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. 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
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Fla. 3d DCA·
2023-03-29
A trial court's discretionary decision to exclude evidence under Florida Statute § 90.403 will not be overturned on appeal absent a clear abuse of discretion.
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Fla. 4th DCA·
2023-03-29
The appellate court reversed a trial court's decision to grant summary disposition and deny a motion to vacate. The court held that the assignee was not required to prove a meritorious defense to vacate the order, as this requirement only applies to defendants seeking to set asid
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Fla. 1st DCA·
2023-03-29
A supportive relationship exists as a matter of law when former spouses have maintained a long-term committed relationship involving cohabitation for over a decade, joint property ownership with survivorship rights, and shared household expenses and obligations, and once establis
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Fla. 3d DCA·
2023-03-22
A trial court abuses its discretion by relying on inapplicable case law to avoid conducting a Rule 1.540(b)(5) analysis where the law cited involved single debtors with multiple debts but the case involves two separate debtors with separate judgments.
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Fla. 4th DCA·
2023-03-15
Although the state presented insufficient evidence to support a principals-liability instruction, the conviction is affirmed because (1) defense counsel failed to timely object to the instruction, forfeiting appellate review of the issue, and (2) the instructional error was not f
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Summary judgment was properly granted for Citizens because Full Pro failed to timely submit opposing evidence under Florida Rule of Civil Procedure 1.510(c)(5), and even if a continuance were granted, Full Pro could not demonstrate that additional discovery would establish a genu
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The appellate court affirmed a summary judgment in favor of an insurance company. The court found that the insured's assignee failed to present evidence of a covered loss due to Hurricane Irma, and also failed to comply with procedural rules for submitting evidence late in the su
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Fla. 4th DCA·
2023-03-15
The appellate court affirmed a defendant's convictions for murder and attempted murder. While the court agreed that the jury instruction on "Principals" was improperly given due to insufficient evidence, it found the error was not preserved for appeal because the defense counsel
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Fla. 3d DCA·
2023-03-15
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Fla. 4th DCA·
2023-03-08
A party's failure to attend an adversarial hearing on an injunction petition constitutes excusable neglect when the party receives only twenty-four hours' notice and the circumstances create justifiable confusion about whether counsel was properly notified. Vacating is warranted
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358 So. 3d 29·
Fla. 4th DCA·
2023-03-08
A third-party complaint under Florida Rule of Civil Procedure 1.180 must allege a claim for indemnification, subrogation, or contribution before asserting any other claim, and a third-party claim arising from a transaction unrelated to the original plaintiff's claims is improper.
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Fla. 3d DCA·
2023-03-08
A trial court has the authority and discretion to conduct an evidentiary hearing and exercise its contempt power to enforce payment of attorney's fees awarded as sanctions in post-dissolution family law proceedings. The trial court's refusal to exercise its discretion by declinin
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M.D. Fla.·
2023-03-06
The court held that prejudgment interest on unjust enrichment claims should be calculated from the date the complaint was filed, not from invoice dates, due to equitable considerations and the failure of breach of contract claims.
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11th Cir.·
2023-03-06
A defendant was charged with federal firearms possession following a prior state conviction for domestic violence battery that resulted from a bench trial where he waived his jury right. The Eleventh Circuit held that a defendant bears both the burden of production and persuasion
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Fla. 5th DCA·
2023-03-03
The trial court did not abuse its discretion in admitting video evidence and expert testimony regarding firearm identification to establish actual possession of a firearm, and the conviction and community control violation were properly affirmed.
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Fla. 3d DCA·
2023-03-01
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Fla. 3d DCA·
2023-03-01
A trial court does not abuse its discretion in rejecting a policyholder's proposed jury instructions and verdict form when determining that the correct instructions and form address the relevant legal issues in an insurance coverage dispute.
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Fla. 3d DCA·
2023-02-24
A lis pendens must be discharged when the pending pleading does not show that the action is founded on a duly recorded instrument, and a claim based on circumstances surrounding execution rather than the terms of the instrument does not qualify.
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Fla. 3d DCA·
2023-02-24
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Fla. 5th DCA·
2023-02-24
A trial court does not abuse its discretion in denying a domestic violence injunction when it finds past violence but concludes the violence was too remote in time to establish an objectively reasonable risk of imminent domestic violence.
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Fla. 5th DCA·
2023-02-24
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A trial court errs in denying a defendant's motion for a continuance to retain counsel of choice without conducting an adequate inquiry into surrounding circumstances and making clear findings that the defendant's constitutional right is not being arbitrarily denied. Such a wrong
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Fla. 3d DCA·
2023-02-22
The trial court abused its discretion in dismissing the complaint for fraud on the court because it failed to make findings demonstrating clear and convincing evidence of fraud, and the complaint stated sufficient ultimate facts to support claims for equitable lien and unjust enr
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Fla. 1st DCA·
2023-02-22
An appeal challenging a PERC order becomes moot when an appellate stay of that order allows the underlying investigation to proceed to completion and result in the employee's termination, rendering judicial review unable to have any actual effect. Attorney's fees awarded by PERC
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M.D. Fla.·
2023-02-21
The court held that there is a genuine dispute of material fact regarding two elements of the equitable estoppel defense, requiring reversal of the bankruptcy court's summary judgment order on that issue. The court also dismissed the cross-appeal regarding attorney's fees as moot
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Del.·
2023-02-20
The Superior Court did not abuse its discretion in refusing to accept a late plea agreement because no good cause was shown for the delay. Furthermore, the evidence presented was sufficient for a rational trier of fact to find the defendant guilty of drug dealing beyond a reasona
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Fla. 5th DCA·
2023-02-17
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Fla. 2d DCA·
2023-02-15
The appellate court reversed a portion of a trial court's order awarding temporary attorney fees and suit money in a dissolution of marriage case. The reversal was specifically for the award of accountant fees, which were based on inadmissible hearsay.
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Fla. 3d DCA·
2023-02-15
A trial court errs by categorically denying a motion to vacate a foreclosure sale based solely on the absence of fraud or irregularity in the conduct of the sale, when the movant has alleged facially equitable grounds for relief. Courts must consider all well-pleaded equitable fa
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Fla. 4th DCA·
2023-02-15
Pre-suit attorney's fees under section 627.428, Florida Statutes, are compensable only when the accrued fees result from an insurer's unreasonable conduct, and an award of such fees requires explicit factual findings supporting unreasonableness.
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359 So. 3d 741·
Fla. 4th DCA·
2023-02-08
This case concerns former caregivers who sought to intervene in post-termination proceedings for dependent children and appeal a placement modification order. The appellate court affirmed the denial of intervention and dismissal of the appeal, holding that the caregivers lacked p
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Fla. 5th DCA·
2023-02-03
A trial court does not abuse its discretion in transferring venue under section 47.122 based on a material witness's deposition transcript, but must condition the transfer on the movant paying all accrued costs as required by statute.
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Fla. 5th DCA·
2023-02-03
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Fla. 3d DCA·
2023-02-01
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The appellate court affirmed convictions for domestic battery and pretrial release violations but reversed a robbery conviction. The court held that the trial court erred by not instructing the jury on robbery by sudden snatching, a lesser-included offense, when the evidence supp
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Fla. 2d DCA·
2023-01-20
This case involves a father's appeal of several court orders related to child support and expenses. The appellate court reversed the contempt finding for unpaid Kumon tutoring fees due to ambiguity in prior orders, while affirming other contempt findings and denying the father's
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Fla. 2d DCA·
2023-01-20
This case involves a father's appeal of several court orders related to child support and expenses. The appellate court reversed the contempt finding for unpaid Kumon tutoring fees due to ambiguity in prior orders, while affirming other contempt findings and denying the father's
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Fla. 2d DCA·
2023-01-18
The appellate court reversed a trial court's denial of a name change petition because the judge improperly engaged in ex parte communications with a federal law enforcement officer. This communication violated the petitioner's due process rights by denying him notice and an oppor
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Fla. 4th DCA·
2023-01-18
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Fla. 2d DCA·
2023-01-13
The appellate court reversed a lower court's decision denying a father's petition to modify child support. The lower court improperly relied on an "unclean hands" defense that was not raised by the mother, and failed to address several issues and stipulations presented by the par
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Fla. 3d DCA·
2023-01-11
The trial court abused its discretion in granting the plaintiffs' Rule 1.540(b) motion for relief from judgment because the plaintiffs failed to demonstrate excusable neglect and were improperly allowed to raise a new substantive defense (equitable subrogation) that should have b
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M.D. Fla.·
2023-01-06
The Bankruptcy Court did not err in confirming the debtor's Chapter 11 plan, as the requirements for creditor distributions and reporting were within its legal authority and did not conflict with bankruptcy statutes.
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Fla. 4th DCA·
2023-01-04
The appellate court affirmed a battery conviction, holding that while the trial court erred by not conducting a Richardson hearing to investigate a potential discovery violation, this error was harmless. The court emphasized the necessity of such hearings when discoverable eviden
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Fla. 3d DCA·
2023-01-04
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Fla. 4th DCA·
2023-01-04
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Fla. 3d DCA·
2023-01-04
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Fla. 1st DCA·
2023-01-03
The appellate court reversed a trial court's award of attorney's fees to a plaintiff, finding that the plaintiff's "proposal for settlement" was not made in good faith. The court held that requiring $1.3 million in cash within thirty days to settle was an illusory condition, maki