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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Don’t Duck Depos: Court Sanctions Plaintiff for Repeated Discovery Misconduct

In Green v. Mann, 50 Fla. L. Weekly D1734 (Fla. 2025), the court upheld severe sanctions, including striking pleadings and entering default, against a plaintiff who repeatedly refused to comply with discovery requests and court orders. Green initiated suit against Mann and JM & IC Investments, LLC, for...
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Arbitration Binds Successors When Language Says So – Facility’s Successor Must Enforce Agreement It Inherited

In Presidential Place v. Davis, 50 Fla. L. Weekly D____ (Fla. 3d DCA 2025), the court enforced an arbitration agreement signed by a now-deceased nursing home resident — even though the facility seeking to compel arbitration was a new owner not named in the original contract. The background: Sue Davis, a...
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No Arbitration for You: Hospital Can’t Enforce Contract It Didn’t Sign

In Morrissey v. Wellington Regional Medical Center, 50 Fla. L. Weekly D1737 (Fla. 4th DCA 2025), the Fourth District Court of Appeal reversed a trial court ruling that had improperly forced a physician into arbitration — even though the hospital trying to compel arbitration was not a party to the employment contract that contained the arbitration clause.
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No Acceleration Clause? No Future Rent: Commercial Eviction Damages Limited Without Contractual Authority

In Hourglass Entertainment v. NRG Investments, 50 Fla. L. Weekly D1538 (Fla. 2d DCA 2025), Florida’s Second District Court of Appeal reiterated a simple but often-overlooked rule in commercial lease disputes: you can’t recover future rent unless your lease expressly allows it. In this case, the landlord obtained a final...
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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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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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