Florida Real Property and Business Litigation Report
Volume XVIII, Issue 20
May 17, 2025
Manuel Farach
Bariana v. Florida Health Sciences Center, Inc., Case No. 2D2024-1355 (Fla. 2d DCA 2025).
https://2dca.gov/content/download/2452127/opinion/Opinion_2024-1355.pdf
Florida Statute section 542.336 (invalid restrictive covenants for physicians) voids restrictive covenants that would otherwise be valid as restriction of necessary medical services is “not supported by a legitimate business interest.”
Sikes v. R.J. Reynolds Tobacco Company, Case No. 3D23-1124 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2452006/opinion/Opinion_2023-1124.pdf
A trial court’s use of a “randomized jury selection method” does not create reversible error unless appellant preserves jury selection issues for appeal by the standard method of exhausting peremptory challenges, identifying objectional jurors still on the jury panel, requesting and being denied additional peremptory challenge as to the objectionable juror, and objecting to the composition of the jury prior to the jury panel being sworn.
Paraiso CU-1, LLC v. PRH Paraiso Four, LLC, Case No. 3D23-1697 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2452010/opinion/Opinion_2023-1697.pdf
A cancellation provision in a pre-construction condominium purchase agreement which states that buyer is entitled to cancel within 15 days of receipt of the condominium documents (including the declaration) permits a buyer to cancel within 15 days of receipt of a new declaration which shows the as-built unit contracted in size.
Shaw v. Calles, Case No. 3D23-2133 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2452020/opinion/Opinion_2023-2133.pdf
Noneconomic nuisance damages must “be specially stated” in the operative pleading under the principle that special damages must be “particularly specified in a complaint in order to apprise the opposing party of the nature” of the damages claimed.
Chimouni v. Victory Avenir, LLC, Case No. 4D 2024-1133 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2451999/opinion/Opinion_2024-1133.pdf
Although hearsay, tax returns of a business entity are admissible under Florida Statute section 90.803(18) as admissions or statements of a party opponent.
Bank of America, N.A. v. Richemond, Case No. 5D2023-1268 (Fla. 5th DCA 2025).
https://5dca.flcourts.gov/content/download/2452139/opinion/Opinion_2023-1268.pdf
A court of equity may reform a written instrument to the extent that the parties’ intentions are not accurately expressed within the instrument due to either a mutual mistake or a unilateral mistake coupled with inequitable conduct by the other party, but the mistake must have occurred at the time the parties reduced the contract to writing.