The following is a digest of Florida’s appellate court opinions concerning civil and probate cases from December 30, 2024 through January 3, 2025.
Links to opinions from 12-30-24 thru 1-3-25
In re MCP No 185 6th Cir File Name: 25a0002p.06 (6th Cir. Ct. App. Jan. 2, 2025). FCC lacked statutory authority to impose net-neutrality policies on Broadband Internet Service Providers.
https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0002p-06.pdf
CNJ Realty Associates, LLC v Yankiv, Case No. 2D2023-2132 (Fla. 2d DCA Jan 3 2025). Lower tribunal erred in granting summary judgment because there was a material dispute as to the effective date of the contract.
https://supremecourt.flcourts.gov/content/download/2445485/opinion/Opinion_2023-2132.pdf
Holdings Insurance Companies Accountable, LLC v American Integrity Insurance Company of Florida, Case No. 5D2023-2810 (Fla. 5th DCA Jan 3, 2025). Lower tribunal properly granted summary judgment because Appellant did not comply with the requirements of F.S. § 627.7152 concerning assignment of insurance benefits.
https://supremecourt.flcourts.gov/content/download/2445478/opinion/Opinion_2023-2810.pdf
Quality Automotive LLC v Ellis, Case No 2D2024-0228 (Fla. 2d DCA Jan 3 2025) Lower tribunal erred in denying motion to dismiss for lack of personal jurisdiction because Appellants did not commit a tortious act in Florida.
https://supremecourt.flcourts.gov/content/download/2445491/opinion/Opinion_2024-0228.pdf
Zimmerman v Financial Portfolios II, Inc., Case No. 1D2023-1028 (Fla. 1st DCA Jan. 2, 2025). Lower court erred in granting summary final judgment against appellant for defaulting on educational loan because appellee failed to establish its right to enforce the promissory note.
https://supremecourt.flcourts.gov/content/download/2445378/opinion/Opinion_2023-1028.pdf
Bandklayder Development, LLC v Sabaga, Case No. 3D-23-1906 (Fla 3d DCA Jan 2, 2025). In breach of contract case, lower court erred in evaluating damages as of the date of trial because there was no evidence of damages as of the date of loss
https://supremecourt.flcourts.gov/content/download/2445406/opinion/Opinion_2023-1906.pdf
Palm Bay Towers Condominium Association, Inc v Marrazza, Case No. 3D23-1952 (Fla. 3d DCA Jan 2, 2023). In a muti-count suit brought by several condominium owners against association for failing to maintain and repair building and marina, the lower court erred by granting Plaintiffs’ motion for leave to amend complaint to assert a claim for punitive damages because there were “no allegations of conduct constituting gross negligence or intentional misconduct.”
https://supremecourt.flcourts.gov/content/download/2445411/opinion/Opinion_2023-1952.pdf
Novoson v Del Vista Condominium Association, Inc., Case no. 3D23-1918 (Fla 3rd DCA Jan 2, 2025). On confession of error, the 3rd DCA held lower court erred by sua sponte entering two final orders purporting to “close this case as all judicial labor is complete” because a final order dismissing the case on February 7, 2018 reserved jurisdiction to enforce settlement agreement which provided for attorney’s fees to the prevailing party,
https://supremecourt.flcourts.gov/content/download/2445407/opinion/Opinion_2023-1918.pdf
Rosa v State of Florida, Case No. 3D24-1662 (Fla. 3d DCA Jan 2, 2025). Lower court erred by sua sponte entering orders requiring a fourteen-year-old indicted for first degree murder to disclose his private medical and other information.
https://supremecourt.flcourts.gov/content/download/2445420/opinion/Opinion_2024-1662.pdf
Pardes v Pardes, Case No. 3D24-1947 (Fla. 3rd DCA Jan 2, 2025). The 3rd DCA granted a petition for writ of certiorari holding that “the trial court acted outside of its jurisdiction in determining that the trial court, and not the private judge, should adjudicate pending prevailing party fee motions that relate to the matters over which the parties submitted to resolution by the private judge.”
https://supremecourt.flcourts.gov/content/download/2445421/opinion/Opinion_2024-1947.pdf
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Randall Reder