Florida Real Property and Business Litigation Report
Volume XVII, Issue 18
May 4, 2024
Manuel Farach
In Re: Amendments To Florida Rule of Appellate Procedure 9.130, Case No. SC2023-0438 (Fla. 2024).
Rue 9.130(a)(3)(H) (interlocutory review of nonfinal orders that confirm, deny, modify, correct, or vacate arbitration orders) is moved to subsection (a)(3)(I).
Hamilton v. Citizens Property Insurance Corporation, Case No. 3D23-1934 (Fla. 3d DCA 2024).
A violation of Florida Statute section 90.613 (portions of a document that a witness relies on to refresh his or her recollection during his or her deposition testimony must be produced to the opposing party notwithstanding claims of privilege) is remediable by certiorari.
Roque v. Swezy, Case No. 3D23-1836 (Fla. 3d DCA 2024).
Requiring the imaging and production of the entire contents of a party’s cellphone cannot be justified merely because it is the quickest and most efficient method to obtain the information sought; a trial court directing the disclosure of private information must balance the right of privacy against the need for the discovery, and the burden is on the party seeking disclosure to establish that the invasion of privacy is warranted and the method requested is the least intrusive means to obtain the discovery sought.
Calixte v. Coastal Building Contractors, LLC, Case No. 4D2024-012 (Fla. 4th DCA 2024).
A party cannot employ Florida Statute section 713.24 (lienor must show cause in 20 days why lien should not be discharged) if the lien was not proper in the first place, e.g., the lienor had not complied with the Notice to Owner requirements.
Hernando County v. Hernando County Fair Association, Inc., Case No. 5D2023-1060 (Fla. 5th DCA 2024).
The Continuing Breach Doctrine applies to leasehold and sale of real property transactions, and if applied, extends the statute of limitations.