The First DCA affirmed summary judgment against a pari-mutuel permitholder challenging the constitutionality of a 2021 statutory provision requiring permit revocation from permitholders that had not operated in the previous fiscal year, rejecting due process, equal protection, and takings arguments.
The Third DCA reversed a summary judgment ruling that text messages between a tenant and property manager modified lease terms, holding that a court cannot grant summary judgment on a theory of contract modification that was never pled in the complaint.
The Fourth DCA partially reversed a partition order, holding that a co-tenant seeking credit for rent paid at an alternate property must present evidence of the reasonable rental value of the jointly-owned property, not merely evidence of rent paid elsewhere.
The Fourth DCA reversed the trial court’s judgment in favor of a corporate officer in an FDUTPA enforcement action by the Attorney General against a company that sold hydrogen-water machines with unsupported health claims and a misleading ‘case study’ reimbursement program.
The Fourth DCA reversed a judgment for specific performance and damages in a residential real estate transaction, holding that the buyer breached by failing to close on the contractual time-is-of-the-essence closing date when her financing fell through due to a reduced appraisal.
The Fourth DCA reversed, holding that the downstream transfer of post-loss insurance benefits from a service provider to an accounts-receivable purchaser constitutes a regulated ‘assignment agreement’ under section 627.7152, Florida Statutes.
The Fourth DCA reversed a trial court’s order prohibiting further pro se filings, holding that successive Rule 3.800(a) motions are permitted under Florida law and that the defendant’s new Erlinger challenge to his PRR sentence had not been previously raised.
The Fourth DCA reversed a declaratory judgment holding that section 286.011(1), Florida’s Sunshine Law, requires labor arbitration hearings between a public employer and a police union to be open to the public, finding the statute applies only to meetings of collegial public bodies.
The Fourth DCA reversed a trial court’s reduction of attorney fees from over $20,000 to $3,412 in a landlord-tenant case, finding the court abused its discretion by reducing hourly rates based solely on an independent review of attorneys’ Bar profiles and by slashing hours without adequate explanation.
The Fourth DCA reversed an equitable distribution scheme that required the former wife to pay a $121,000 equalization payment at $300/month over nearly 34 years, finding it effectively deprived the former husband of his share during his lifetime.
The Fourth DCA reversed a dissolution judgment that included $100,000 in retirement withdrawals used for marital expenses in equitable distribution without a finding of intentional misconduct, and that failed to provide a mechanism ensuring husband is compensated if wife does not refinance the marital home.
The Fourth DCA affirmed convictions for sexual battery of a child, holding that a six-person jury was proper where the death penalty was not legally available for the offense at the time it was committed, and rejecting the defendant’s Sixth and Fourteenth Amendment arguments for a twelve-person jury.
The Fourth DCA affirmed that a city’s code violation liens recorded after a lis pendens was filed were not entitled to foreclosure surplus funds, holding the city was not a ‘subordinate lienholder’ under section 45.032 because its liens were extinguished by the foreclosure sale.
The Fourth DCA affirmed the trial court’s denial of durational alimony where the husband’s employment was set to terminate the month after the final hearing, finding no abuse of discretion in the trial court’s determination that the husband lacked ability to pay.
The Second DCA reversed a default eviction judgment where tenants timely filed motions to determine rent alleging the landlord agreed to reduced rent due to hurricane damage, holding the county court erred by entering default without first conducting an evidentiary hearing on the rent motions.
The Second DCA affirmed the trial court’s remittitur reducing a $2 million future medical expenses verdict to $1,274,433.71 in a negligence case, finding the reduction was supported by the record evidence regarding frequency and cost of ongoing pain treatments.
The Fifth DCA reversed the denial of a motion to disqualify a law firm that hired the retired judge who had presided over a dissolution case for sixteen months, finding that the firm’s employment of the former judge created an appearance of impropriety requiring disqualification.
The Second DCA reversed a dismissal with prejudice of a tortious interference claim involving Engle-progeny tobacco litigation referral fees, holding the trial court improperly relied on an affirmative defense and facts outside the complaint’s four corners in granting the motion to dismiss.
The Fifth DCA reversed a $300,000 surcharge against a personal representative for breach of fiduciary duty, holding that the surcharge improperly equated the withdrawn purchase offer with actual damages without evidence of the property’s fair market value.
The Fifth DCA reversed dismissal of a homeowner’s insurance complaint, reaffirming that the notice requirement in section 627.70152, Florida Statutes, does not apply retroactively to policies issued before the statute’s enactment.
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Case Walter Javier Arrazola Mendivil v. The Florida Bar Court Supreme Court of Florida Judge Muñiz (Ron DeSantis, 2019) Date