12,338 Florida cases classified under this topic, plus 1,659 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2023-09-19
The district court affirmed the Bankruptcy Court's order approving a settlement agreement because the appellant lacked standing to appeal.
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A circuit court abused its discretion by dismissing a minor's judicial waiver petition based on the mistaken belief that Florida's six-week abortion prohibition had taken effect, when the statute's effective date contingencies had not yet been satisfied. The case was remanded for
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Del.·
2023-09-14
The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the admission of police officers' lay opinion testimony identifying the defendants in surveillance video was proper under Delaware Rules of Evidence 701, as a sufficient foundation was laid demonstrat
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S.D. Fla.·
2023-09-13
The court held that the magistrate judge's discovery order, denying without prejudice the motion to compel the Chief Plumber's deposition and holding the Head of Housekeeping's deposition in abeyance, was not clearly erroneous or contrary to law.
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11th Cir.·
2023-09-08
The court held that the district court's special grand jury procedures during the COVID-19 pandemic did not fundamentally err and that the wiretaps used were necessary, thus affirming the conviction.
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Fla. 3d DCA·
2023-09-06
The probation revocation was proper based on sufficient non-hearsay evidence, including the probationer's positive cocaine test and failure to report, making the ineffective assistance of counsel claim meritless. Although the trial court erroneously denied Brownlee's Rule 3.800(b
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Fla. 3d DCA·
2023-09-06
An appellant who provides only a partial trial transcript forfeits appellate review of trial court errors because the appellate court cannot assess the evidentiary context necessary to determine whether errors were harmless or prejudicial.
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M.D. Fla.·
2023-09-06
The court granted summary judgment on the requirement to file FBAR forms and the failure to file them timely, but denied summary judgment on whether the IRS appropriately calculated the penalties due to a genuine issue of material fact regarding account balances on specific dates
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M.D. Fla.·
2023-09-05
The district court affirmed the bankruptcy court's order finding a creditor's claim objection moot, as the debt was not provided for in the debtor's plan and would be resolved in state court foreclosure proceedings.
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M.D. Fla.·
2023-09-05
The court held that the funds held pursuant to the consent order were not a judicial lien, and therefore not subject to avoidance under 11 U.S.C. § 522(f)(1)(A).
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Fla. 1st DCA·
2023-09-01
An appellate court must presume the trial court had a proper basis for its ruling when the appellant fails to provide a transcript of the hearing at issue on appeal.
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Fla. 3d DCA·
2023-08-30
A constructive consent to termination of parental rights under Florida Statute § 39.801(3)(d) may be set aside under the three-part test requiring the party to demonstrate due diligence, excusable neglect, and the existence of a meritorious defense.
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Fla. 3d DCA·
2023-08-30
A trial court must conduct an evidentiary hearing and make express written findings of fact regarding each of the six Kozel factors before dismissing a case with prejudice as a sanction for discovery misconduct. The trial court's failure to do so requires reversal.
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Fla. 6th DCA·
2023-08-25
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Fla. 2d DCA·
2023-08-25
The appellate court reversed a trial court's dismissal of a child support modification petition. The trial court improperly focused only on the children's needs and failed to consider the alleged substantial change in the parents' incomes, which is a valid basis for modification.
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Fla. 2d DCA·
2023-08-23
The appellate court affirmed the Florida Board of Medicine's denial of a physician assistant's petitions to remove or modify restrictions on his license. The court found the Board did not abuse its discretion by applying the correct legal standard and reasonably concluding that t
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Fla. 1st DCA·
2023-08-23
The majority dismissed the appeal, holding that appellate review of a trial court's denial of a downward departure sentence is only appropriate when the trial court misapprehends its discretion to depart or refuses to exercise that discretion as a matter of policy. The dissent wo
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Fla. 4th DCA·
2023-08-23
The appellate court affirmed a lower court's judgment foreclosing a homeowners' association lien. The court held that the county court had jurisdiction to foreclose the lien, that the monetary judgment did not exceed the court's limits, and that the county court could award attor
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Fla. 2d DCA·
2023-08-23
The appellate court affirmed the Florida Board of Medicine's denial of a physician assistant's petitions to remove or modify restrictions on his license. The court found the Board did not abuse its discretion by applying the correct legal standard and reasonably concluding there
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S.D. Fla.·
2023-08-22
The court held that while communications regarding the assignment agreement are relevant, the scope of production must be limited for proportionality, and a carve-out list must be produced as ordered by the magistrate judge.
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Fla. 2d DCA·
2023-08-18
The appellate court affirmed the trial court's dismissal of a lawsuit because the plaintiff lacked standing to sue as the personal representative of the estate at the time the suit was filed and dismissed. The court found that the relation-back doctrine did not apply because the
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11th Cir.·
2023-08-17
The court held that the second amended complaint failed to plead with particularity the actual submission or payment of false claims, a necessary element for a False Claims Act action.
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S.D. Fla.·
2023-08-17
The court held that the plaintiff's motion to appeal in forma pauperis is denied because the issues raised on appeal are frivolous and not taken in good faith.
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Fla. 3d DCA·
2023-08-16
A trial court does not abuse its discretion in disqualifying an attorney from representing his law firm under Rule 4-3.7(a) when the attorney's testimony is central and controverted to the firm's libel claim.
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S.D. Fla.·
2023-08-14
The court affirmed the Bankruptcy Court's order granting relief from the automatic stay and imposing a two-year filing bar, finding no abuse of discretion and dismissing the appeal.
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Fla. 2d DCA·
2023-08-11
The appellate court affirmed a trial court's decision to deny DJB Rentals' motion to add counterclaims and grant summary judgment to the City of Largo in a municipal lien foreclosure case. DJB argued the trial court erred in denying its motions, but the appellate court found no r
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Fla. 5th DCA·
2023-08-11
A probation officer may not unilaterally impose conditions beyond those ordered by the trial court, and a violation of such an officer-imposed requirement cannot serve as a basis for probation revocation. When a probationer violates multiple conditions, if it is unclear whether t
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Fla. 3d DCA·
2023-08-09
A trial court does not abuse its discretion in dismissing an action for forum non conveniens when the defendant demonstrates that an adequate alternative forum exists, the relevant factors of private interest favor the alternate forum, and the plaintiff can reinstate the suit wit
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Fla. 3d DCA·
2023-08-02
The trial court did not abuse its discretion in denying the motion to quash service and enforcing the liquidated damages provision.
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Fla. 3d DCA·
2023-08-02
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Fla. 1st DCA·
2023-08-02
A trial court abuses its discretion by summarily denying a motion for relief from judgment under Florida Family Law Rule of Procedure 12.540(b)(1) when the motion alleges facts constituting excusable neglect, such as attorney illness and office inadvertence, without holding an ev
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Fla. 3d DCA·
2023-08-02
A trial court does not abuse its discretion when it modifies a parenting plan upon a showing of a substantial, material, and unanticipated change in circumstances that is in the best interests of the child, and the modification is supported by competent, substantial evidence.
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355 So. 3d 955·
Fla. 3d DCA·
2023-07-26
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M.D. Fla.·
2023-07-24
The court held that the appellant lacks standing to appeal the bankruptcy court's order denying her motion for leave to sue the Chapter 7 Trustee and his counsel.
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Fla. 2d DCA·
2023-07-21
The appellate court reversed a trial court's decision that denied a mother's motion to vacate an order denying her request for retroactive child support and an income deduction order. The court found the trial court erred in not entering an income deduction order when the father
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Fla. 4th DCA·
2023-07-19
The appellate court affirmed a DUI conviction, holding that the defendant failed to preserve most of his arguments for appeal by not properly objecting or renewing objections during jury selection. The court also found the State's closing argument regarding the defendant's refusa
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S.D. Fla.·
2023-07-18
The court affirmed the magistrate judge's orders, finding no clear error or abuse of discretion in denying sanctions, vacating confidentiality designations, and denying a protective order.
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Del.·
2023-07-14
The Delaware Supreme Court affirmed the Superior Court's decision to admit prison phone call recordings, finding no abuse of discretion. The court held that the recordings were relevant and their probative value in corroborating witness testimony and proving witness tampering cha
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Fla. 1st DCA·
2023-07-12
The appellate court affirmed a conviction for failure to return leased property but reversed the restitution order. The court found the lease agreement's language sufficient for the conviction but ruled that restitution should be based on fair market value, not the full contract
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Fla. 2d DCA·
2023-07-07
The appellate court affirmed the revocation of probation but reversed the sentence. The court found the trial court erred by denying the defendant the opportunity to present mitigation evidence at sentencing and by failing to make required written findings for sentencing as a vio
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A trial court abuses its discretion when it denies additional attorney's fees in a dissolution proceeding without making sufficient findings of fact regarding the parties' financial resources and other relevant factors enumerated in Florida Statute section 61.16.
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The appellate court reviewed a non-final order granting temporary relief in a dissolution proceeding. It affirmed the award of temporary alimony but vacated the orders regarding the distribution of Early Return of Dependent funds and temporary attorney's fees due to procedural an
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Francis Lai, an inmate serving a life sentence for first-degree murder and burglary, sought federal habeas relief challenging his state conviction by raising claims of prosecutorial misconduct, improper comments on his right to remain silent, and discriminatory jury selection. Th
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Fla. 3d DCA·
2023-07-05
A trial court does not abuse its discretion in denying an extension of a domestic violence injunction when the moving party fails to present evidence establishing a continuing and reasonable fear of imminent danger based on the circumstances.
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Fla. 1st DCA·
2023-07-05
The appellate court reversed a conviction for aggravated battery on a pregnant woman, finding the trial court abused its discretion by refusing to allow the defense to recall a key witness for impeachment. This denial prevented the defendant from presenting crucial evidence regar
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Fla. 3d DCA·
2023-07-05
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Fla. 3d DCA·
2023-07-05
The appellate court affirmed a juvenile's conviction for trespassing in a school safety zone. The court held that the juvenile lacked standing to challenge the statute's vagueness because he had received clear, advance notice that his presence near the school violated the law due
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S.D. Fla.·
2023-06-23
The court affirmed in part and reversed in part the bankruptcy court's contempt orders, finding that while the president violated a no-contact order and both parties violated the automatic stay, the homeowner's association was not liable for the president's conduct during a perso
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Fla. 2d DCA·
2023-06-23
The appellate court reviewed orders awarding attorney's fees. While affirming most of the awards, it reversed the portion of the orders that granted "fees for fees" (attorney's fees incurred in litigating the amount of attorney's fees). The court found the appellant was not given