Florida Case Commentaries

Speculation Is Insufficient: Newly Discovered Evidence About a Defense Expert’s Later Misconduct Does Not Satisfy Jones Absent a Probable Lesser Sentence

Date: Sep 19, 2026

Speculation Is Insufficient: Newly Discovered Evidence About a Defense Expert’s Later Misconduct Does Not Satisfy Jones Absent a Probable Lesser Sentence I. Introduction In Benjamin Davis Smiley, Jr....

Unified “Florida Supreme Court Approved Family Law Forms” and Court-Controlled Form Governance Outside Rulemaking

Date: Sep 12, 2026

Unified “Florida Supreme Court Approved Family Law Forms” and Court-Controlled Form Governance Outside Rulemaking I. Introduction In In Re: Amendments to Florida Family Law Rules of Procedure and...

Florida Reaffirms: “New” Expert Reviews Are Not Newly Discovered Evidence; Warrant-Period Speed Is Not a Due-Process Violation Absent Denied Notice/Opportunity

Date: Sep 4, 2026

Florida Reaffirms: “New” Expert Reviews Are Not Newly Discovered Evidence; Warrant-Period Speed Is Not a Due-Process Violation Absent Denied Notice/Opportunity I. Introduction In Daniel O. Conahan,...

Florida Appellate Rule Amendments Establish “Petition-Only” Service on Order-Issuing Officials Unless They Elect Further Service

Date: Aug 31, 2026

Florida Appellate Rule Amendments Establish “Petition-Only” Service on Order-Issuing Officials Unless They Elect Further Service 1. Introduction In In Re: Amendments to Florida Rules of Appellate...

Mandamus to Compel Judicial Appointments: Mootness Upon Appointment and Renewed Debate Over Writ Power Against the Governor

Date: Aug 8, 2026

Mandamus to Compel Judicial Appointments: Mootness Upon Appointment and Renewed Debate Over Writ Power Against the Governor 1. Introduction In Kevin Emas v. Ron D. DeSantis, Governor (SC2026-0985),...

Florida Probate Rules (2026): § 733.612 Enforcement Treated as Adversary Proceedings; Small-Estate and Summary Administration Thresholds Increased

Date: Aug 8, 2026

Florida Probate Rules (2026): § 733.612 Enforcement Treated as Adversary Proceedings; Small-Estate and Summary Administration Thresholds Increased 1. Introduction In In Re: Amendments to Florida...

Florida Death-Warrant Litigation: Rule 3.852 Records Require a Nexus to a Colorable Claim; Speculative Lethal-Injection, Elderly, and “Execution-Pace” Challenges Are Not Cognizable

Date: Jul 23, 2026

Florida Death-Warrant Litigation: Rule 3.852 Records Require a Nexus to a Colorable Claim; Speculative Lethal-Injection, Elderly, and “Execution-Pace” Challenges Are Not Cognizable I. Introduction In...

Prospective Application of Florida’s Post–SB 450 Nonunanimous Death-Recommendation Scheme Is Procedural and Not Ex Post Facto

Date: Jul 18, 2026

Prospective Application of Florida’s Post–SB 450 Nonunanimous Death-Recommendation Scheme Is Procedural and Not Ex Post Facto I. Introduction In Patrick R. McDowell v. State of Florida (Fla. July 16,...

Florida Probate “Small Estate” Expansion and New Adversary Classification for Enforcing Personal Representative Authority (2026)

Date: Jul 17, 2026

Florida Probate “Small Estate” Expansion and New Adversary Classification for Enforcing Personal Representative Authority (2026) 1. Introduction In In Re: Amendments to Florida Probate Rules - 2026...

Foster v. State (Fla. 2026): Deference to Postconviction Credibility Findings Defeats Coercion-Based Brady/Giglio Claims; Polygraph Reports Remain Inadmissible

Date: Jul 17, 2026

Deference to Postconviction Credibility Findings Defeats Coercion-Based Brady/Giglio Claims; Polygraph Reports Remain Inadmissible Case: Jermaine Foster v. State of Florida (Supreme Court of Florida,...

Recantation Is “Discovered” When the Witness Chooses to Recant: Timeliness, Credibility Deference, and No-Lesser-Sentence Review in Successive Florida Capital Postconviction

Date: Jul 17, 2026

Recantation Is “Discovered” When the Witness Chooses to Recant: Timeliness, Credibility Deference, and No-Lesser-Sentence Review in Successive Florida Capital Postconviction I. Introduction In Tina...

Graham’s “Meaningful Opportunity for Release” Rule Does Not Apply to Juvenile Homicide Offenders: Consecutive Juvenile LWOP Sentences Governed by Miller/Jones

Date: Jul 17, 2026

Graham’s “Meaningful Opportunity for Release” Rule Does Not Apply to Juvenile Homicide Offenders: Consecutive Juvenile LWOP Sentences Governed by Miller/Jones I. Introduction In Corey B. Johnson v....

First Amendment Limits on Florida Bar Rule 4-8.2(a) in Partisan “Legal Office” Campaigns

Date: Jul 13, 2026

First Amendment Limits on Florida Bar Rule 4-8.2(a) in Partisan “Legal Office” Campaigns Introduction In The Florida Bar v. Christopher W. Crowley (Fla. July 9, 2026), the Supreme Court of Florida...

UPRD Bond Validation: Referendum-First Authority, Curable Indenture Ambiguities, and Qualitative “Special Benefit” Proof Under City of Boca Raton

Date: Jul 13, 2026

UPRD Bond Validation: Referendum-First Authority, Curable Indenture Ambiguities, and Qualitative “Special Benefit” Proof Under City of Boca Raton I. Introduction In Dean K. Matt v. State of Florida,...

Florida Workers’ Compensation: Workplace Assault Injuries Are Compensable Upon Proof of Work-Relatedness (Including Increased-Risk Exposure) Without Proving Assailant Motive

Date: Jul 13, 2026

Florida Workers’ Compensation: Workplace Assault Injuries Are Compensable Upon Proof of Work-Relatedness (Including Increased-Risk Exposure) Without Proving Assailant Motive I. Introduction In...

Florida Rejects “More Stringent” Abuse-of-Discretion Review for Fraud-on-the-Court Dismissals; Adopts Traditional Layered Appellate Review

Date: Jul 13, 2026

Florida Rejects “More Stringent” Abuse-of-Discretion Review for Fraud-on-the-Court Dismissals; Adopts Traditional Layered Appellate Review I. Introduction In Publix Supermarkets, Inc. v. Jonida Goga...

Florida: Discretionary Prejudgment Interest as an Equitable-Distribution Remedy Under § 61.075

Date: Jul 13, 2026

Florida: Discretionary Prejudgment Interest as an Equitable-Distribution Remedy Under § 61.075 I. Introduction In Scott Aron Stewart v. Mishelle Addys Perdomo Vindel (Fla. July 9, 2026), the Supreme...

Inconclusive Postconviction DNA Results Do Not Establish Newly Discovered Evidence, and Florida Recognizes No Freestanding Actual Innocence Claim

Date: Jul 11, 2026

Inconclusive Postconviction DNA Results Do Not Establish Newly Discovered Evidence, and Florida Recognizes No Freestanding Actual Innocence Claim I. Introduction Case: James Aren Duckett v. State of...

Autopsy-Based Lethal-Injection Challenges Are Untimely When Publicly Discoverable and Speculative Without Expert Support

Date: Jul 10, 2026

Autopsy-Based Lethal-Injection Challenges Are Untimely When Publicly Discoverable and Speculative Without Expert Support Case: Dennis Sochor v. State of Florida (Supreme Court of Florida, July 8,...

Florida Requires Apportionment in All Joint Proposals for Settlement—even for a Unified Single Claim

Date: Jul 3, 2026

Florida Requires Apportionment in All Joint Proposals for Settlement—even for a Unified Single Claim Trace Elements, Inc. v. Nadja Mackensen (Fla. July 2, 2026) (Muñiz, J.) 1) Introduction This...