You Can Win and Still Lose: Why Damage Calculations Must Match the Date of Breach
Florida Case Analysis by Melissa Boatman Linebaugh, J.D., Senior Law Clerk
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...
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The Role of Pre-Suit Demand Letters in Florida PI Cases
If you’ve been injured in an accident in Florida, whether it was a car crash, a slip and fall, or another form of negligence, recovering compensation may not always require a drawn-out court battle. In many cases, a well-crafted pre-suit demand letter can lead to a successful resolution before a lawsuit is...
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Understanding the Legal Process for HOA Foreclosures in Florida
Homeowners’ associations (HOAs) and condominium associations (COAs) are common across Florida, offering shared amenities, maintenance, and structure to residential communities. But when a homeowner falls behind on assessments or fees, the association has legal options to collect, including foreclosure. For both homeowners and board members, understanding the legal process behind HOA foreclosure...
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Can You Withdraw a Construction Bid in Florida? What Contractors Need to Know
In Florida’s fast-paced construction industry, contractors routinely submit bids for private and public projects with strict deadlines and competitive pricing. But what happens if you realize that your bid contains a critical error—or if circumstances change before the bid is accepted? Can a contractor legally withdraw a construction bid in Florida? The...
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Plead It or Lose It: The Perils of Unpled Theories at Summary Judgment
Florida Case Law Insights by Stephen Schahrer, Esq. – July 24, 2025 Edition
In Lutheran Services of Florida, Inc. v. Davis (2d DCA), Florida’s Second District Court of Appeal delivered a reminder that every litigator needs to internalize: you can’t win on a theory you never pled.
The case arose from a dispute...
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The case arose from a dispute...
Say It, Don’t Imply It: Trial Courts Must Explain Their Summary Judgment Rulings
Florida Case Analysis by Alexander Rabinowitz, Esq. - July 24, 2025 Edition
In Open Range Properties v. AmeriHome Mortgage Co., the Fifth District Court of Appeal reversed a final summary judgment of foreclosure because the trial court failed to comply with the 2021 revision to Florida Rule of Civil Procedure 1.510(a).
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No Ouster, No Rent: Why Co-Tenants Living Rent-Free Is Still the Rule in Florida
Florida Case Law Insights by Melissa Boatman Linebaugh, J.D. – July 24, 2025 Edition
In a short but telling appellate decision, a Florida court reversed a trial court’s award of over $100,000 in back rent in a partition case between siblings, reaffirming a principle that’s been settled law since...
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Life Estate Meets Trust Conflict: Widow’s Attempted Sale Triggers Breach and Forfeiture
Presented by the Boatman Ricci Litigation Team
Florida Case Analysis by Tylan T. Ricketts, Esq. - July 24th, 2025 edition In Varano v. Varano, a Florida appellate court confronted a probate and real estate conflict packed with issues of authority and fiduciary missteps: a widow holding a life estate in...
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Florida Case Analysis by Tylan T. Ricketts, Esq. - July 24th, 2025 edition In Varano v. Varano, a Florida appellate court confronted a probate and real estate conflict packed with issues of authority and fiduciary missteps: a widow holding a life estate in...
How to Protect Your Florida Business from a Breach of Fiduciary Duty
In the world of business, trust is everything. Business partners, executives, and directors often hold legal responsibilities known as fiduciary duties—duties that require them to act in the best interests of the company and its stakeholders. When someone in a trusted position breaches those duties, it can lead to severe financial losses,...
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What to Do After a Truck Accident in Florida If You Plan to File a Lawsuit
Truck accidents are among the most serious collisions on Florida roadways. With the massive size and weight of commercial vehicles, these crashes often result in catastrophic injuries, substantial property damage, and even fatalities. If you’ve been involved in a truck accident and are considering a lawsuit, it’s critical to take the proper...
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