Week In Review

Headnotes of selected Florida Supreme Court and District Courts of Appeal cases filed the week of
October 12, 2026 - October 16, 2026

Civil Law Headnotes (Jump to Criminal Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Contracts -- Municipal corporations -- Advertising displays in city rights-of-way -- Declaratory judgments -- Dismissal -- Standing -- Case or controversy -- Special injury -- Trial court did not err in dismissing, for lack of standing, a complaint against a business competitor and the city seeking declaration that city's contract with plaintiff's competitor violated various state and local laws prohibiting freestanding advertising kiosks in rights-of-way where plaintiff did not claim that competitor's contract with city violated any of the rights conveyed to plaintiff through its own contract with the city or by state or federal law -- Comparison between federal and Florida doctrines of standing -- “Competitor standing” -- Holding in Skaggs-Albertson's v. ABC Liquors read as narrowly recognizing a special injury for liquor stores that challenge a decision to allow competitor in a location that violates regulations prohibiting operation of such businesses within certain distances of each other, and plaintiff did not qualify for this special injury or claim any other special injury as basis for standing
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Contracts -- Real property sale -- Condominium units -- Pre-construction sale -- Rescission -- Return of portion of deposit following purchasers' failure to close -- Res judicata -- Equitable considerations -- Actions against developer alleging developer breached purchase agreements by failing to return amount of deposits exceeding 15% of purchase price as required by provision of purchase agreements and seeking rescission based on developer's failure to comply with section 718.202(1)(a) governing return of funds after buyer's termination of contract -- Trial court erred in dismissing complaint with prejudice after finding that, although “unfair and inequitable,” result was mandated by appellate court's prior ruling that developer did not breach contract by failing to complete units by specific date -- Florida Supreme Court “has long recognized that res judicata will not be invoked where it would defeat the ends of justice” -- In case at issue, developer's sale of units for more than the original total contract price and retention of full amount of purchasers' deposit resulted in windfall to the developer where agreement required return of portion of deposits that exceed 15% of purchase price or the amount of damages incurred by seller as result of breach, whichever was greater -- Reversed and remanded
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Florida Probate Rules -- Amendment -- Curators -- Form for petition, notice, and order for appointment of guardian advocate of person -- Response to 2026 legislative changes
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Probate rules -- Amendment -- Guardian accounting -- Objection to guardianship reports -- Form for petition to determine incapacity -- Form for Petition and order of guardian -- Letters of Guardianship -- Forms for initial and annual guardianship plans -- Form for petition, notice, and order for appointment of guardian advocate of person -- Letters of guardian advocacy -- Inventory
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Rules of Civil Procedure -- Amendment -- Case Management -- Pretrial procedure
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Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
To see others not presented here, log in for more comprehensive weekly listings.

No headnotes selected for this area this week.