12,337 Florida cases classified under this topic, plus 1,658 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Fla. 4th DCA·
2021-06-23
·cited 2×
A contractor appeals an order vacating a default judgment against homeowners who filed an erroneous construction lien against his homestead property. The trial court vacated the judgment, finding the homeowners satisfied the requirements for relief from default. The appellate cou
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319 So. 3d 744·
Fla. 3d DCA·
2021-05-05
·cited 2×
A trial court errs by failing to strike for cause a juror whose prior experience as a defendant in a similar personal injury case demonstrates bias against plaintiffs and in favor of defendants, particularly when the juror's statements indicate skepticism about injury claims and
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995 F.3d 1272·
11th Cir.·
2021-04-28
·cited 2×
The Eleventh Circuit affirmed the district court's 70-month sentence, finding that the upward variance was substantively reasonable given the defendant's extensive and violent criminal history.
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A trial court properly sustains a Melbourne challenge to a peremptory strike when the record demonstrates a pattern of striking jurors of a protected racial class and the proffered race-neutral explanations are found pretextual. A trial court does not abuse its discretion in deny
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312 So. 3d 1289·
Fla. 1st DCA·
2021-03-24
·cited 2×
The appellate court reversed an award of durational alimony in a long-term marriage, finding the trial court failed to provide sufficient findings to justify deviating from the presumption of permanent alimony. The case was remanded for further proceedings to determine the approp
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313 So. 3d 917·
Fla. 2d DCA·
2021-03-17
·cited 2×
The appellate court reversed a trial court's denial of a motion for a new trial in a medical malpractice case. The court found that the trial judge's oral ruling did not clearly demonstrate the application of the correct legal standard for reviewing a jury verdict against the man
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319 So. 3d 89·
Fla. 3d DCA·
2021-03-17
·cited 2×
Victor R. Griffin appeals the trial court's dismissal with prejudice of his complaint seeking recovery of money orders seized by the City of Sweetwater Police Department under the Florida Contraband Forfeiture Act. The central issue is whether the trial court abused its discretio
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313 So. 3d 898·
Fla. 1st DCA·
2021-03-11
·cited 2×
This case involves a wrongful death tobacco lawsuit where the estate was awarded significant damages and attorney's fees. The appellate court affirmed most of the trial court's decisions but reversed the award of prejudgment interest, finding it would overcompensate the estate.
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A party seeking attorney's fees need not cite the specific statute in the fee motion if the opposing party has actual and fair notice of the grounds for the claim through the complaint, pleadings, final judgment, and conduct during proceedings, particularly where the opposing par
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312 So. 3d 1036·
Fla. 2d DCA·
2021-03-05
·cited 2×
The appellate court reversed a temporary injunction because the trial court failed to make specific factual findings to support the injunction and did not hold an evidentiary hearing to determine the bond amount. The court emphasized the strict procedural requirements for tempora
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317 So. 3d 170·
Fla. 3d DCA·
2021-02-17
·cited 2×
A trial court abuses its discretion by dismissing an action post-verdict for fraud upon the court when the alleged fraudulent conduct consists of testimony inconsistencies that were known to the opposing party before trial, fully litigated before the jury, and the jury implicitly
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318 So. 3d 584·
Fla. 3d DCA·
2021-02-10
·cited 2×
Florida Peninsula Insurance Company appealed the denial of its motion for new trial in a water damage insurance case. The trial court erred in denying the motion where plaintiffs' counsel made repeated inflammatory remarks calling defense counsel and the defense expert witness "l
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312 So. 3d 494·
Fla. 4th DCA·
2021-02-10
·cited 2×
A settlement agreement entered into by parties to a small claims case in exchange for appearing on The People's Court, which included arbitration by the show's judge and compensation from the show's producer, is not subject to relief under Florida Small Claims Rule 7.190(b) absen
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45 Fla. L. Weekly D2073·
Fla. 3d DCA·
2021-02-10
·cited 2×
American Towing of Miami appealed from an order granting class certification in a case alleging violations of Florida Statute § 715.07(2)(a)(9), which prohibits towing companies from requiring liability releases as a condition of vehicle release. The court reversed the class cert
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2020 WL 954982·
M.D. Fla.·
2021-01-22
·cited 2×
The court affirmed the bankruptcy court's order, finding no abuse of discretion in limiting discovery, declining an evidentiary hearing, or applying a negligent misrepresentation standard to determine if Shumaker's failure to disclose connections was negligent.
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310 So. 3d 426·
Fla. 4th DCA·
2021-01-20
·cited 2×
A trial court must provide a proper factual basis for denying a facially sufficient name change petition, and cannot rely solely on the petitioner's criminal history or a generalized public policy concern.
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313 So. 3d 719·
Fla. 3d DCA·
2020-12-09
·cited 2×
A trial court must analyze the adequacy and availability of all proposed alternative forums before denying a motion to dismiss for forum non conveniens; failure to consider an alternative forum raised by the defendant constitutes an abuse of discretion.
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308 So. 3d 1010·
Fla. 4th DCA·
2020-11-25
·cited 2×
The Bert Harris Act's damages formula requires calculating the difference between the property's fair market value as though the owner could attain the reasonable investment-backed expectation and its value as inordinately burdened, not as though it had an alternative highest-and
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308 So. 3d 166·
Fla. 4th DCA·
2020-11-18
·cited 2×
U.S. Bank Trust, N.A. appealed a summary judgment entered in favor of borrower Luc Petre in a mortgage foreclosure case. The circuit court struck the mortgagee's answers to requests for admissions and response to the summary judgment motion because they were signed by an attorney
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306 So. 3d 390·
Fla. 1st DCA·
2020-11-04
·cited 2×
The appellate court reversed a contempt order against a former wife, finding that the final judgment's provision for "reasonable telephone or video-conferencing contact" was not sufficiently precise to support a finding of contempt. The court held that a party cannot be held in c
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307 So. 3d 965·
Fla. 3d DCA·
2020-10-28
·cited 2×
The appellate court affirmed the trial court's denial of a mother's motion to intervene in her son's lawsuit. The court found that her claimed interest was too remote and derivative, and her proposed claims would have unduly complicated the existing litigation.
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307 So. 3d 923·
Fla. 3d DCA·
2020-10-07
·cited 2×
A trial court abuses its discretion by refusing to stay a subsequently filed state court action in favor of a previously filed federal action involving the same parties and substantially similar issues, as required by comity principles and the doctrine of priority.
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306 So. 3d 1141·
Fla. 3d DCA·
2020-08-26
·cited 2×
The appellate court granted Joseph Yearby's petition for a writ of habeas corpus, finding that the trial court erred by denying his motion to reduce bond without holding an evidentiary hearing. The court emphasized the necessity of considering statutory factors before making bond
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306 So. 3d 1086·
Fla. 3d DCA·
2020-08-12
·cited 2×
The appellate court affirmed the trial court's dismissal of a lawsuit based on the doctrine of forum non conveniens. The court found that Utah was a more convenient and appropriate forum for the dispute, given the parties' connections and the existence of a related case already p
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321 So. 3d 940·
Fla. 2d DCA·
2020-08-07
·cited 2×
The appellate court reversed a paternity action's final judgment due to errors in the trial court's proceedings, specifically the admission of telephonic expert testimony without proper foundation and the lack of evidence for educational decision-making authority. The court also
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300 So. 3d 668·
Fla. 4th DCA·
2020-07-29
·cited 2×
The trial court erred by failing to make mandatory findings regarding the former husband's ability to pay alimony and by failing to properly analyze the former wife's need in terms of her expenses and necessities as established during the marriage, and it is unclear whether the c
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300 So. 3d 225·
Fla. 4th DCA·
2020-07-22
·cited 2×
The trial court properly excluded a medical record statement where the defendant failed to establish its admissibility under the correct hearsay exception at trial, and the defendant later took an inconsistent position by insisting the jury be told the fall was not caused by a jo
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307 So. 3d 131·
Fla. 3d DCA·
2020-07-22
·cited 2×
The appellate court affirmed the trial court's decision to deny a motion to vacate a final judgment. The trial court had previously imposed a constructive trust on a property, vesting title in the appellees, based on clear and convincing evidence that the appellant held the prope
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307 So. 3d 119·
Fla. 3d DCA·
2020-07-22
·cited 2×
The Third District Court of Appeal reversed a trial court's order denying class certification, finding that the Unaffiliated Shareholder had standing to bring a direct suit for breach of fiduciary duties. The court held that the inability of some shareholders to retain equity in
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307 So. 3d 95·
Fla. 3d DCA·
2020-07-15
·cited 2×
The appellate court affirmed a personal injury judgment, finding the trial court did not abuse its discretion in allowing the defense to question the plaintiff's credibility regarding her chiropractor referral. The court held that the plaintiff "opened the door" to this line of q
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The trial court erred in allowing the prosecutor to use dissimilar demonstrative aids (a hoodie and sunglasses worn by a female prosecutor) during closing argument because they were not substantially similar to those worn by the male shooter and therefore could not provide the ju
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301 So. 3d 443·
Fla. 1st DCA·
2020-07-13
·cited 2×
The appellate court affirmed a conviction for battery with bodily fluids, holding that the trial court adequately inquired into the defendant's motion to dismiss counsel and that any error in sentencing discussions was harmless. The case clarifies the standards for Nelson inquiri
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300 So. 3d 189·
Fla. 4th DCA·
2020-07-08
·cited 2×
Steve Cook appeals a two-year injunction for protection against dating violence issued by the circuit court. The court reversed, holding that the petitioner failed to establish the statutory requirement of reasonable cause to believe she was in imminent danger of becoming the vic
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A trial court does not abuse its discretion in excluding a treating healthcare provider's new diagnosis disclosed on the eve of trial when the diagnosis contradicts the provider's prior deposition testimony and violates the parties' pretrial stipulation regarding the substance of
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964 F.3d 986·
11th Cir.·
2020-07-01
·cited 2×
The court held that the district court did not abuse its discretion in imposing a sentence above the Sentencing Guidelines range, as the explanation was adequate and the sentence was substantively reasonable.
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300 So. 3d 248·
Fla. 4th DCA·
2020-06-24
·cited 2×
In this foreclosure appeal, the borrower challenged the trial court's twice-amended final judgment that increased the redemption amount to include appellate and post-judgment attorney's fees after the borrower redeemed the property. The court held that while a lender may recover
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298 So. 3d 654·
Fla. 4th DCA·
2020-06-10
·cited 2×
When a domestic violence injunction is effectively entered ex parte because the opposing party did not have an opportunity to testify at the initial hearing through no fault of his own, he may challenge the initial grant of the injunction on a motion to dissolve and present evide
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306 So. 3d 236·
Fla. 3d DCA·
2020-06-10
·cited 2×
The appellate court reversed a lower court's denial of a rehearing, finding that the trial court abused its discretion by proceeding with a hearing without the former wife, who was hospitalized and provided unrebutted medical documentation. The case concerns the partition of proc
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45 Fla. L. Weekly D424·
Fla. 4th DCA·
2020-06-03
·cited 2×
The Strems Law Firm and attorney Gregory Saldamando appealed a trial court's dismissal of their clients' breach of contract case as a sanction for misconduct, along with an order requiring them to pay their clients $22,877.02 in monetary sanctions. The court affirmed the dismissa
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305 So. 3d 745·
Fla. 3d DCA·
2020-05-20
·cited 2×
The appellate court affirmed a conviction for attempted second-degree murder and leaving the scene of an accident. The court found that the trial court did not err in its jury instructions or evidentiary rulings, thus upholding the conviction.
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295 So. 3d 1223·
Fla. 1st DCA·
2020-05-01
·cited 2×
The appellate court reversed a foreclosure judgment, finding the trial court erred by sua sponte denying the foreclosure based on the note being a copy, when the borrowers had not raised this issue and the bank had no notice. The court emphasized that parties must raise issues an
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305 So. 3d 634·
Fla. 3d DCA·
2020-04-29
·cited 2×
The appellate court affirmed the probate court's order appointing the ward's daughter as limited guardian. The ward argued that conflicts of interest, including a restraining order and a foreclosure suit, should have precluded her appointment.
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This case involves an appeal from a summary judgment in a collection suit. The appellate court dismissed the appeal for one appellant (an LLC) because it failed to retain counsel, and affirmed the summary judgment for the other appellant (an individual) because he did not present
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295 So. 3d 336·
Fla. 1st DCA·
2020-04-23
·cited 2×
The appellate court reversed a trial court's modification of a timesharing schedule, finding that the father's improved mental health alone did not constitute a substantial change in circumstances required for modification. The court also reversed the denial of the mother's motio
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293 So. 3d 624·
Fla. 1st DCA·
2020-04-15
·cited 2×
The appellate court affirmed a conviction and life sentence for first-degree murder. The court held that the trial court did not err in admitting evidence of a prior threat made by the appellant against the victim, finding it was proven by clear and convincing evidence and its pr
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Kenya Croft was convicted of two counts of aggravated battery after a physical altercation at his sister's apartment. The Fifth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on the justifiable u
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292 So. 3d 530·
Fla. 2d DCA·
2020-03-18
·cited 2×
Chase Woolman appeals his convictions for sexual battery and lewd/lascivious molestation. The appellate court reverses and remands for a new trial based on two fundamental errors: (1) the trial court's admission of a controlled phone call containing evidence of uncharged collater
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292 So. 3d 46·
Fla. 5th DCA·
2020-03-05
·cited 2×
Jonathan Smith appeals his conviction for capital sexual battery, arguing the trial court erred in admitting portions of a police interview recording containing detectives' improper comments on the victim's credibility. The court agreed that the detectives' statements invaded the
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The appellate court reversed a final judgment against Union Carbide in a wrongful death lawsuit related to asbestos exposure. The court found that the trial court erred by excluding key affidavits from evidence and by providing an insufficient jury instruction on the "learned int
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294 So. 3d 910·
Fla. 4th DCA·
2020-02-26
·cited 2×
The appellate court affirmed a judgment against R.J. Reynolds (RJR) in an Engle-progeny lawsuit, holding that the plaintiff presented sufficient evidence to infer detrimental reliance on the tobacco industry's deceptive practices. The court certified conflict with a decision that