Notable Florida Decisions

A final domestic violence injunction may be entered when a petitioner proves either that she is a victim of past domestic violence or that she has reasonable cause to believe she is in imminent danger of becoming a victim of domestic violence, without regard to temporal limitations on when the past violence occurred. The trial court did not abuse its discretion in entering an injunction based on Siciliano's testimony about domestic violence incidents from 2016, 2020, and 2022, contextualized by Buchheit's unannounced visit during their divorce proceedings and his increased drinking following a

A sentence imposed after a probation violation hearing is vindictive and must be vacated when a trial judge who actively participated in plea negotiations dramatically increases the sentence from an offer made to the defendant to the maximum penalty imposed after the defendant exercises her right to a hearing, with no factual explanation for the increase other than the exercise of that right.

Brown and Wood waived their right to contend that they did not transfer their combined 135 LBP shares to BALC through their years of silence and repeated failure to object despite receiving notice at every critical stage of the transfer process, including specific notice of opportunity to object, the motion for trial court approval, the hearing notice, and the approval order.

Possession of hydrocodone in open containers in a vehicle's passenger compartment constitutes a separate criminal episode from possession of fentanyl and cocaine concealed in a sock under the hood, even when discovered during a single traffic stop, because the conduct, storage, and apparent purposes differ. The speedy trial period for the hydrocodone charge began when Muhammad was arrested for that offense on January 8, 2025, not when he was arrested for the other drugs on April 16, 2024. A defendant seeking discharge under the speedy trial rule must show that the subsequent charge arose from

When a defendant is convicted of both computer solicitation of a minor for sex and travel for sex with a minor after computer solicitation under section 847.0135, Florida Statutes, double jeopardy principles prohibit multiple punishments if the convictions are based on the same conduct, because the statutory elements of solicitation are entirely subsumed within the elements of travel after solicitation. To support conviction and punishment for both offenses, the charging document must make clear that the State relied on separate acts of solicitation to charge each offense. Because the amended

Under Florida's McCain negligence framework, a landowner owes a common law duty to exercise reasonable care to prevent a diseased or decayed tree on its property from causing harm to adjacent properties when the landowner has actual knowledge of the tree's dangerous condition and it is reasonably foreseeable that the tree will cause harm. The Massachusetts rule, which provides that landowners are not liable for harm caused by healthy trees on their property, does not apply to diseased or decayed trees and does not create an exception to the general duty imposed by Florida negligence law. A com

The trial judge's prior employment at the law firm representing Guzman on appeal, where she performed no work on his case and no criminal matters, does not create an objectively reasonable fear of bias warranting disqualification. The victim impact instruction given to the jury—stating that such evidence demonstrates the victim's uniqueness and loss to the community but must not be considered as an aggravating factor—was legally sufficient and the issue was not preserved for appeal. The death penalty does not violate the Eighth Amendment as facially unconstitutional, consistent with establishe

A trial court must make specific findings regarding each party's net income and determine need and ability to pay before applying the statutory factors in section 61.08(3) when deciding alimony; the trial court erred in imputing salary income to the wife without evidence that a teaching position was available and in imputing investment income without finding that withdrawal would not invade principal. A trial court may not award sole parental responsibility or shared parental responsibility with ultimate decision-making authority over all aspects of children's lives without first making findin

A lawful detention for a noncriminal traffic violation (bicycle-light infraction) provides a valid basis for a Terry frisk when the totality of the circumstances gives officers reasonable suspicion that the detainee is armed and dangerous. The observation of a firearm-shaped bulge in a detainee's clothing, combined with the detainee's apparent effort to conceal the weapon, the high-crime nature of the area, poor lighting, and other contextual factors, can establish the reasonable suspicion necessary to justify a limited pat-down for officer safety purposes, even though mere possession of a con

Section 627.748(18), Florida Statutes, provides broad immunity to transportation network companies for claims arising under general law by reason of owning, operating, or maintaining the digital network or being affiliated with a driver, for harm resulting from the use, operation, or possession of a motor vehicle while the driver is logged onto the platform, provided the TNC complies with statutory requirements and engages in no criminal wrongdoing. The immunity is not limited to traditional vicarious liability but extends to direct negligence and misrepresentation claims that causally relate

A trial court must make specific findings regarding each party's net income and determine need and ability to pay before applying the statutory factors in section 61.08(3) when deciding alimony; the trial court erred in imputing salary income to the wife without evidence that a teaching position was available and in imputing investment income without finding that withdrawal would not invade principal. A trial court may not award sole parental responsibility or shared parental responsibility with ultimate decision-making authority over all aspects of children's lives without first making findin

A mortgagee seeking to foreclose must prove default, and each missed monthly payment constitutes a separate default; however, a dispute over payment accounting or a mortgagee's rejection of a single payment does not excuse a mortgagor's obligation to make subsequent timely payments. The equitable defense of unclean hands in a foreclosure action requires proof that the mortgagee engaged in conduct akin to fraud, sneaky or unscrupulous behavior, or other misconduct condemned by honest and reasonable persons; mere failure to modify a loan or pursue alternative remedies, even if unwise, does not c

A parent's failure to appear at an adjudicatory hearing on a termination of parental rights petition, after being ordered to appear at an advisory hearing, constitutes constructive consent to termination, and the trial court properly denies a motion to vacate such default absent a showing of due diligence, excusable neglect, and a meritorious defense.

A motion to disqualify opposing counsel must be filed with reasonable promptness after discovery of the grounds for disqualification, and a party waives the right to seek disqualification by continuing to litigate substantially after learning of the conflict.

A foreign automobile manufacturer that designs vehicles for, ships vehicles to, and orders recalls for vehicles owned in Florida has purposefully availed itself of Florida's market and has sufficient minimum contacts with the forum state to support the exercise of specific jurisdiction, provided the plaintiff's claims arise out of or relate to those contacts.

An online post containing accusations or embarrassing information, even if it serves no legitimate purpose, is insufficient to support a stalking injunction because a reasonable person would not feel substantial emotional distress from such conduct; the bar for establishing substantial emotional distress is set fairly high and does not include mere insults or falsehoods.

An agritourism operator cannot obtain summary judgment on immunity under section 570.88(1), Florida Statutes, when genuine issues of material fact exist as to whether the operator complied with the posting and notice requirements of section 570.89, and credibility determinations regarding whether warning signs were actually posted must be resolved by a jury.

A candidate must strictly comply with statutory qualification requirements, including properly designating a primary campaign depository and properly appointing a campaign treasurer or deputy treasurer before paying the qualifying fee; the substantial compliance doctrine does not apply to these basic requirements.

A trial court may not sua sponte strike a substantive provision from a final judgment months after entry based on a perceived legal error; such revision is authorized only under Florida Rules of Civil Procedure 1.530 (within ten days) or 1.540 (for clerical mistakes or specified grounds), and judicial error regarding the law must be addressed through timely rehearing or appeal, not retroactive amendment.

Probable cause to arrest for driving with a suspended license exists when an officer confirms the suspension, identifies its cause, and based on specialized knowledge of the notification process for that type of suspension, reasonably infers the driver knew of it, even without direct confirmation of receipt of notice or an admission of knowledge.

Damage caused by vibrations without displacement of the earth is not excluded under an insurance policy's earth movement and settlement provision, and an insurer waives its right to enforce post-loss obligations when it denies coverage based on a substantive determination that the loss is excluded.

When reviewing a trial court's denial of a motion for directed verdict, an appellate court must evaluate evidence in the light most favorable to the non-moving party, and if conflicting evidence or different reasonable inferences exist, the issue is factual and must be submitted to the jury.

Hernandez failed to preserve his arguments for appellate review by not raising them in his motion below, and even if preserved, the arguments do not establish reversible error because Barclays satisfied Florida law by filing a certification and copy of the note with the complaint and the original note before entry of judgment, and standing may be established from the note holder's status regardless of recorded assignments.

A complaint that fails to provide a short and plain statement of ultimate facts, indiscriminately incorporates general allegations into multiple counts without specificity as to which defendants performed which acts, and lacks causation to alleged damages must be dismissed with prejudice when a plaintiff has been given multiple opportunities to cure such deficiencies.

To obtain a temporary injunction, a party must prove four elements: substantial likelihood of success on the merits, unavailability of an adequate remedy at law, likelihood of irreparable harm absent the injunction, and that the injunction serves the public interest; failure to prove any element requires denial of the injunction. An injury is irreparable only when it is not compensable by money damages, and loss of some business without more does not constitute irreparable harm. Restorical failed to present competent, substantial evidence that the Hatchers' conduct would cause irreparable harm

An unsigned construction services agreement that lacks essential terms such as scope of work and construction price is not enforceable, and therefore an arbitration clause contained within it cannot be compelled where the party seeking arbitration fails to demonstrate the other party's acquiescence to the agreement through conduct.

A driver's failure to maintain a single lane does not violate Florida Statute section 316.089(1) or provide reasonable suspicion for a traffic stop unless the driver's conduct created a reasonable safety concern.

Florida's clemency process does not violate due process because it rests in the unfettered discretion of the Governor and requires no specific procedural safeguards, and Guardado received clemency review without identifying any violated procedures. Guardado's ineffective assistance of counsel claims are untimely under Florida Rule of Criminal Procedure 3.851(d)(1) because the factual basis was available long before the death warrant was signed, and they are procedurally barred because they could have been raised in prior postconviction proceedings. Expedited warrant proceedings do not violate

A prevailing-party attorney's fee provision in an easement agreement does not touch and concern the land and therefore does not run with the land as a matter of Florida law, and does not bind successors in interest such as Crown Castle. The fee provision is too attenuated from the use, enjoyment, or occupation of the land to satisfy the touch-and-concern requirement, as it does not restrict or govern how the land is used, does not affect who can enjoy or use it, and only becomes relevant after legal remedies have been exhausted. The decision distinguishes Hayslip v. U.S. Home Corp., in which a

An attorney does not violate the rule against making false statements to a tribunal when the Bar fails to prove by clear and convincing evidence that the attorney knew the statements were false at the time they were made, even if the statements were factually incorrect.