Florida's Appellate Courts — Decisions as they issueMonday, October 12, 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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Pro Se Appellants Who Cited Fictitious Cases Are Barred From Further Pro Se Appeals in Their Case, Second DCA Rules
Washington v. Justice · No. 2D2025-2678 (Fla. 2d DCA) · Decided October 7, 2026 More analysis may follow as additional information is…
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Attorney's Fees

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Insureds Didn’t Prove a Fee Multiplier Was Needed, So a $250,160 Award Drops to the $125,080 Lodestar, Fifth DCA Rules
Security First Insurance Co. v. Annon · No. 5D2025-1458 (Fla. 5th DCA) · Decided October 9, 2026 More analysis may follow as…
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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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No coverage posted yet in this area.

Business & Commercial Litigation

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A lease’s forum-selection clause doesn’t reach claims about fees paid before the lease existed, Sixth DCA says
A forum-selection clause buried in an equipment lease governs only suits “commenced hereunder” — so it can’t be used to toss a…
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Civil Rights

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A Trial Court Can’t Use Contempt to Collect an Anti-SLAPP Fee Judgment, Fifth DCA Rules
Kou v. Florida Republican Senatorial Campaign Committee, Inc. and Ben Albritton · No. 5D2025-3518 (Fla. 5th DCA) · Decided September 25, 2026…
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Consumer Protection

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A hydrogen-water ‘wellness’ company’s reimbursement bait-and-switch violated Florida’s consumer protection law, Fourth DCA rules
The Attorney General wins its appeal against one of three individual owners of Trusii, a company accused of luring customers with a…
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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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Six-Person Jury Challenge Fails “Under Current Precedent” as U.S. Supreme Court Reviews the Issue in Kian, Second DCA Rules
Bass v. State · No. 2D2025-0626 (Fla. 2d DCA) · Decided October 2, 2026 More analysis may follow as additional information is…
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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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Pointing out a DUI defendant’s refusal to take field tests isn’t burden-shifting, Fourth DCA rules
Telling a jury that a defendant's refusal to perform roadside exercises or a breath test shows ‘consciousness of guilt’ doesn't improperly shift…
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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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Florida’s 2021 Co-op “Real Property” Amendment Isn’t Retroactive, So a Decedent’s Co-op Unit Wasn’t Protected Homestead, Third DCA Rules
Walters v. Agency for Healthcare Administration · No. 3D25-0817 (Fla. 3d DCA) · Decided October 7, 2026 More analysis may follow as…
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Family Law

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Divorce Judgment Inconsistent With Its Parenting Plan and Silent on Mortgage Liability Is Partly Reversed, Fifth DCA Rules
Janosky v. Janosky · No. 5D2025-1404 (Fla. 5th DCA) · Decided October 9, 2026 More analysis may follow as additional information is…
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Foreclosure Defense

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An Incapacitated Title Holder Must Stay a Named Foreclosure Defendant, and Rule 1.260 Didn’t Require Substituting His Guardian, Third DCA Rules
Meb Loan Trust VI v. Albert Isaacs, et al. · No. 3D25-1280 (Fla. 3d DCA) · Decided October 7, 2026 More analysis…
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Government & Municipal

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State-Assigned Support Coordinators Were Immune as State Agents Despite a Contract Calling Them Independent, First DCA Rules
Crandall Medical Consulting, LLC v. Gainey · No. 1D2025-2124 (Fla. 1st DCA) · Decided October 7, 2026 More analysis may follow as…
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HOA & Condo Law

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Condo Owners Suing Under Section 718.303 Must Meet Derivative-Suit Presuit Requirements When Their Claims Are Derivative, Third DCA Rules
Gratigny Park Condominium No. 1, Inc. v. Reinier Vargas Perez and Alina Garcia Gonzalez · No. 3D26-1268 (Fla. 3d DCA) · Decided…
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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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A Condo Neighbor’s Obnoxious Conduct Didn’t Show Substantial Emotional Distress for a Harassment-Based Stalking Injunction, Second DCA Rules
Gerow v. Schrock · Nos. 2D2025-0933 and 2D2025-1015 (Fla. 2d DCA) · Decided October 2, 2026 More analysis may follow as additional…
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Insurance & Bad Faith

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Insureds Didn’t Prove a Fee Multiplier Was Needed, So a $250,160 Award Drops to the $125,080 Lodestar, Fifth DCA Rules
Security First Insurance Co. v. Annon · No. 5D2025-1458 (Fla. 5th DCA) · Decided October 9, 2026 More analysis may follow as…
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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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A Tenant’s Failure to Deposit Rent Into the Court Registry Decides Possession Only, Not Damages, First DCA Rules
Blackmon-Patterson v. Van Diepen · No. 1D2025-2879 (Fla. 1st DCA) · Decided October 7, 2026 More analysis may follow as additional information…
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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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A Truck Driver Who Can’t Read English Doesn’t Face Punitive Damages for a Fatal Crash, Fifth DCA Rules
Gresham v. FEC Highway Services, LLC · No. 5D2024-2555 (Fla. 5th DCA) · Decided September 25, 2026 More analysis may follow as…
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Real Estate & Property

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Losing Part of a Rooftop View Isn’t Enough to Sue Over a Zoning Variance, Second DCA Rules
Talbot, LLC v. City of Tampa and 1704 17th Street Venture, LLC · No. 2D2025-1729 (Fla. 2nd DCA) · Decided September 25,…
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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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