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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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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Non-Compete Violations: What Should Businesses Do?

Non-compete agreements are vital tools for Florida businesses aiming to protect their trade secrets, client relationships, and competitive edge. However, when an employee or business partner violates these agreements, it can lead to financial losses and legal challenges. This blog from Boatman Ricci explains non-compete violations under Florida law, common scenarios...
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The Advantages of Mediation in Resolving a Legal Dispute

Are you a party currently embroiled in litigation and seeking to resolve your case prior to trial? Have you been advised by your attorney that you must attend a court ordered mediation? Litigation can be both financially and emotionally costly. Mediation may offer an alternative path for parties seeking resolution of their legal dispute...
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If You Move to Dismiss Part of a Pleading, Do You Respond to the Rest?

Occasionally, I see good lawyers move to dismiss part of a pleading – maybe one or two counts of a five-count complaint or counterclaim – and simultaneously, needlessly, file an answer to the rest of the pleading “in an abundance of caution.” The good news is that, with just a couple of exceptions, you...
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