Florida Real Property and Business Litigation Report
Volume XVIII, Issue 13
March 29, 2025
Manuel Farach
United States v. Miller, Case No. 23–824 (2025).
https://www.supremecourt.gov/opinions/24pdf/23-824_2d93.pdf
The sovereign immunity waiver under §106(a) of the Bankruptcy Code applies only to the federal cause of action established by §544(b) and does not extend to state-law claims nested within that federal claim.
Vericker v. Powell, Case No. SC2022-1042 (Fla. 2025).
https://supremecourt.flcourts.gov/content/download/2449609/opinion/Opinion_SC2022-1042.pdf
A district court of appeal does not have certiorari jurisdiction to immediately review the denial of a motion brought under one of Florida’s three Anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes.
In Re: Amendments To Florida Rule of Appellate Procedure 9.130, Case No. SC2024-1798 (Fla. 2025).
https://supremecourt.flcourts.gov/content/download/2449610/opinion/Opinion_SC2024-1798.pdf
Florida Rule of Appellate Procedure 9.130 is amended to add new subdivision (a)(3)(J) to allow interlocutory review by appeal of nonfinal orders that deny a motion under one of the Anti-SLAPP statutes.
International Construction Consultants, Inc. v. Match, Case No. 2D2023-208 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2449648/opinion/Opinion_2023-2081.pdf
Summary judgment is not appropriate when the determination of whether a construction consultant, who did not hold a construction license, took on a construction role was not clear from the record.
Florida Keys Towing, Inc. v. CarMax Auto Superstores, Inc., Case No. 3D23-1009 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2449528/opinion/Opinion_2023-1009.pdf
A statute which states a suit regarding a subject matter “may” be filed in the county court does not authorize the county court to issue a monetary judgment in excess of its jurisdiction.
Zoldan v. The Entrada Condominium, Inc., Case No. 4D2024-2196 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2449554/opinion/Opinion_2024-2196.pdf
Absent a stay being entered, a court should disburse monies held in the court registry once entitlement to those funds has been determined, i.e., the court does not have to wait for the outcome of an appeal before disbursing.