The decisions
- RJ's International Trading, LLC v. Crown Castle South, LLC (FL Supreme Court, October 29, 2026) — Prevailing-party fee clauses in easement agreements do not touch and concern the land, so they do not bind successors; fee entitlement requires an independent contractual basis. Read it →
- Walters v. Agency for Healthcare Administration (3rd DCA, October 7, 2026) — The 2021 amendment making cooperative unit interests real property is not retroactive. For a 2017 death, the co-op interest was not protected homestead and remained subject to AHCA's Medicaid claim. Read it →
- Patterson v. Van Diepen (1st DCA, October 7, 2026) — Failing to deposit rent under section 83.60(2) waives every defense except payment, including nonjoinder, as to possession, but it does not support a default damages judgment. Read it →
- Meb Loan Trust VI v. Isaacs (3rd DCA, October 7, 2026) — An incapacitated record titleholder remains an indispensable foreclosure defendant, defended by the guardian. Rule 1.260's ninety-day substitution rule does not apply when incapacity predated suit. Read it →
- Hatcher v. Restorical, LLC d/b/a Sydonie Mansion (6th DCA, October 30, 2026) — Proof of nuisance alone does not support a temporary injunction. Irreparable harm requires unquantifiable damages, likely total business destruction, or multiplicity of suits, not mere lost business. Read it →
- Martinez v. Guardia (3rd DCA, October 28, 2026) — Recording a mortgage under section 695.11 starts the clock on disqualification timeliness. Delay while continuing to litigate, plus prejudice, can defeat the motion without reaching the ethics merits. Read it →
Plus 10 more real property decisions in October 2026 — all in the tracker.
The practical upshot
- In easement and covenant disputes, confirm your client is an original party or has an independent contractual basis before pleading prevailing-party fees; draft express successor-binding fee language.
- For cooperative units, check the date of death: for deaths before July 1, 2021, the interest remains personalty without constitutional homestead protection against creditor claims.
- In foreclosures, name incapacitated titleholders as wards through their guardian. In residential evictions, registry-deposit defaults resolve only possession, so prove damages separately.
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