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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Plead It or Lose It: The Perils of Unpled Theories at Summary Judgment
In Lutheran Services of Florida, Inc. v. Davis (2d DCA), Florida’s Second District Court of Appeal delivered a reminder that every litigator needs to internalize: you can’t win on a theory you never pled.
The case arose from a dispute over the termination of Dr. Ricardo Davis, who served as Executive Director of a Head...
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The case arose from a dispute over the termination of Dr. Ricardo Davis, who served as Executive Director of a Head...
No Winner, No Fees: Trial Court Finds No Prevailing Party — and the Third DCA affirms
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
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
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
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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