Florida Update Volume XIV, Issue 48

Florida Real Property and Business Litigation Report                                

Volume XIV, Issue 48

November 20, 2021

Manuel Farach


Mississippi v. Tennessee, Case No. 143, Orig. (2021).

No State has a sovereign right to the water in an aquifer, and the Court’s Equitable Apportionment jurisprudence (each of the States has an equality right to use the water at issue) applies to interstate, underground aquifers.


In Re: Redefinition of Appellate Districts and Certification of Need for Additional Appellate Judges, Case No. SC21-1543 (Fla. 2021).

The Florida Supreme Court certifies the need for a sixth appellate district and recommends it be based in the Northeast Florida area.


Auction Company of America v. Russell Revocable Trust, Case No. 3D20-1914 (Fla. 3d DCA 2021).

An auctioneer does not have a general, non-contractual legal duty to collect a deposit from a bidder before allowing a bid to be placed at auction.


Carrington Mortgage Services, LLC v. Nicolas, Case Nos. 3D21-1300, 3D21-1304, 3D21-1311, and 3D21-1320 (Fla. 3d DCA 2021).

A trial judge hearing a disputed factual issue should not issue an order to show cause why a witness should not be held in contempt as the result of the witness’s testimony.


El Brazo Fuerte Bakery 2 v. 24 Hour Air Service, Inc., Case No. 4D21-531 (Fla. 4th DCA 2021).

A trial court may not reduce a prevailing party’s requested hourly rate (and the expert’s requested hourly rate) absent competent substantial evidence or specific findings for such reductions.



Case Carrington Mortgage v. Nicolas
Case Auction Company v. Russell Trust
Case Mississippi v. Tennessee
Case In re Redifinition of Appellate Districts
Case El Brazo Fuerte v. 24 Hour Air Conditioning

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