Category: Florida Law Weekly

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...

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...

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...

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.

In JJTB, Inc. v. Stephen, 50 Fla. L. Weekly S188 (Fla. 2025), the Florida Supreme Court resolved a conflict between district courts over whether “case jurisdiction” is waivable, and held that it is, unlike subject matter jurisdiction. The case arose after JJTB initiated a foreclosure action. The trial...