No Arbitration for You: Hospital Can’t Enforce Contract It Didn’t Sign
In Morrissey v. Wellington Regional Medical Center, 50 Fla. L. Weekly D1737 (Fla. 4th DCA 2025), the Fourth District Court of Appeal reversed a trial court ruling that had improperly forced a physician into arbitration — even though the hospital trying to compel arbitration was not a party to the employment contract that contained the arbitration clause.
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Stephen C. Schahrer Among Select Florida Attorneys Certified in Business Litigation
Approximately 7% of Florida lawyers hold Board Certification, the Bar’s highest recognition of legal expertise.
Naples, FL. August 18, 2025. Boatman Ricci is pleased to announce that Stephen C. Schahrer, Esq., has been officially Board Certified in Business Litigation by The Florida Bar — a distinction held by...
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Case Jurisdiction Is Waivable – Subject Matter Jurisdiction Is Not
In JJTB, Inc. v. Stephen, 50 Fla. L. Weekly S188 (Fla. 2025), the Florida Supreme Court resolved a conflict between district courts over whether “case jurisdiction” is waivable, and held that it is, unlike subject matter jurisdiction.
The case arose after JJTB initiated a foreclosure action. The trial...
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You Can Win and Still Lose: Why Damage Calculations Must Match the Date of Breach
In Vuletic Group LLC v. Malkin, 50 Fla. L. Weekly D1546 (Fla. 4th DCA 2025), the Fourth District Court of Appeal issued a stark warning: even if you prove liability and get a trial award, you can lose it all if your damages are calculated improperly.
The case involved a...
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No Acceleration Clause? No Future Rent: Commercial Eviction Damages Limited Without Contractual Authority
In Hourglass Entertainment v. NRG Investments, 50 Fla. L. Weekly D1538 (Fla. 2d DCA 2025), Florida’s Second District Court of Appeal reiterated a simple but often-overlooked rule in commercial lease disputes: you can’t recover future rent unless your lease expressly allows it.
In this case, the landlord obtained a final...
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The Role of Pre-Suit Demand Letters in Florida PI Cases
If you’ve been injured in an accident in Florida, whether it was a car crash, a slip and fall, or another form of negligence, recovering compensation may not always require a drawn-out court battle. In many cases, a well-crafted pre-suit demand letter can lead to a successful resolution before a lawsuit is...
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Confession by Dismissal: When Insurers Trigger Fee Entitlement — Even Without a Judgment
In T&G Locksmith Corp. et al. v. Granada Insurance Co., 50 Fla. L. Weekly D1493 (Fla. 3d DCA 2025), Florida’s Third District Court of Appeal reaffirmed that a voluntary dismissal, when paired with clear concessions, can function as a confession of judgment — triggering the insured’s right to attorney’s fees.
The...
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Pure Bill of Discovery: The Rarely Used, Easily Abused Tool
In Gus v. 3217 Corinne LLC, 50 Fla. L. Weekly D1567 (Fla. 5th DCA 2025), the Fifth District Court of Appeal issued a strong rebuke of what it saw as improper discovery strategy masquerading as a valid procedural vehicle — the pure bill of discovery.
The plaintiff brought...
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Understanding the Legal Process for HOA Foreclosures in Florida
Homeowners’ associations (HOAs) and condominium associations (COAs) are common across Florida, offering shared amenities, maintenance, and structure to residential communities. But when a homeowner falls behind on assessments or fees, the association has legal options to collect, including foreclosure. For both homeowners and board members, understanding the legal process behind HOA foreclosure...
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Can You Withdraw a Construction Bid in Florida? What Contractors Need to Know
In Florida’s fast-paced construction industry, contractors routinely submit bids for private and public projects with strict deadlines and competitive pricing. But what happens if you realize that your bid contains a critical error—or if circumstances change before the bid is accepted? Can a contractor legally withdraw a construction bid in Florida? The...
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