When the Policy Isn’t Enough and Why High-Exposure Cases Demand Personal Counsel
Most Florida litigators have handled the standard insurance defense case. The way it typically progresses is that counsel is appointed, the file is opened, and the matter proceeds within the familiar framework of carrier guidelines and policy limits. In the vast majority of cases, that system works as intended. Insurance...
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Setoff Required When Plaintiff Settles Identical Claims – Trial Court Erred in Denying Defendant’s Request
In CBRE, Inc. v. DidierGroup, LLC, (Fla. 6th DCA Mar. 13, 2026), the Sixth District reversed part of a judgment, holding that a defendant is entitled to a setoff when the plaintiff settles identical claims with a co-defendant.
What happened:
DG sued CBRE for tortious interference and aiding/abetting a...
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DG sued CBRE for tortious interference and aiding/abetting a...
Not All Estate Administration Fees Support a Homestead Lien
In Dorn v. Hatwood as Personal Representative of the Estate of Dorn (Fla. 4th DCA Feb. 18, 2026), the Fourth District Court of Appeal addressed whether attorneys’ fees incurred in probate administration could be included as part of a lien against protected homestead property.
What happened:
Not All Estate Administration Fees Support a Homestead Lien Continue reading…
Pre-Suit Notice Requirement Applies Even to Expired Policies; Failure to File Notice Requires Dismissal
In Universal Property & Casualty Insurance Co. v. Griffin (Fla. 4th DCA Feb. 25, 2026), the Fourth District reversed a jury verdict for an insured in a property insurance dispute because the insured failed to comply with the statutory pre-suit notice requirement.
What happened:
The insured filed a breach...
Pre-Suit Notice Requirement Applies Even to Expired Policies; Failure to File Notice Requires Dismissal Continue reading…
The insured filed a breach...
Shared Counsel Can Defeat Privilege; The Common-Interest Exception in Joint Venture Negotiations
In Chetrit Group, LLC v. EquiShares, Inc., the Third District Court of Appeal addressed whether communications between business parties and an attorney involved in drafting a proposed joint-venture agreement were protected by the attorney-client privilege, or instead fell within Florida’s statutory common-interest exception.
The dispute arose from a...
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Compelled Arbitration Doesn’t Shift the Burden
In Moskovitz v. L.P. Evans Motors WPB, Inc. (Fla. 3d DCA Jan. 28, 2026), the Third District Court of Appeal addressed a recurring arbitration issue: when a case is stayed pending arbitration, who is responsible for initiating the arbitration proceedings?
The plaintiff, Moskovitz, sued a car dealership alleging...
Compelled Arbitration Doesn’t Shift the Burden Continue reading…
Why a Trial Court Can’t Enter a Final Dismissal While an Interlocutory Appeal Is Still Pending
In McBride v. Keller, 51 Fla. L. Weekly D280a (Fla. 5th DCA Feb. 13, 2026), the Fifth District vacated a county court order dismissing a complaint with prejudice because the trial court entered the final dismissal while an interlocutory appeal was still pending, even though the appellate court had dismissed the...
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Florida Court Enforces Broad Transfer Authority Granted in Trust and LLC Documents
A recent Florida Third District Court of Appeal decision highlights a point that often gets overlooked in business and estate planning: when a trust owns an LLC, and the governing documents give trustees/managers broad authority to act independently, courts will generally enforce that authority as written—even in the middle of a personal...
Florida Court Enforces Broad Transfer Authority Granted in Trust and LLC Documents Continue reading…
Fee Entitlement Starts (and Ends) with the Contract: Libman v. Cardiovascular Mobile Service and a Retainer-Drafting Wake-Up Call
Florida lawyers litigate fee entitlement all the time—but Libman v. Cardiovascular Mobile Service, Inc. is a clean reminder that courts don’t “fill in” attorney’s-fee rights that the contract doesn’t actually grant.
In Libman, the Third DCA reversed both (1) an order finding entitlement to fees and (2) a...
Fee Entitlement Starts (and Ends) with the Contract: Libman v. Cardiovascular Mobile Service and a Retainer-Drafting Wake-Up Call Continue reading…
Rule 1.190 Is Not Optional: Timing and Attachment Requirements for Punitive Damages
In Levine v. Levai, 51 Fla. L. Weekly D33a (Fla. 3d DCA Dec. 31, 2025), the Third District vacated a nonfinal order granting leave to add punitive damages because the plaintiffs did not attach the proposed amended complaint to their motion at least 20 days before the hearing, as required by...
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