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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Fla. 1st DCA·
2023-06-21
A trial court does not abuse its discretion in denying appointment of postconviction counsel when the defendant can capably present his claims and those claims lack colorable merit.
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The court accepted the magistrate judge's report and recommendation, denying the petitioner's habeas corpus petition on the merits.
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Fla. 1st DCA·
2023-06-14
A trial court errs in assigning a specific dollar value to a future pension asset in equitable distribution and in classifying stock acquired during marriage as nonmarital when the only evidence shows it was acquired during the marriage.
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Fla. 6th DCA·
2023-06-09
The appellate court affirmed the trial court's denial of permanent alimony and attorney fees but reversed and remanded the equitable distribution of assets. The court found the trial court erred by not accounting for all funds from the sale of a boat in its equitable distribution
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Fla. 3d DCA·
2023-06-07
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Fla. 3d DCA·
2023-06-07
The trial court's adjudication of dependency is affirmed where substantial competent evidence supports the finding that the child lived in a tense environment with physical injuries consistent with child abuse.
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Fla. 4th DCA·
2023-06-07
The appellate court reversed a trial court's decision denying a motion to transfer venue. The court found that Indian River County was a more convenient and appropriate venue for a medical negligence lawsuit than Broward County, where the plaintiff had filed suit.
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Fla. 1st DCA·
2023-05-31
The appellate court reversed special conditions of probation imposed on a defendant convicted of violating pretrial release for domestic violence. The court found these conditions were not reasonably related to rehabilitation or the specific offense of violating pretrial release,
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Fla. 3d DCA·
2023-05-31
This case concerns whether landscaping by a developer in a public swale area was consistent with the original plat dedication. The appellate court affirmed the lower court's denial of a temporary injunction and ejectment, finding the landscaping permissible under the dedication's
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Fla. 2d DCA·
2023-05-26
The appellate court reversed a trial court's denial of an alimony modification petition, finding that the trial court failed to make necessary factual findings regarding the payor's income history. The court affirmed a separate order regarding attorney's fees.
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Fla. 2d DCA·
2023-05-26
The appellate court reversed a trial court's denial of a petition to modify alimony because the trial court failed to make necessary factual findings regarding the payor's income at the time of the last alimony order. The court affirmed a separate order regarding attorney's fees.
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Fla. 4th DCA·
2023-05-24
A trial court abuses its discretion by denying a human trafficking victim expunction petition without affording the statutory presumption that arises from official documentation issued by a state or local agency, and inconsistencies regarding non-material facts cannot rebut the p
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Fla. 3d DCA·
2023-05-24
# LEGAL BRIEF
**State Farm Mutual Automobile Insurance Company v. Central Therapy Center, Inc., a/a/o Antonio Garcia** involves jurisdictional issues regarding appellate authority to review cases, establishing that appellate courts must independently determine jurisdiction over
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360 So. 3d 1223·
Fla. 5th DCA·
2023-05-19
The trial court's equitable distribution must be reconsidered because specific liabilities were improperly assigned to Former Husband without required findings; the alimony award conflicting with the oral pronouncement must be reversed and denied; and the parenting plan failed to
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Fla. 3d DCA·
2023-05-17
A party seeking a temporary injunction must establish all five elements—substantial likelihood of success on the merits, likelihood of irreparable harm, unavailability of an adequate remedy at law, that the threatened injury outweighs possible harm, and that issuance will not dis
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Fla. 1st DCA·
2023-05-17
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Fla. 3d DCA·
2023-05-17
This case involves an appeal concerning the award of attorney's fees and sanctions against a plaintiff and his attorneys for pursuing a meritless defamation claim. The appellate court affirmed the sanctions against the plaintiff and one attorney but reversed the lower court's dec
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365 So. 3d 450·
Fla. 3d DCA·
2023-05-17
An attorney who serves as co-counsel of record when an amended complaint lacking factual or legal basis is filed is liable for sanctions fees under § 57.105, even if the attorney's name does not appear on the complaint, provided the attorney was named in and served with the motio
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Fla. 5th DCA·
2023-05-12
Statements made by a defendant to an unlicensed lay church volunteer are not protected by the clergy communications privilege because the person was not a member of the clergy at the time of the statements. Statements made by a defendant to his spouse regarding child sexual abuse
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A trial court does not abuse its discretion in denying a continuance motion when the movant files the request one week before trial, has made multiple prior continuance requests, fails to provide a sworn proffer of testimony, and does not articulate a specific medical condition.
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Fla. 1st DCA·
2023-05-10
The appellate court affirmed the dismissal of four nonresident defendants for lack of personal jurisdiction and the summary judgment granted to Microsoft based on Section 230 of the Communications Decency Act. The court found that the plaintiff failed to establish jurisdiction ov
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Fla. 4th DCA·
2023-05-03
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Fla. 4th DCA·
2023-05-03
A trial court does not abuse its discretion in denying an unopposed petition to change a minor's first name when the petition contains only conclusory assertions without affirmatively showing the change is in the child's best interests. However, the court abuses its discretion by
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The court held that costs are generally allowed to the prevailing party under Rule 54(d)(1) but are limited to those specified in 28 U.S.C. § 1920, and the party seeking costs bears the burden of proof.
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Fla. 3d DCA·
2023-04-26
The trial court did not abuse its discretion in granting a temporary injunction to preserve the status quo pending final resolution of the issues.
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Fla. 3d DCA·
2023-04-26
The appellate court denied a petition for writs of prohibition seeking to disqualify a trial judge. The court held that a party cannot seek a second disqualification of a successor judge without demonstrating actual bias, and that mere disagreement with a ruling is insufficient g
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Fla. 3d DCA·
2023-04-26
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365 So. 3d 427·
Fla. 3d DCA·
2023-04-26
This case involves consolidated appeals by Fred Viera Jr. concerning a dissolution of marriage judgment, orders denying his motions to disqualify the trial judge, and a contempt order. The appellate court affirmed the denial of disqualification motions and the contempt judgment b
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Fla. 3d DCA·
2023-04-26
A trial court does not abuse its discretion in dismissing a case for forum non conveniens when it properly applies the four-factor Kinney test and finds that an adequate alternative forum exists with superior contacts to the dispute.
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Fla. 3d DCA·
2023-04-26
The appellate court affirmed the trial court's dismissal of a case based on forum non conveniens. The court found no abuse of discretion in the trial court's determination that Colombia was the more appropriate forum for the dispute.
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S.D. Fla.·
2023-04-24
The court held that the movant's application to appeal in forma pauperis is denied because the appeal is frivolous and not taken in good faith.
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Fla. 3d DCA·
2023-04-19
The appellate court affirmed the trial court's denial of a motion to transfer venue and dismiss based on forum non conveniens. The court found the plaintiff had established proper venue in Miami-Dade County and the defendants failed to demonstrate substantial inconvenience or und
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Fla. 3d DCA·
2023-04-19
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Fla. 4th DCA·
2023-04-19
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Del.·
2023-04-18
The Delaware Supreme Court affirmed the Superior Court's denial of postconviction relief. The court held that trial counsel was not constitutionally ineffective for failing to investigate the 20 Commerce Street property, as the defense strategically used the mistaken information
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Fla. 4th DCA·
2023-04-12
The appellate court affirmed a trial court's distribution of marital assets, specifically radio stations, but remanded the case to ensure the transfer complied with federal laws and regulations. The court clarified that state courts can adjudicate issues involving FCC licenses bu
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Fla. 3d DCA·
2023-04-12
The trial court did not abuse its discretion in revoking Altman's probation because competent substantial evidence supports the finding that Altman willfully and substantially violated the conditions of probation by leaving his county of residence and changing his residence witho
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Fla. 4th DCA·
2023-04-12
The appellate court affirmed a conviction for sexual assault crimes, finding no error in the trial court's decision regarding the jury size and the prosecutor's rebuttal closing argument.
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Fla. 3d DCA·
2023-04-12
The appellate court reversed a final judgment for Simply Health Care, finding the trial court abused its discretion by denying GEICO's motion to amend its pleadings. The amendment sought to add affirmative defenses of res judicata or collateral estoppel based on a prior federal c
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Fla. 3d DCA·
2023-04-12
The appellate court affirmed the trial court's decision to revoke Charlie Dennis Altman's probation and impose a sentence. The court found sufficient evidence that Altman willfully and substantially violated his probation by leaving his county of residence without consent and cha
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Fla. 3d DCA·
2023-04-12
The appellate court affirmed the trial court's decision to revoke Charlie Dennis Altman's probation and impose a sentence. The court found competent substantial evidence that Altman willfully and substantially violated his probation by leaving his county of residence without cons
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Fla. 4th DCA·
2023-04-12
A state court may distribute FCC-regulated radio station licenses in a dissolution proceeding, but any transfer order must expressly condition the transfer on compliance with federal laws and FCC approval requirements; the trial court exceeded its authority by ordering an uncondi
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Fla. 3d DCA·
2023-04-12
The appellate court affirmed the trial court's decision to revoke Charlie Dennis Altman's probation and impose a sentence. The court found sufficient evidence that Altman willfully and substantially violated his probation by leaving his county of residence without consent and cha
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Fla. 5th DCA·
2023-04-06
A notice of voluntary dismissal filed after a summary judgment hearing is void and does not divest the trial court of jurisdiction over the case.
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Fla. 6th DCA·
2023-04-06
The appellate court affirmed a trial court's issuance of a permanent stalking injunction and a directive for the appellant to complete a batterer's intervention program. The court found sufficient evidence of harassment and cyberstalking to support the injunction and upheld the t
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359 So. 3d 1224·
Fla. 3d DCA·
2023-04-05
A domestic violence injunction may be dissolved when the party seeking dissolution demonstrates a significant change in circumstances and the record lacks competent substantial evidence of a continuing, reasonable fear of imminent violence. Subjective fear alone, unmoored from cu
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M.D. Fla.·
2023-03-31
The district court affirmed the bankruptcy court's order denying the debtors' motion for sanctions, finding no abuse of discretion.
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Fla. 5th DCA·
2023-03-31
The trial court abused its discretion in admitting dash camera video beyond the first 48 seconds, the soundtrack containing lay opinions and irrelevant commentary about fleeing the scene, and an inaccurate, poorly authenticated accident diagram. These errors individually and cumu
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Fla. 4th DCA·
2023-03-29
A party seeking to vacate a final judgment in small claims based on excusable neglect need not prove a meritorious defense; the requirement of a meritorious defense applies only to defendants seeking to vacate a default judgment. The trial court abused its discretion in denying t