Lost Wages and Future Earnings: Recovering Financially After a Personal Injury
A serious personal injury can derail your life in more ways than one. Beyond the physical pain and emotional stress, many victims are left facing steep financial consequences—especially when their injuries interfere with their ability to work. In Florida, injured parties have the legal right to pursue compensation not only for medical...
Lost Wages and Future Earnings: Recovering Financially After a Personal Injury Continue reading…
Lien Rights Preserved: Unjust Enrichment Survives Lien Enforcement Deadline
In Fernandez v. Berkeley House Condominium, Inc., the Florida Third DCA addressed whether a contractor who missed the 60-day deadline to file a lien foreclosure action could still pursue recovery under an equitable theory of unjust enrichment. The answer: yes.
Fernandez, through his company First Response, performed work for Berkeley House...
Lien Rights Preserved: Unjust Enrichment Survives Lien Enforcement Deadline Continue reading…
Waiver Holds Despite Non-Waiver Clause: Florida Court Enforces Jury Trial Waiver in Aircraft Storage Agreement
In Haedo Transportation Solutions, LLC v. Signature Flight Support, LLC 50 Fla. L. Weekly D1885 (Fla. 3d DCA 2025), Florida’s Third District Court of Appeal affirmed a summary judgment that enforced both exculpatory language and a jury trial waiver clause in an aircraft storage agreement — even though the contract also...
Waiver Holds Despite Non-Waiver Clause: Florida Court Enforces Jury Trial Waiver in Aircraft Storage Agreement Continue reading…
Construction Delays, Litigation Can Follow Hurricanes: A Guide for Property Owners
Guest commentary written by Stephen Schahrer, Shareholder of Boatman Ricci
When a hurricane tears through a community, the damage left behind can feel overwhelming. For property owners, the priority is to get repairs done quickly so that life and business can return to normal. But too often, homeowners and business owners face months of waiting as construction drags on—or worse, never gets completed at all.
This raises a pressing question: If repairs are delayed after a hurricane, do property owners have legal recourse against the contractor or construction company?
What Happens When a Business Breaks a Verbal Contract in Florida?
In the fast-paced world of business, many agreements start with a handshake or a phone call rather than a formal written contract. While this may feel efficient at the time, when disputes arise, the question becomes: is a verbal contract enforceable? At Boatman Ricci, we help Florida businesses and individuals understand...
What Happens When a Business Breaks a Verbal Contract in Florida? Continue reading…
No Repairs, No Claim: MSJ Granted Where Homeowners Accepted ACV and Didn’t Complete Repairs
In Brennan and Anthony Calello v. Florida Peninsula Insurance Company, 20th Judicial Circuit of Lee County, the court granted summary judgment in favor of an insurer where homeowners sought additional payment under a replacement cost value (RCV) provision — despite having accepted actual cash value (ACV) and never completing repairs.
The plaintiffs’...
No Repairs, No Claim: MSJ Granted Where Homeowners Accepted ACV and Didn’t Complete Repairs Continue reading…
Florida Court Affirms Discretion to Reject Untimely Response Brief
In Wellons v. Broward Water Consultants, Inc. (3D25-0146), out of the Third District Court of Appeal, the court upheld a trial judge’s ruling that refused to consider an untimely-filed summary judgment response brief — even though the brief would have been timely under the prior version of the rule.
The case...
Florida Court Affirms Discretion to Reject Untimely Response Brief Continue reading…
Court Denies Attorney Fees Where Theory Was Raised Too Late
In Robbins v. McGrath, 955 So. 2d 633 (Fla. 1st DCA 2007), The First District Court of Appeals ruled that the wrongful act doctrine, though a recognized exception to the American Rule on attorney’s fees, must be affirmatively pled in the complaint to be awarded.
The American ruled holds that generally, attorney's...
Court Denies Attorney Fees Where Theory Was Raised Too Late Continue reading…
Uber’s Arbitration Clause Survives Unconscionability Challenge
In Nogare v. Uber Technologies, 50 Fla. L. Weekly D1737 (11th Cir. 2025), the Eleventh Circuit affirmed a trial court’s decision to compel arbitration against a plaintiff who had clicked through Uber’s updated terms of service — including an arbitration clause — months before suffering personal injuries during a ride.
The plaintiff filed suit...
Uber’s Arbitration Clause Survives Unconscionability Challenge Continue reading…
Boatman Ricci Secures $440,000 Verdict for Clients in Real Estate Fraud Case
Jury finds sellers liable for concealing severe water and mold damage in Glades County property.
Fort Myers, FL. September 3, 2024. (Law Firm Newswire) Boatman Ricci is proud to announce a significant trial victory in Daniel and Kim Morrison v. Donald and Rickie Harless (Glades County Case No. 2022-CA-105). Following...
Boatman Ricci Secures $440,000 Verdict for Clients in Real Estate Fraud Case Continue reading…