Business and Legal Insights

The Whitlow opinion provides a thoughtful and scholarly discussion regarding the importance of jury trials, the purpose of summary judgment proceedings, and the practical impacts of the new summary judgment rule.Read More

In a recent case, Florida’s Second District Court of Appeal offered a reminder that the fundamental—and limited—purpose of a preliminary injunction is to maintain the status quo.Read More

In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of residential property might not think to even review the original deed, such a review is necessary because...Read More

More than one business owner this week has wondered aloud: “Why is my lawyer spending so much time (and, therefore, money) on the minutiae of the Operating Agreement? Does any of that matter, anyway?”  In response to that question, Florida’s Third District Court of Appeal (Third DCA) reminds us that the rights granted by an...Read More

In a recent case, Florida’s Second District Court of Appeal (“Second DCA”) held that a commission-splitting agreement—even a very lopsided one—should not be analyzed under Florida’s restrictive covenant statute because such an agreement is not a “restraint of trade” under Florida law.Read More