Florida District Courts of Appeal
15 published articles from this court.
The Sixth District held that Citizens' timely payment of an appraisal award was not a confession of judgment because the homeowners' lawsuit did not bring about the recovery.
The Third District held that Florida's good-faith defense for recipients of a debtor's money applies only to actual-fraud claims, not constructive-fraud claims.
The Fourth District upheld a $71,582.98 retainage award against GSD Contracting but struck $45,300 a Broward judge added for work the subcontractor never performed.
The Fourth District held that a partnership agreement's exclusive Nevada venue clause covers claims a trial judge had found existed independently of the agreement.
The Third District held res judicata could not bar buyers' bid to recover deposits above 15% after the developer resold their five units for more than the contract price.
The Third District held that Outfront lacked standing to attack a rival's kiosk deal because it claimed no special injury and no breach of its own contract rights.
The Fifth District held that two insureds failed to prove they needed a 2.0 contingency multiplier to hire a lawyer, cutting their fee award to the $125,080 lodestar.
The Fourth District held that a purchase contract's fee clause did not let the couple who took over a buyer's contract collect legal fees from the buyer.
The Third DCA held that Resolvion, which never signed Juan Gonzalez's Honda lease, cannot use its arbitration clause against his tort claims over his car's seizure.
The Third District held that two unit owners' suit over the association's payments was derivative, so the presuit demand rules for such suits applied.
The First District held that sovereign immunity bars an estate's negligence claims over a disabled man's placement and care, and ordered judgment for all three defendants.
The First District held that a city charter amendment cannot undo a special law, even when the Legislature wrote that law into the city's charter.
The Fourth DCA held that a party may win appellate fees as a sanction for an opponent's fabricated case law, making the plaintiffs and their lawyer jointly liable.
On remand from the Florida Supreme Court, the panel again reversed leave to seek punitive damages against Federal Insurance Co. and William Douberley but affirmed as to Harold Peerenboom.
A First District panel held a Leon County grand jury overstepped by calling a $10 million Centene payment to Hope Florida "misappropriated" while charging no one.