The decisions
- Tess v. Springfield, Inc. (M.D. Fla., September 30, 2026) — Under Florida's long-arm statute, a federal court rejected 'reverse alter-ego' jurisdiction and found no connexity for a predecessor that exited the business before the product was made. Read it →
- Town of Southwest Ranches v. Supreme Organics, LLC (4th DCA, September 23, 2026) — Fourth DCA holds an order striking an untimely sovereign-immunity summary judgment motion, without reaching the merits, is not appealable under Rule 9.130(a)(3)(F)(iii); one judge dissented. Read it →
- Velez Rivera v. Lopes (4th DCA, September 2, 2026) — Fourth DCA holds counsel may argue in closing the absence of properly excluded evidence, limiting Hernandez/JVA Enterprises to cases where the exclusion itself was erroneous. Read it →
- Doe v. Doe (3rd DCA, September 30, 2026) — Third DCA extends Perez v. Gallego to deposition-only stays. A civil plaintiff invoking the Fifth Amendment cannot avoid his own deposition while deposing the defendant. Read it →
- Fraser v. Truist Bank (M.D. Fla., September 28, 2026) — Federal court holds UCC Article 4/4A preempts bank negligence claims based on electronic transfers, not in-person conduct, and requires plausibly pleaded FAPSA vulnerability and exploitation. Read it →
- Charles Ausburn v. Wesley Chapel-T, LLC (2nd DCA, September 25, 2026) — Second DCA confirms a plaintiff who cannot identify the substance cannot prove constructive knowledge under section 768.0755(1). Rainwater theories there were rejected as stacked inferences. Read it →
Plus 10 more personal injury decisions in September 2026 — all in the tracker.
The practical upshot
- In products cases, plead independent jurisdictional facts for each parent or predecessor entity. Under Tess, control by another nonresident defendant does not establish jurisdiction.
- Raise sovereign immunity within trial-order deadlines. In the Fourth DCA, an order striking a late immunity motion is not immediately appealable.
- In transitory-substance cases, develop evidence identifying the substance and how long it was present. Ausburn treats inability to identify it as fatal at summary judgment.
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