Consumer Statutes and Contract Claims Are Separate Lanes – Landlord Can Lose on FCCPA and Still Pursue Rent and Damages
In Pasco Cypress Creek v. Neidinger, 50 Fla. L. Weekly D2336 (Fla. 2d DCA 2025), the Second District addressed a mistake that shows up frequently in landlord–tenant litigation: assuming that a loss under a consumer-protection statute automatically wipes out related contractual claims.
It doesn’t. The tenant rented an apartment under...
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It doesn’t. The tenant rented an apartment under...
Dismissal of One Petition Doesn’t End the Case; Guardianship Proceedings Can Continue When Judicial Labor Remains
In Cruz v. Waishkey (In re: Guardianship of James Vincent Cruz), 50 Fla. L. Weekly 2511 (Fla. 5th DCA 2025), the appellate court addressed a procedural misstep that can derail guardianship cases if courts treat partial dismissals as final endings.
The case involved parents who initially filed a joint petition seeking...
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You Can’t Fix Jurisdiction in a Response; Long-Arm Jurisdiction Must Be Pleaded in the Complaint
In Sandelman v. Sandelman, 50 Fla. L. Weekly D2462 (Fla. 4th DCA 2025), the Fourth District delivered a straightforward—but often overlooked—procedural reminder: personal jurisdiction under Florida’s long-arm statute must be properly pleaded in the complaint itself, not supplied later in an opposition to a motion to dismiss.
The case arose...
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A “Ledger Dump” Isn’t an Accounting; Trustees Must Provide Statutorily Compliant, Understandable Accountings
In Revah v. Revah, 50 Fla. L. Weekly D2441 (Fla. 4th DCA 2025), a trust beneficiary sought an accounting and broader relief after years of confusing transactions involving trust assets and a highly valuable residence. The beneficiary (Suzanne) was 90 years old and spoke only French; the trustee was her granddaughter...
A “Ledger Dump” Isn’t an Accounting; Trustees Must Provide Statutorily Compliant, Understandable Accountings Continue reading…
Involuntary Dismissal: Conflicts ≠ Collapse; Bench Trial Error Reversed Where Bank’s Evidence Was “Messy but Competent”
In Deutsche Bank Nat’l Trust Co. v. Flores del Callejo, 2025 WL 2967974 (Fla. 4th DCA 2025), the bank put on its case in a non-jury foreclosure trial, rested, and then got hit with the defense’s motion for involuntary dismissal. The trial court granted it, pointing to inconsistencies in the bank’s proof — including conflicting payoff...
Involuntary Dismissal: Conflicts ≠ Collapse; Bench Trial Error Reversed Where Bank’s Evidence Was “Messy but Competent” Continue reading…
Cross-Motions ≠ No Fact Issues – Sixth DCA Reminds Trial Courts: You Still Have to Look for Disputes
In Shassian v. Riverwalk Park, 50 Fla. L. Weekly D2384 (Fla. 6th DCA 2025), both sides filed cross-motions for summary judgment over whether $1 million paid to the defendants was a loan with interest or an equity investment. The trial court granted summary judgment for the defendants, noting that both parties wanted the court to resolve it...
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Not All Condo Disputes Go to Arbitration
In Trivium Circle LLC v. Bustamantes Cabrera & Rodriguez, 50 Fla. L. Weekly D2245 (Fla. 4th DCA 2025), a unit owner sued individual directors of a condominium association for breach of fiduciary duty and related misconduct. The trial court compelled arbitration under § 718.1255, Florida’s pre-suit arbitration scheme for certain condo disputes. The Fourth DCA reversed.
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4th DCA Revives Defamation Claim Over Omitted Risk Adjustment
In Black v. CNN, 50 Fla. L. Weekly D2017 (Fla. 4th DCA 2025), a pediatric heart surgeon sued CNN for defamation after broadcasts highlighted raw mortality rates that allegedly made his program look unusually dangerous. The crux: CNN accurately reported numbers, but didn’t explain risk adjustment—i.e., that surgeons handling the most complex cases often show...
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“Inextricably Intertwined” Means What It Says
In Nova Southeastern University v. Garratt Callahan Co., 50 Fla. L. Weekly D2247 (Fla. 4th DCA 2025), Nova sued three vendors over a water-cooling system’s bacteria outbreak. Two defendants settled; one lost and was subject to an attorneys’ fees award. Nova then sought attorney’s fees for work relating to the settled defendants,...
“Inextricably Intertwined” Means What It Says Continue reading…
All In or All Out; Mental-Health Evidence Can’t Backdoor an Intent Defense Without Insanity
In Rodriguez-Barnes v. State, 50 Fla. L. Weekly D2010 (Fla. 2d DCA 2025), the court affirmed a conviction after approving a jury instruction that told jurors mental illness or diminished capacity is not a defense to the charged crime and cannot be used to negate specific intent—absent a formally raised insanity defense.
What...
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