• Economic Loss Rule: application of the economic loss rule is limited to products liability cases; receding from prior case law to the extent inconsistent with this holding Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Cos., No. SC10-1022 (Fla. Mar. 7, 2013) (answering rephrased certified question) [Note: Justice Pariente wrote a concurring opinion to explain that the majority’s conclusion “does nothing to alter” the basic common law principles of contract, e.g., the independent tort doctrine, that already restrict the remedies available to parties who have specifically negotiated for those remedies, irrespective of the economic loss rule]
  • Foreclosure: trial court erred in dismissing foreclosure complaint for lack of verification where complaint had been verified by loan servicer as attorney in fact for plaintiff pursuant to power of attorney that predated filing of complaint Deutsche Bank Nat’l Trust Co. v. Prevratil, No. 2D12-2030 (Fla. 2d DCA Mar. 8, 2013) (granting petition for writ of certiorari)
  • Easement: court erred in finding plaintiffs had right, title, or interest in easement where plaintiffs failed to prove prescriptive right to use or that easement was within the chain of title to their property Tift v. San Sebastian Harbor Project, LLC, No. 5D11-2471 (Fla. 5th DCA Mar. 8, 2013) (affirming amended final judgment in part, reversing in part)
  • Foreclosure: plaintiff not entitled to summary judgment of foreclosure where fact issue remained as to whether plaintiff had standing to foreclose at time complaint was filed Charley v. Green Tree Servicing, LLC, No. 4D11-551 (Fla. 4th DCA Mar. 6, 2013) (reversing final summary judgment)
  • Foreclosure: summary judgment of foreclosure prematurely granted where lender failed to refute borrower’s affirmative defense of unclean hands Shahar v. Green Tree Servicing, LLC, No. 4D11-1111 (Fla. 4th DCA Mar. 6, 2013) (reversing in part)