A General Waiver Allegation Is Enough to Survive a Motion to Dismiss on Conditions Precedent — Even When Presuit Mediation Compliance Is Disputed

In Wells Fargo Bank, N.A. v. Rio Poco Homeowners’ Association, Inc. (Fla. 4th DCA 2026), the Fourth District Court of Appeal reversed the dismissal of a case that had been predicated on the failure to properly serve a pres-suit mediation demand. Wells Fargo acquired a residential property through...
A General Waiver Allegation Is Enough to Survive a Motion to Dismiss on Conditions Precedent — Even When Presuit Mediation Compliance Is Disputed Continue reading…

When Partition Gets Complicated: Lessons on Offsets, Ouster, and the Evidence You Need

Partition actions look simple on paper. Two people own property together, they can’t
agree on what to do with it, a court orders a sale, and the proceeds get split. Easy
enough — until someone starts asking about offsets. That’s where things get interesting,
and a recent Florida appellate opinion offers a useful reminder of...
When Partition Gets Complicated: Lessons on Offsets, Ouster, and the Evidence You Need Continue reading…

No Transcript, No Reversal; Preservation Can Decide Discovery Sanctions Appeals

In Rachkov v. Medvednik (Fla. 2d DCA Apr. 8, 2026), the Second District Court of Appeal addressed an important discovery sanctions issue: what happens when a party challenges an order striking pleadings but failed to preserve the argument below and failed to provide a transcript on appeal. The answer was straightforward....
No Transcript, No Reversal; Preservation Can Decide Discovery Sanctions Appeals Continue reading…

Miss the Deadline, Lose the Case: The Sixth DCA Reinforces Strict Appellate Timelines

In litigation, timing isn’t just important—it’s everything. A recent decision from Florida’s Sixth District Court of Appeal serves as a stark reminder that arguments can be lost entirely if procedural deadlines are missed. In Dorsey v. Hearns (6th DCA 2026), the appellate court didn’t reach the merits of...
Miss the Deadline, Lose the Case: The Sixth DCA Reinforces Strict Appellate Timelines Continue reading…

Winning on Liability Makes You the Prevailing Party — Even If You Don’t Recover Everything You Asked For

In Lam v. Modern Tampa Bay Homes, Inc. (Fla. 2d DCA 2026), the Second District Court of Appeal addressed a question that comes up frequently: when a party wins on liability but recovers only a fraction of the damages it sought, is it still the "prevailing party" for purposes of attorney's...
Winning on Liability Makes You the Prevailing Party — Even If You Don’t Recover Everything You Asked For Continue reading…

You Can’t Touch This: Why Creditors Can’t Force a Reverse Mortgage Draw

In Jhelum Enterprises, LLC v. Desmarais, decided March 25, 2026, Florida's Fourth District Court of Appeal confronted a scenario that no Florida court had previously addressed. A judgment creditor — armed with a $54,000-plus judgment stemming from a fraudulent transfer finding — tried to reach roughly $62,000 sitting in a homeowner's...
You Can’t Touch This: Why Creditors Can’t Force a Reverse Mortgage Draw Continue reading…