Florida Real Property And Business Litigation Report
Volume XVI, Issue 39
September 30, 2023
Manuel Farach
In Re: Amendments To Florida Rule of General Practice and Judicial Administration 2.215, Case No. SC2023-1114 (Fla. 2023).
Rule 2.215 is amended to require that individual judge and divisional practices and procedures, local rules, and administrative orders be located on each circuit’s website; that the practice of limiting attorneys or parties to communicate with the court solely by written letter is abolished, and that that each circuit must have a continuing review process in place to ensure that the requirements of the rule are met.
Cole v. Plantation Palms Homeowners Association, Inc., Case No. 2D22-3068 (Fla. 2d DCA 2023).
An expert report which does not conclusively establish the cause of foundation cracking in several homes may still be sufficient to defeat summary judgment.
TBC Florida, LLC v. Infinity Biscayne Myrtle Member, LLC, Case No. 3D22-1317 (Fla. 3d DCA 2023).
While release of a debtor typically releases a guarantor, a guarantor who guarantees a lease is not released from liability when the guaranty specified “Tenant” and the assignee became the new “Tenant” under the assigned lease.
Federal Insurance Company v. Perlmutter, Case Nos. 4D2022-1558, 4D2022-1560, & 4D2022-1562 (Fla. 4th DCA 2023).
The Fourth District follows the Third District and holds that a trial court must consider the evidentiary showing by both sides at the hearing of a motion to amend to allege punitive damages.
Mortgage Assets Management, LLC v. Unknown Spouse, Case No. 5D23-188 (Fla. 5th DCA 2023).
A party that complies with the certificate process Florida Statute section 90.803(6)(a) and (c) is not required to produce a live witness for trial on the certificated matters.