• Damages/Construction Defects: measure of damages for construction defects is generally cost of correcting defects; if owner chooses to proceed with more expensive design than originally contemplated, recovery limited to reasonable cost of repair under original design -- Kirtikos & Jupiter Holding Co., LLC v Anderson, Case Nos. 4D11-43, 4D11-2575 (Fla. 4th DCA April 24, 2013) (reversed for new trial on damages)
  • Release: property owner’s release of subcontractor which expressed intent to limit release to subcontractor did not bar general contractor’s claim for indemnification against subcontractor to recover amounts paid to ownerPilot Constr. Servs., Inc. v Babe’s Plumbing, Inc., Case No. 2D11-6009 (Fla. 2d DCA April 24, 2013) (motion for rehearing granted)
  • Landlord-Tenant: landlord entitled to retain unused portion of rent, payable per lease in one lump sum for entire term, upon landlord’s proper termination of lease and was not unjustly enriched therebyAtlantis Estate Acquisitions, Inc. v Depierro, Case No. 4D11-295 (Fla. 4th DCA April 24, 2013) (reversing final judgment)
  • Insurance: interpretation of property insurance policy is a question of law Ergas v Universal Prop. & Cas. Ins. Co., Case No. 4D11-3803 (Fla. 4th DCA April 24, 2013) (affirming summary judgment)
  • Discovery/Privilege Log: time for filing a privilege log is tolled until the court rules on objections to discovery DLJ Mortgage Capital, Inc. v Fox, Case No. 4D12-2264 (Fla. 4th DCA April 24, 2013) (petition granted)