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Coverage since January 2, 2026

Civil Procedure

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Candlewood Custom Homes v. Saunders — Fourth District affirms unjust enrichment award, rejects magistrate disqualification claim over $100 campaign contribution

The Fourth District affirmed a $20,544 unjust enrichment award and rejected a disqualification challenge based on a magistrate’s $100 campaign contribution to the political opponent of a party’s attorney, finding no appearance of impropriety.

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Johnson v. Smith — Ninth District reverses summary judgment, holds negligence per se claim for sidewalk defect survives despite open-and-obvious doctrine

The Ninth District reversed summary judgment for a property owner in a sidewalk fall case, holding that the open-and-obvious doctrine does not override negligence per se based on a municipal ordinance requiring sidewalk maintenance, and that the plaintiff’s statement about tripping was admissible as an excited utterance.

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Smith v. Avery — Fifth District affirms trust distribution to decedent’s heirs after all named beneficiaries died without issue

The Fifth District affirmed a probate court’s interpretation of the Robert H. Fox Revocable Living Trust, holding that when all named beneficiaries died intestate and without issue, the trust assets should be distributed to the settlor’s heirs under the trust’s residual provision rather than reverting to the trustee.

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