The decisions
- Holdings JJJ, LLC v. Jamie Rand and Julie Rand, as Trustees of the JLR Family Trust dated July 23, 2007; and Robert James and Lucilene James (2nd DCA, September 18, 2026) — In the Second District, a generic 'AAA rules' reference may not delegate arbitrability, and a clause covering the 'transaction, sale, or closing' reaches corrective-deed and fraudulent-concealment claims. Read it →
- Traska v. Board of County Commissioners of Brevard County (5th DCA, September 10, 2026) — Section 70.51(19) imposes a ministerial duty, enforceable by mandamus, to file a written recommendation; whether conduct extended the 165-day period is a fact question. Read it →
- Benedetto v. EXP Realty, LLC (4th DCA, September 30, 2026) — Applying Perlmutter, the Fourth District reviews punitive-damages amendment rulings de novo and bars trial courts from weighing the opponent's counter-evidence when evaluating a section 768.72 proffer. Read it →
- Benedetto v. EXP Realty, LLC (4th DCA, September 30, 2026) — Recording a memorandum of contract that omits a no-recording clause and closing date to block resale can support pleading punitive damages, but the proffer must be individualized per defendant. Read it →
- 400 Sunny Isles Marina Condominium Association, Inc. v. 400 Sunny Isles Master Condominium Association, Inc. (3rd DCA, September 24, 2026) — Through its cited authorities, this per curiam affirmance confirms a declaration controls conflicting subordinate lease provisions and its use rights cannot be impaired without consent or proper amendment. Read it →
- Built Green Corp. v. Environ Condominium II, Association, Inc. (4th DCA, September 23, 2026) — A condominium association that pleads only affirmative defenses cannot obtain a money judgment for assessments; collection requires a counterclaim, and a summary judgment motion cannot enlarge the pleadings. Read it →
Plus 13 more real property decisions in September 2026 — all in the tracker.
The practical upshot
- In real estate contracts, name the AAA rule set (Commercial or Construction) that expressly delegates arbitrability; a generic 'AAA rules' reference may not delegate in the Second District.
- Association counsel defending declaratory or tax-deed suits should counterclaim to recover unpaid assessments; affirmative defenses and general prayers for relief will not support a money judgment.
- When seeking punitive damages for wrongful recording, build a separate proffer for each defendant showing personal knowledge or participation in preparing and recording the instrument.
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