Florida Real Property and Business Litigation Report
Volume XVIII, Issue 10
March 8, 2025
Manuel Farach
Mid-America Apartment Communities, Inc. v. Jiminez, Case No. 2D2024-0780 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2449008/opinion/Opinion_2024-0780.pdf
The Second District adopts Lennar Homes, LLC v. Wilkinsky, 353 So. 3d 654 (Fla. 4th DCA 2023), and holds the Significant Relationship Test for arbitrability of claims applies only when “the arbitration agreement uses broad language that does not expressly include the claim at issue.”
Pierre’s Caribbean Cuisine LLC v. LeaseFlorida LLC, Case No. 3D24-0512 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2448895/opinion/Opinion_2024-0512.pdf
A landlord suing a tenant cannot employ a jury trial waiver contained in a lease guaranty but not the lease to exclude a jury trial on disputes regarding the lease.
Amazulu Transport, Inc. v. Dinkins, Case No. 6D23-2353 (Fla. 6th DCA 2025).
https://6dca.flcourts.gov/content/download/2449023/opinion/Opinion_2023-2353.pdf
The Sixth District holds that a trial judge is not required to make affirmative findings when permitting a plaintiff to plead punitive damages, conflict certified with the Third, Fourth, and Fifth District Courts of Appeal.