
Bad Process Can Undo a Default Judgment
In Gray v. Fifth Third Bank, 50 Fla. L. Weekly D1764 (Fla. 6th DCA 2025), the Sixth District Court of Appeal reversed a default judgment — not because of a novel legal argument, but because of a foundational procedural failure: the defendant was never properly served.
Fifth Third Bank had obtained...
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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...
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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...
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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...
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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...
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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.
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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...
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Case Jurisdiction Is Waivable – Subject Matter Jurisdiction Is Not
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...
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You Can Win and Still Lose: Why Damage Calculations Must Match the Date of Breach
In Vuletic Group LLC v. Malkin, 50 Fla. L. Weekly D1546 (Fla. 4th DCA 2025), the Fourth District Court of Appeal issued a stark warning: even if you prove liability and get a trial award, you can lose it all if your damages are calculated improperly.
The case involved a...
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The case involved a...
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...
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