Florida's Appellate Courts — Decisions as they issueSunday, November 15, 2026
Legal news and general information — not legal advice. No attorney-client relationship is created. Read more

Coverage by Practice Area

The latest decision in each area — click a headline to read, or “See all” for the full archive.

Appellate Procedure

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Must a Properly Executed Campaign Account Check Be Signed by the Treasurer, Not the Candidate? Yes, Third DCA Held
In Medina v. Timothe, the Third DCA affirmed disqualification of a North Miami council candidate who personally signed his own qualifying-fee check…
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Attorney's Fees

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Does the Lower Section 57.105(1) Standard Apply to Fee Sanctions in a Domestic Violence Injunction Case? No, the Fourth DCA Held
In Fitzpatrick v. Fitzpatrick, the Fourth DCA held a court may only consider fee-sanction motions in a dismissed domestic violence injunction case…
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Bankruptcy

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A bankrupt company’s Subchapter S tax election isn’t shielded from its owner by the automatic stay, Eleventh Circuit rules
John Owoc — founder of VPX/Bang Energy — wanted to revoke the company's Subchapter S tax status after its Chapter 11 filing.…
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Bar Discipline

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Can a lawyer be disciplined for a false statement to a court without proof he knew it was false? Not under rule 4-3.3(a)(1), the Florida Supreme Court says
The Florida Supreme Court approved a referee's finding that The Florida Bar did not prove Omar Medina, Jr. knowingly made false statements…
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Business & Commercial Litigation

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Can a Trial Court Award Unliquidated Damages Against a Defaulted Defendant Without a Trial? No, the Fourth DCA Held
In First Care Therapy v. Congress Ave Boynton, the Fourth DCA affirmed a landlord's default judgment on liability but reversed the damages…
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Civil Rights

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Does Florida’s Veterans’ Preference in Promotion Law Cover a Hybrid Promotion Process? Yes, the Second DCA Held
In Lamb v. City of Tampa, the Second DCA held that Florida's veterans' preference in promotion statute required the City to promote…
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Consumer Protection

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Does a Broad Arbitration Clause Cover a General Negligence Claim Without a Contractual Nexus? No, the Fourth DCA Held
In Boberg v. Ox of South Florida, the Fourth DCA reversed an order compelling arbitration of a pool-deck slip-and-fall negligence claim for…
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Court Rules

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Can a Probate Court Remove a Pro Se Personal Representative for Defying an Order to Hire a Lawyer? Yes, the Third DCA Held
In Friedman v. In Re: Estate of Bonny L. Wax, the Third DCA affirmed removing a pro se personal representative and trustee…
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Criminal Defense — Federal

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Sentencing a defendant under Guidelines amended after his crime violated the Ex Post Facto Clause, Eleventh Circuit rules
Rodney Brown's 324-month sentence for Hobbs Act robbery and a firearm offense used a 2023 Sentencing Guidelines amendment that didn't exist when…
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Criminal Defense — State

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Can a Domestic Violence Injunction Rest on Incidents Not in the Petition? No, the Sixth DCA Held, and Reversed
In Bayouth v. Reguero-Bayouth, the Sixth DCA reversed a five-year domestic violence injunction because the trial court relied on incidents not pled…
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Downward Departure

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A Judge Who Rejects a Downward Departure Doesn’t Have to Explain Why on the Record, First DCA Rules
Weber v. State · No. 1D2025-1427 (Fla. 1st DCA) · Decided September 30, 2026 More analysis may follow as additional information is…
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Can a court deny a pro se plea challenge without letting the defendant amend it? Not on most claims, the Second DCA says
The Second DCA affirmed denial of two claims in Tracz's pro se postconviction motion but reversed the rest, so she can try…
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Employment Law

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A port security guard doesn’t automatically dodge arbitration under the transportation-worker exemption, First DCA rules
Phillip Miller argued his job securing a port meant his employment discrimination claim couldn't be forced into arbitration. The First District affirms…
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Estate Planning & Probate

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Can a Probate Court Remove a Pro Se Personal Representative for Defying an Order to Hire a Lawyer? Yes, the Third DCA Held
In Friedman v. In Re: Estate of Bonny L. Wax, the Third DCA affirmed removing a pro se personal representative and trustee…
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Family Law

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Can Parental Rights Be Terminated for Failing a Reunification Case Plan Before Its Goal Was Reunification? No, the Fourth DCA Held
In M.S. v. Department of Children and Families, the Fourth DCA reversed termination of parental rights based on a reunification case plan…
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Foreclosure Defense

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Does a bank’s payment mix-up excuse a homeowner who stopped paying? No, the Second DCA says in a Hillsborough foreclosure
The Second DCA reversed a Hillsborough judgment denying foreclosure, holding that disputed 2015 payment reversals did not excuse the homeowners' missed payments…
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Government & Municipal

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Can Florida Housing Deny Funding After Misreading the RFA’s Dedicated Space Requirement? Yes, the First DCA Held
In BDG Fern Grove Phase Two v. WHFT LL Workforce, the First DCA held Florida Housing wrongly read an unwritten "dedicated space"…
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Guardianship

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Florida Supreme Court Amends Probate Rules for Guardianship Forms and Accountings and for Curators
In re Amendments to Florida Probate Rules · Nos. SC2026-0558 and SC2026-1351 (Fla.) · Decided October 15, 2026 More analysis may follow…
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HOA & Condo Law

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Does a Temporary Stay Pending Arbitration Support Certiorari in a Condo Defect Case? No, the Third DCA Held
In Urbana at the Residences Condominium No. 3 Association v. White Course Lennar, the Third DCA dismissed a certiorari petition challenging a…
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Immigration Law

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Florida’s robbery-by-sudden-snatching conviction is an ‘aggravated felony’ that blocks cancellation of removal, Eleventh Circuit rules
Rishi Ramdial argued his Florida robbery conviction was too minor to count as a deportable theft offense. The Eleventh Circuit denies his…
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Injunctions & Protective Orders

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Can a Florida Appeals Court Review an Untimely Challenge to an Injunction Entered in a Separate Case? No, the Sixth DCA Held
In Wilcoxon v. Wilcoxon, a Sixth DCA panel affirmed a dissolution judgment without comment and dismissed, for lack of jurisdiction, an untimely…
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Insurance & Bad Faith

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Does an Arbitration Decision Emailed as an Invoice Attachment Count as Valid Service? No, the Second DCA Held
In Koppert v. Homeowners Choice, the Second DCA held that an arbitration decision emailed as an invoice attachment was not properly served,…
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Judicial Discipline

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Judge Who Told Parties He Would “Like to Tell the Deputy to Pull His Gun” in Frustration Gets a Public Reprimand, Florida Supreme Court Rules
Inquiry Concerning a Judge, JQC No. 2025-1109, Re: J. Layne Smith · No. SC2026-0476 (Fla.) · Decided September 24, 2026 More analysis…
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Landlord-Tenant

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Can a Trial Court Strike a Final Judgment Provision on Its Own Months Later? No, Not for a Perceived Legal Error
In Taplin Falls v. Brown, the Fourth DCA reversed a county court that, on its own, struck a 45-day fee-motion provision from…
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Medical Malpractice

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Whether a birth-injury claim belongs before NICA or a jury has to be decided first, Third DCA rules
Mount Sinai Medical Center partially wins a fight over whether an administrative law judge must first decide if a baby's neurological injury…
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New Filings & Complaints

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Seminole Tribe Sues DraftKings Over Pick6 and Sportsbook Products, Invokes Florida RICO Act Against CEO
Seminole Tribe of Florida v. DraftKings, Inc., Jason Robins, and GUS III LLC · No. CACE-26-016435 (Fla. 17th Cir. Ct., Broward Cnty.)…
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Personal Injury

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Can a Res Ipsa Loquitur Instruction Apply When a Passenger Could Have Caused the Driver to Lose Control? No, the Second DCA Held
In Crocker v. Rein, the Second DCA held a res ipsa loquitur instruction was erroneously given in a motorcycle crash case because…
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Real Estate & Property

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Can Florida Housing Deny Funding After Misreading the RFA’s Dedicated Space Requirement? Yes, the First DCA Held
In BDG Fern Grove Phase Two v. WHFT LL Workforce, the First DCA held Florida Housing wrongly read an unwritten "dedicated space"…
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Workers Compensation

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Maitland Can’t Shift a Retired Firefighter’s Heart-Disease Claim to His Later Employer, First DCA Rules
City of Maitland v. McGovern · No. 1D2025-2729 (Fla. 1st DCA) · Decided October 7, 2026 More analysis may follow as additional…
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