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,...
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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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How to Navigate Commercial Real Estate Disputes in Florida
Commercial real estate transactions in Florida can be complex, involving significant financial investments, multiple parties, and detailed contracts. Disputes can arise over leases, property sales, construction defects, or zoning issues, and these conflicts can quickly escalate if not handled carefully. At Boatman Ricci, we help businesses and property owners in Naples...
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Proposals for Settlement Must Be Apportioned — Usually; Florida Law Requires Precision in PFS Unless Joint Liability Applies
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...
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Negligence Out, Contracts In; Law of the Case Didn’t Bar Indemnity and Third-Party Beneficiary Claims
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...
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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...
Lien Rights Preserved: Unjust Enrichment Survives Lien Enforcement Deadline
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...
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Waiver Holds Despite Non-Waiver Clause: Florida Court Enforces Jury Trial Waiver in Aircraft Storage Agreement
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...
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No Repairs, No Claim: MSJ Granted Where Homeowners Accepted ACV and Didn’t Complete Repairs
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’...
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