Judge Can’t Just Label You Vexatious Without Due Process; “Vexatious Litigant” Designation Requires Procedure

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...
Judge Can’t Just Label You Vexatious Without Due Process; “Vexatious Litigant” Designation Requires Procedure Continue reading…

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...
You Can’t Wait to Waive – Choice of Law Arguments Must Be Timely or They’re Lost Continue reading…

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...
Don’t Duck Depos: Court Sanctions Plaintiff for Repeated Discovery Misconduct Continue reading…

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...
Arbitration Binds Successors When Language Says So – Facility’s Successor Must Enforce Agreement It Inherited Continue reading…

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.
No Arbitration for You: Hospital Can’t Enforce Contract It Didn’t Sign Continue reading…

Stephen C. Schahrer Among Select Florida Attorneys Certified in Business Litigation

Approximately 7% of Florida lawyers hold Board Certification, the Bar’s highest recognition of legal expertise. Naples, FL. August 18, 2025. Boatman Ricci is pleased to announce that Stephen C. Schahrer, Esq., has been officially Board Certified in Business Litigation by The Florida Bar — a distinction held by...
Stephen C. Schahrer Among Select Florida Attorneys Certified in Business Litigation Continue reading…

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...
No Acceleration Clause? No Future Rent: Commercial Eviction Damages Limited Without Contractual Authority Continue reading…