The Briefing

The Third District Court of Florida recently reversed a trial court’s nonfinal order allowing a Plaintiff to amend her complaint to assert claims for punitive damages after determining the Plaintiff failed to proffer sufficient evidence to support a reasonable basis for recovery of such damages. McLane Foodservice Inc. et al, v. Wool, 49 Fla. L. […]

Except for certain exempt improvements,[1] the recording of a notice of commencement must precede the commencement of construction to improve real property. See Edwin Taylor Corporation v. Mortgage Electronic Registration Sys., Inc., 311 So. 3d 139 (Fla. 2d DCA 2020). The notice of commencement itself serves two purposes. First, it serves to protect the owner […]

The Supreme Court of Florida recently released opinions implementing critical changes to the Florida Rules of Civil Procedure. Generally, these changes relate to many aspects of case management, such as scheduling, pleadings, and discovery. One of these changes will have a particularly significant impact on defendants and how they must assert affirmative defenses. On June […]