Florida Real Property and Business Litigation Report
Volume XVI, Issue 49
December 9, 2023
Manuel Farach
Acheson Hotels, LLC v. Laufer, Case No. 22-429 (2023).
The Court dismissed the case as moot and left unresolved the circuit court split on the issue of whether Americans with Disabilities Act (ADA) “testers,” i.e., those who sue physical locations for violations of the ADA have standing to bring suit if they did not and had no intention of visiting the locations.
Sweetapple v. Asset Enhancement, Inc. (In re: Asset Enhancement, Inc.), Case No. 22-11389 (11th Cir. 2023).
Contrary to the general rule that awards granting entitlement to attorney’s fees but not setting the amount are “final decisions” for appellate purposes, a sanctions award requires the amount of fees imposed as a sanction be determined before it is a “final decision.”
In Re: Amendments To Florida Rule of Civil Procedure 1.041 And Form 1.933, Case No. SC2023-0361 (Fla. 2023).
The Florida Supreme Court creates Rule of Civil Procedure 1.041 outlining the process for attorneys to appear in limited fashion in matters and amends Rule of Civil Procedure form 1.933 (Account Stated), both amendments to take effect April 1, 2024.
Florida Gulf Coast Chapter Associated Builders & Contractors, Inc. v. City of St. Petersburg, Case No. 2D22-953 (Fla. 2d DCA 2023).
It is reversible error for a trial court to enter summary judgment without detailing the reasons for its granting of the summary judgment.
Grozdanovic v. Alliance RE Holdings, LLC, Case No. 3D22-0689 (Fla. 3d DCA 2023).
An order which requires a party to make an interim payment while leaving intertwined factual matters unresolved is not reviewable by appeal as a “final order” but is reviewable by writ of certiorari.