Florida's Appellate Courts — Decisions as they issueWednesday, November 4, 2026
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Real Estate & Property

Florida Lawyer News · Real Estate & Property Coverage

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Nov 3, 2026

Does res judicata bar buyers from suing for condo deposits a developer kept after reselling the units? Not where it would work an injustice, the Third DCA says

The Third DCA reversed the dismissal of condo buyers' deposit claims, holding res judicata will not be applied where it would defeat the ends of justice.

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Nov 1, 2026

Does a prevailing-party fee clause in an easement run with the land? No, the Florida Supreme Court says

The Florida Supreme Court held that a prevailing-party attorney's fee provision in an easement agreement does not run with the land, answering an Eleventh Circuit certified…

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Oct 28, 2026

Can a Florida judge deny partition and order a co-owner to take out a reverse mortgage instead? No, the Third DCA says

Three people owned a single-family home in equal shares, and after a trial the judge refused to order it sold. Instead the judge ordered one owner…

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Sep 26, 2026

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, 2026 More analysis may…

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Aug 26, 2026

A 2018 permit denial can’t revive a development plan the state barred back in 1973, First DCA rules

Key Haven waited 45 years to challenge the state's halt on its Florida Keys dredge-and-fill project, then sued when a new permit application was denied. The…

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