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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The Impact of Florida’s Business Divorce Laws on Partnerships
Partnerships and closely held businesses can be highly rewarding, but disputes between partners can threaten not only the stability of the business but also personal relationships. In Florida, legal principles governing “business divorces”, disputes between business partners that lead to dissolution or buyouts, are well-established, and understanding them is critical for protecting...
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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...
Negligence Out, Contracts In; Law of the Case Didn’t Bar Indemnity and Third-Party Beneficiary Claims Continue reading…
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...
The Basics of Non-Compete Violations in Florida Businesses
For many businesses in Naples and across Florida, non-compete agreements are an important tool to protect customer relationships, proprietary information, and investments in employee training. When these agreements are violated, the financial impact can be significant, ranging from lost clients to weakened competitive standing. At Boatman Ricci, we help Florida businesses...
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What You Should Know About Florida’s Construction Lien Law
Florida’s construction industry is thriving, especially in Naples and the surrounding areas, with a steady stream of residential and commercial projects. While construction can be profitable, it also carries unique legal risks, particularly when payments are delayed or withheld. Florida’s construction lien law is designed to protect contractors, subcontractors, material suppliers, and...
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