Category: Florida Law Weekly

In multi-party litigation, proposals for settlement (PFS) under Fla. R. Civ. P. 1.442 and § 768.79, Florida Statutes can be powerful strategic tools — but only if they’re carefully drafted to comply with both the rules and the case law. Zach Pearlman’s research memo, reviewed and supplemented by Neely Brown, highlighted the often-confused area of apportionment in...

In Hertz Corp. v. Auto Club Group, 50 Fla. L. Weekly D1970 (Fla. 3d DCA 2025), the Third
District Court of Appeal reversed a trial court’s dismissal of contract-based claims that were
wrongly blocked by prior rulings on unrelated negligence claims. The case began with a man who rented a car...

In Fernandez v. Berkeley House Condominium, Inc., the Florida Third DCA addressed whether a contractor who missed the 60-day deadline to file a lien foreclosure action could still pursue recovery under an equitable theory of unjust enrichment. The answer: yes. Fernandez, through his company First Response, performed work for Berkeley House...

In Haedo Transportation Solutions, LLC v. Signature Flight Support, LLC 50 Fla. L. Weekly D1885 (Fla. 3d DCA 2025), Florida’s Third District Court of Appeal affirmed a summary judgment that enforced both exculpatory language and a jury trial waiver clause in an aircraft storage agreement — even though the contract also...

In Brennan and Anthony Calello v. Florida Peninsula Insurance Company, 20th Judicial Circuit of Lee County, the court granted summary judgment in favor of an insurer where homeowners sought additional payment under a replacement cost value (RCV) provision — despite having accepted actual cash value (ACV) and never completing repairs. The plaintiffs’...

In Wellons v. Broward Water Consultants, Inc. (3D25-0146), out of the Third District Court of Appeal, the court upheld a trial judge’s ruling that refused to consider an untimely-filed summary judgment response brief — even though the brief would have been timely under the prior version of the rule. The case...

In Robbins v. McGrath, 955 So. 2d 633 (Fla. 1st DCA 2007), The First District Court of Appeals ruled that the wrongful act doctrine, though a recognized exception to the American Rule on attorney’s fees, must be affirmatively pled in the complaint to be awarded. The American ruled holds that generally, attorney's...

In Nogare v. Uber Technologies, 50 Fla. L. Weekly D1737 (11th Cir. 2025), the Eleventh Circuit affirmed a trial court’s decision to compel arbitration against a plaintiff who had clicked through Uber’s updated terms of service — including an arbitration clause — months before suffering personal injuries during a ride. The plaintiff filed suit...

In Amatulah v. Palmier, 50 Fla. L. Weekly D1730 (Fla. 3d DCA 2025), the Third District Court of Appeal agreed with the trial court's order that the plaintiff's litigation history placed her within the definition of a vexatious litigant, but reversed in part the trial court's order for an overstep: declaring the...