Notable Florida Decisions

An appeal of nonfinal orders in a foreclosure action must be dismissed when the orders do not fall within the categories of appealable nonfinal orders enumerated in Florida Rule of Appellate Procedure 9.130(a)(3).

A home acquired during marriage and transferred via quitclaim deed during a dismissed dissolution action constitutes marital property subject to equitable distribution, not nonmarital property, because the statutory cut-off date applies only to dissolution actions prosecuted to final judgment, and the wife waived enforcement of the prior marital settlement agreement. A trial court violates due process by sua sponte including child support arrearages in a final judgment when the issue was not raised in pleadings, joint pretrial statement, or at trial, and the parties stipulated no arrearages ex

A trial court may not award lump sum child support as a separate, designated award because the child support statute does not authorize such awards, but may award an undifferentiated lump sum combining alimony and child support in cases with unusual facts where the trial court has first calculated a guidelines-based child support amount and the undifferentiated award serves an equitable purpose. Legal research costs are not recoverable as suit money in dissolution proceedings. Temporary relief awards receive broader appellate deference than final judgments on alimony and child support.

A petition for dissolution of marriage is pending under section 61.08 until the trial court renders final judgment, not until final disposition on appeal. Therefore, the 2023 amendment to section 61.08 eliminating permanent alimony does not apply to judgments entered before July 1, 2023.

A trustee may distribute individual trust assets unequally between beneficiaries if the trust language permits discretionary distribution in kind with corresponding monetary adjustments, and each beneficiary receives an equal overall share of total trust assets.

A property owner owes a duty of reasonable care to investigate and address a roof leak when the lease restricts the tenant's access to the roof and the owner retains exclusive authority to investigate the source of the leak.

A trust permitting distribution of assets in kind with corresponding monetary adjustments allows unequal division of individual assets provided each beneficiary receives an equal overall share of total trust assets.

The Department failed to prove by clear and convincing evidence under section 39.806(1)(c) that the mother's continued involvement would threaten the child's life, safety, well-being, or physical, mental, or emotional health irrespective of services, because the record lacked evidence that the mother would not benefit from another case plan or that services would be futile. Termination was not the least restrictive means of protecting the child, as the Department did not establish that the mother was not amenable to services or that supervised visitation would be harmful, and the trial court's

A trial court retains continuing jurisdiction under section 960.292(2) to enter a civil restitution lien at any time during the convicted offender's sentence, and the four-year statute of limitations for civil actions does not apply to liens entered by motion in the sentencing court rather than as a separate civil action.

Contractual indemnity claims are governed by the express terms of the indemnification agreement, not by whether the indemnitee owed a tort duty to third parties, and a defendant seeking summary judgment must either produce evidence negating the claim or point out that the nonmoving party lacks evidence to prove it.

Non-parties have standing to challenge closure orders under the Florida Constitution's public records guarantee, and trial courts cannot seal entire court files in eviction proceedings based on parties' agreement when the sealed information concerns matters inherent to the civil proceeding, such as litigant names.

The Commission's approval of the RSAM-ADP does not violate the Depreciation Rule because the rule does not prohibit depreciation parameters resulting in a reserve surplus; it only requires investigation of corrective measures and explanation of any proposed transfers. The Commission's approvals of the RSAM-ADP and RSAM are supported by competent substantial evidence and fall within the Commission's delegated discretion to choose among reasonable policy alternatives for correcting reserve imbalances. The Commission's prior practice of approving the RSAM only in settlement agreements does not es

The Court amended Rule 5-1.1(g)(5) to require participating financial institutions to pay the Wall Street Journal Prime Rate in effect on the first business day of each month less 300 basis points (3.00%), with a floor of 0.25% and a ceiling of 1.50%, net of all fees and charges. The amendment became effective June 30, 2026.

The trial court did not abuse its discretion in denying durational alimony because the wife failed to meet her burden of proving the husband's ability to pay alimony after his employment terminated on December 31, 2024; past earnings alone cannot support imputation of income without evidence of future employment potential, qualifications, available jobs, and prevailing wages. The trial court also did not abuse its discretion in denying nominal alimony because the wife presented no evidence that the husband's inability to pay was temporary or that his financial circumstances would reasonably ch

An oral modification of a written real estate contract requiring written modifications is enforceable only if the proponent establishes mutual assent, subsequent conduct consistent with the modification, and additional consideration beyond the original contract. Here, the buyer failed to establish mutual assent because the parties' communications reflected continued bargaining rather than a clear and unequivocal meeting of the minds, the sellers' conduct was inconsistent with any modification, and no additional consideration was agreed upon. Additionally, the automatic extension provision in P

Lump sum child support awards designated solely as child support are prohibited under Florida law and must be converted to monthly payments calculated under the child support guidelines. An undifferentiated lump sum award combining alimony and child support may be affirmed in temporary relief proceedings when the trial court has first calculated a separate guidelines-based child support amount and the unusual facts—including evidence that the obligor intentionally structured business entities and trusts to minimize apparent income and exclude the spouse from wealth—support an additional equita

A subordinate lienholder in a foreclosure action is limited to liens shown on the face of the pleadings when claiming surplus funds, and therefore the City could recover only the $671.01 utilities lien identified in the original foreclosure complaint, not the $1,712,200 in code enforcement liens recorded after the lis pendens was filed. The statutory definition of "subordinate lienholder" in section 45.032(1)(b) requires that the lien be shown on the face of the pleadings as an encumbrance on the property, and this definitional limitation applies to any claim for surplus funds under section 45

Property titled in a revocable trust constitutes protected homestead property of the settlor, and upon the settlor's death, the homestead exemption inures to the settlor's heirs, protecting the property from creditors' claims unless the trust specifically directs its sale.

A postconviction claim that trial counsel was ineffective for failing to retain an independent medical expert to counter a medical examiner's testimony regarding the absence of physical injury is legally sufficient and requires an evidentiary hearing when the defendant alleges the expert would have testified that physical signs of injury would be apparent given the nature and frequency of the alleged acts.

Once a notice of appeal is filed from a nonfinal order, the trial court loses jurisdiction to enter a final order disposing of the cause without leave of the appellate court.

The FDUTPA claim was properly dismissed because the contract explicitly disclosed the pricing structure and the customer approved all invoices, failing to establish deception or unfair practices. The flooring credit award was supported by competent evidence independent of any settlement communication.

A trial court may deny termination of parental rights despite proving grounds for termination by clear and convincing evidence when the trial court finds, after considering all statutory best-interest factors, that reunification is possible with services, a safety plan, and ongoing judicial oversight.

Section 742.045, Florida Statutes, as presently written, does not authorize an award of appellate attorney's fees in paternity actions. The court receded from McNulty v. Bowser and aligned with the Third and Sixth Districts' interpretation that the statute's phrase 'any proceeding under this chapter' applies only to trial court proceedings.

An appeal of a nonfinal order granting post-judgment intervention and vacating a final judgment must be treated as a petition for writ of certiorari, and dismissal is required when the appellant fails to establish irreparable harm, which is a jurisdictional prerequisite for certiorari relief.

The Department of Health's final order revoking the appellant's medical license and imposing an administrative fine was affirmed. Any potential venue defect in filing the appeal in the Sixth District was waived by the parties' acquiescence and does not prevent the court from exercising its subject matter jurisdiction over the administrative appeal.

A trial court commits reversible error when it dismisses a complaint based on facts and documents outside the four corners of the complaint or on affirmative defenses that are not apparent on the face of the complaint. Affirmative defenses requiring extraneous facts must be resolved at summary judgment or trial, not at the motion to dismiss stage.

A trial court does not abuse its discretion in granting remittitur when a jury's damages award for future medical expenses is not supported by evidence presented at trial with reasonable certainty, even if a document in the record could theoretically support a higher figure if interpreted favorably to the plaintiff.

A law firm must be disqualified from representing a party when a former judge who presided over the matter joins the firm, if the firm fails to provide written notice to the parties and tribunal and the evidence of screening consists of inadmissible unsworn statements.

When a tenant files a timely motion to determine rent with supporting documentation that raises disputed issues of fact, the trial court must conduct an evidentiary hearing to resolve those disputes before entering a default judgment; the court may not weigh the sufficiency of the documentation to avoid holding the hearing.

To prevail in a retaliation claim under section 448.103 alleging a violation of section 448.102(3), an employee must establish by a preponderance of the evidence that the employer's activity, policy, or practice to which the employee objected is, by definition, in violation of law. The statute does not require proof of an actual completed violation, an adjudication of illegality, or that the employee held a good faith, objectively reasonable belief in the violation. The word "is" in section 448.102(3) is used in its definitional sense, equating the employer's conduct with conduct that violates