The decisions
- McAllister v. Holman Automotive, Inc. d/b/a Lauderdale BMW of Fort Lauderdale (4th DCA, August 19, 2026) — Fourth DCA holds dealership loaners with identified consideration are Graves Amendment rentals, adopts Thayer, distinguishes Romero, and alternatively applies section 324.021(9)(c)3. immunity. Read it →
- Univision Communications, Inc. v. Carlos Enrique Luna Lam (3rd DCA, August 5, 2026) — Third DCA holds that an order striking an Anti-SLAPP motion under rule 2.515 is not a denial appealable under rule 9.130(a)(3)(J), which has no retroactive effect. Read it →
- Stout v. Cassity (2nd DCA, August 28, 2026) — Second DCA holds a party that fails to depose a timely disclosed expert cannot claim Binger surprise, and a voluntary expert summary does not cap trial opinions. Read it →
- Ontman v. Wells Fargo N.A. (S.D. Fla., August 21, 2026) — S.D. Fla., applying Florida law, holds receiving banks owe non-customer wire-fraud victims no duty absent a narrow fiduciary-knowledge exception, and internal KYC policies create no duty. Read it →
- Velie v. Walmart Stores East, LP (4th DCA, August 19, 2026) — Fourth DCA reverses a new-trial order and reinstates a $6.79 million verdict, holding section 59.041 requires record-supported prejudice and miscarriage of justice despite deferential review. Read it →
- Montonye v. United States of America (M.D. Fla., August 18, 2026) — M.D. Fla. applies section 766.102 in FTCA cases through Rule 601 and holds subsection (8) cannot qualify a different-specialty expert on a specialist's standard of care. Read it →
Plus 1 more personal injury decision in August 2026 — all in the tracker.
The practical upshot
- Depose disclosed opposing experts and properly serve expert discovery. Under Stout, trial surprise is self-inflicted, and informal summaries do not limit testimony absent a rule or order.
- In dealership loaner cases, scrutinize the signed agreement and the consideration exchanged. That record now drives Graves Amendment and section 324.021(9)(c)3. defenses in the Fourth DCA.
- Retain same-specialty standard-of-care experts for specialist defendants, including in FTCA cases. Anchor any juror-irregularity new-trial motion in record evidence of actual prejudice.
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