Florida Update Volume XVIII, Issue 04

Florida Real Property and Business Litigation Report

Volume XVIII, Issue 4

January 25, 2025

Manuel Farach

 

In Re: Amendments To Florida Rules of Civil Procedure, Case No. SC2023-0962 (Fla. 2025).

https://supremecourt.flcourts.gov/content/download/2446235/opinion/Opinion_SC2023-0962.pdf

The Florida Supreme Court further amends the Rules of Civil Procedure, including revisions to Rules 1.340 and 1.350 to require that objections based on proportionality must be specific and contain reasoning, to Rule 1.350 to require discovery objections to state whether any documents are being withheld on the basis of the objection, and to Rule 1.280 to require initial disclosures to be filed before a party can initiate discovery.

 

The Recovery Agents, LLC v. Tutko, Case No. 2D2024-0476 (Fla. 2d DCA 2025).

https://2dca.flcourts.gov/content/download/2446179/opinion/Opinion_2024-0476.pdf

A finding under Florida Statute section 726.105(1)(a) of a fraudulent conveyance of assets typically requires an evidentiary hearing.

 

Everett Brothers Recycling, Inc. v. Martin County, Case No. 4D2023-2943 (Fla. 4th DCA 2025).

https://4dca.flcourts.gov/content/download/2446174/opinion/Opinion_2023-2943.pdf

Special damages are required for standing purposes when claiming a valid zoning ordinance is not being properly enforced by governmental authorities.

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