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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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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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...
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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How Can I End a Business Partnership in Florida?
Ending a business partnership can be one of the most challenging decisions you’ll face as an entrepreneur. Partnerships thrive on trust and shared goals, but when those foundations begin to crack, it’s natural to question the future. By approaching the situation with clarity and understanding, you can protect your interests and ensure...
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Reconsideration, Rehearing, and Rule 1.540
Attorneys are often confused about whether to ask for “rehearing” or “reconsideration” of an unfavorable order, so they end up filing a “Motion for Rehearing and/or Reconsideration,” hoping to cover all bases. Another source of confusion is when to use Rule 1.530 versus Rule 1.540, Florida Rules of Civil Procedure,...
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What to Know – Arbitration of a Legal Dispute
Are you in a legal dispute with a party and been advised by your attorney that you must attend arbitration? Here’s what you need to know about arbitration.
What is arbitration?
Arbitration is a method of dispute resolution where parties agree to submit their disagreements to one or more arbitrators,...
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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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The Difficulty of Litigating Smaller Cases
For cases with up to $8,000 in controversy, Small Claims Court provides a convenient and user-friendly option where individuals and businesses can obtain relatively quick justice, often without having to hire a lawyer. If you have such a claim, run a search online for the name of your county with...
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