valuable assets. However, not all information is treated the same under Florida law. For employers—especially those in tech, manufacturing, finance, and service industries—understanding the differences between confidential information, know-how, and trade secrets is essential for protecting your business.
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