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·
2022-12-14
This case involves a wrongful death lawsuit where the plaintiff argued the decedent's fatal injury was caused by a defective truck underride guard. The appellate court affirmed the trial court's decision, finding no abuse of discretion in allowing the jury to interpret ambiguous
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Fla. 4th DCA·
2022-12-14
In a wrongful death case arising from a vehicular accident, the court affirmed a defense verdict where the trial court allowed expert testimony interpreting an ambiguous pretrial stipulation regarding the cause of death, despite the plaintiff's argument that such testimony contra
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Fla. 3d DCA·
2022-12-14
The appellate court reversed a trial court's dismissal of a case for lack of prosecution. The dismissal occurred while the case was stayed due to a bankruptcy filing and without proper notice to the parties, rendering the dismissal void.
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Fla. 4th DCA·
2022-12-14
This case involves a wrongful death lawsuit where the plaintiff argued the decedent's fatal injury was caused by a defective truck underride guard. The appellate court affirmed the trial court's decision, finding no abuse of discretion in allowing the jury to interpret ambiguous
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Plaintiff failed to meet its burden of proving that Mexican income taxes were actually withheld or paid during the taxable year 1958, and therefore is not entitled to a foreign tax credit or refund of federal income taxes paid.
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Fla. 3d DCA·
2022-12-14
Metropolitan Mortgage Company challenged a dismissal order entered without notice to its counsel, arguing the dismissal was void for violation of due process. The court held that when a party presents uncontroverted evidence of non-receipt of notice through sworn testimony and co
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A timely amended tax return filed within the statutory period for filing the original return is effective as part of the 'first return' and must be given effect by the Internal Revenue Service, even if it changes the taxpayer's election of taxable year to a later date that would
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Aetna's comprehensive liability insurance policy covered Display's liability to Hase despite claiming policy defenses, because Aetna was given notice and opportunity to defend the underlying action against Display and is bound by the resulting judgment through the doctrine of vou
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The court affirmed the bankruptcy court's order excluding expert testimony and granting summary judgment, finding that the appellant failed to establish the elements required for a debt to be nondischargeable under 11 U.S.C. § 523(a)(2)(A).
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Fla. 4th DCA·
2022-12-07
The appellate court reviewed a defendant's conviction and sentence for battery, specifically addressing challenges to the admission of photographs, the handling of a Richardson hearing, and the imposition of various costs. The court affirmed the conviction and most cost rulings b
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Fla. 2d DCA·
2022-12-07
The appellate court reviewed a trial court's judgment concerning a premarital agreement and spousal support. While affirming the wife's entitlement to support, the court reversed and remanded the case to recalculate the amounts for temporary and postdissolution support due to mis
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Fla. 4th DCA·
2022-12-07
A driver's refusal to submit to a breathalyzer test is not a knowing and voluntary refusal when the officer fails to clearly inform the driver that the right to counsel does not apply to the implied consent breathalyzer test and instead merely tells the driver she cannot speak to
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Fla. 2d DCA·
2022-12-05
The appellate court reviewed a trial court's order certifying a class of former golf club members seeking refunds of membership fees. The court affirmed the certification, finding that common issues of law and fact predominated and that the class met the requirements for certific
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Fla. 2d DCA·
2022-12-05
The appellate court affirmed the trial court's decision to certify a class of former country club members seeking refunds of membership fees. The court found that common issues of law and fact predominated, despite potential individual differences in damages or affirmative defens
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The district court held that a magistrate judge erred in granting a protective order to preclude a deposition, as no recognized privilege prevented the deposition and the moving party did not demonstrate good cause.
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Fla. 2d DCA·
2022-12-02
The appellate court reversed a trial court's alimony award, finding it was not supported by competent substantial evidence. While permanent periodic alimony was appropriate given the long-term marriage and the former wife's potential future needs, the specific amount awarded was
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Fla. 3d DCA·
2022-11-30
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352 So. 3d 420·
Fla. 2d DCA·
2022-11-30
This case consolidates appeals from a family law action and a partition action. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees in the family law case, and reversed the denial of consolidation and the denial
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Fla. 2d DCA·
2022-11-30
The appellate court reversed in part a dissolution judgment, finding the trial court erred in assigning dissipated marital funds to the former husband. The court held that misconduct justifying such an assignment must occur when the marriage is irreconcilably broken, a condition
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Fla. 1st DCA·
2022-11-30
The appellate court affirmed a conviction for sexual battery of a child. The court found that the trial court did not err in admitting the child's hearsay statements and that the information was sufficiently specific.
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Fla. 4th DCA·
2022-11-30
The wife appealed a trial court's reduction of her permanent alimony from $13,500 to $11,062 per month based on imputed income from temporary part-time employment, rental income from her condominium, and investment income. The appellate court reversed, holding that the trial cour
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352 So. 3d 420·
Fla. 2d DCA·
2022-11-30
This case consolidates appeals from a family law action and a partition action concerning marital assets after a divorce granted in Finland. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees, finding the trial
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Fla. 3d DCA·
2022-11-23
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Fla. 3d DCA·
2022-11-23
The appellate court reversed the convictions of Devin Travon Mays and Leanthony Smith, ordering a new trial. The reversal was based on the trial court's erroneous acceptance of the State's peremptory strike against a Black juror, which the appellate court found to be a pretext fo
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Fla. 3d DCA·
2022-11-23
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Fla. 4th DCA·
2022-11-23
Linda Weinreber Barker appealed a restitution order for fraudulent use of a credit card and exploitation of an elderly person. The court affirmed the restitution award of $3,005.71 because victim testimony and check evidence supported the unauthorized payments, but reversed the f
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Fla. 5th DCA·
2022-11-18
The trial court abused its discretion by imputing income to Eadie at $80,000 per year when she had never earned more than $65,000 per year, and it erred by imposing a charging lien that attached to her homestead because homestead exemption rights cannot be waived even with consen
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Fla. 2d DCA·
2022-11-16
The appellate court reversed a trial court's order denying a motion to set aside a default judgment modifying a timesharing schedule. The court held that child custody determinations cannot be based solely on a party's default, but must consider the child's best interests.
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Fla. 3d DCA·
2022-11-10
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Fla. 2d DCA·
2022-11-04
The appellate court reversed the revocation of Jason Bright's probation. While some violations were supported by evidence, a significant financial violation was not, leading the court to remand for reconsideration of whether the upheld violations alone would have warranted revoca
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Fla. 3d DCA·
2022-11-02
The Third District Court of Appeal affirmed the trial court's decision, holding that the prosecution is entitled to prove its case through evidence of its own choosing and that a criminal defendant cannot stipulate or admit his way out of the full evidentiary force of the governm
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S.D. Fla.·
2022-10-27
The district court held that the magistrate judge's order granting a protective order to preclude the deposition of a non-party was clearly erroneous and contrary to law, reversing the order and permitting the deposition under certain conditions.
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Fla. 4th DCA·
2022-10-26
The appellate court reversed a trial court's decision denying a plaintiff's motion for attorney's fees and costs. The trial court had awarded the plaintiff $0 in fees and costs despite her prevailing in arbitration, finding she failed to submit sufficient evidence. The appellate
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Fla. 3d DCA·
2022-10-26
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A commercial tenant (SHI) sued its condominium association (Association) for placing a dumpster structure that eliminated six parking spots in a common area. The appellate court held that the Association violated its own governing documents by obstructing the parking facilities a
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S.D. Fla.·
2022-10-17
The court held that the magistrate judge did not err in deeming plaintiffs' objections to discovery requests waived due to untimely service.
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S.D. Fla.·
2022-10-17
Seven Stars on the Hudson Corporation, which operated a trampoline park as a tenant in a facility owned by MDG and managed by XBK, sued for business interference and breach of contract after the defendants allegedly took actions to disrupt its operations. The district court affir
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Fla. 2d DCA·
2022-10-07
The appellate court reversed a defendant's sentence for leaving the scene of an accident involving death because the trial court failed to apply the correct legal standard when considering a motion for downward departure. The case clarifies the two-step process required for such
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Fla. 3d DCA·
2022-09-30
Condominium unit owners appealed the trial court's denial of their motion for relief from a default judgment entered after they failed to appear at a show cause hearing. The appellate court reversed, finding that the owners demonstrated excusable neglect based on an honest but er
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Fla. 1st DCA·
2022-09-28
The First District Court of Appeal affirmed an award of attorneys' fees to the Middletons despite counsel's failure to maintain detailed time records, holding that competent substantial evidence including expert testimony and documentary evidence of work performed satisfied the r
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Fla. 5th DCA·
2022-09-23
A trial court abuses its discretion when it fails to make an independent determination that a defendant is competent to stand trial, even when the parties stipulate to competence and psychological evaluations conclude competency. The trial court's duty to independently determine
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Fla. 4th DCA·
2022-09-14
An attorney appealed a trial court's award of attorney's fees to GEICO based on a proposal for settlement, arguing the proposal violated Florida Rule of Civil Procedure 1.442 and conflicted with Deer Valley Realty precedent. The Fourth District Court of Appeal affirmed, holding t
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Fla. 3d DCA·
2022-09-14
The appellate court dismissed a petition for certiorari seeking to quash discovery sanctions. The court found that the trial court did not depart from the essential requirements of law by adopting a special magistrate's recommendation to instruct the jury to presume that intentio
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Fla. 4th DCA·
2022-09-14
A trial court does not abuse its discretion in denying a motion for reconsideration that raises an issue that could have been, but was not, raised in a pre-hearing filing or at the initial hearing.
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11th Cir.·
2022-08-25
Physician Patrick Ifediba and his nurse sister Ngozi Ozuligbo were convicted of health care fraud and related crimes for operating a clinic that distributed large quantities of opioids to patients with no medical need and ran an allergy-testing scheme that billed insurers for tes
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Fla. 5th DCA·
2022-08-19
The trial court did not abuse its discretion in denying the motion for leave to amend the motion for trial de novo because American failed to present signed evidence to support its claim of a scrivener's error, and it should have ensured that opposing counsel complied with the pr
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Fla. 3d DCA·
2022-08-17
A trial court abuses its discretion in denying a motion to set aside a dismissal for lack of prosecution when the record establishes the plaintiff was never sent notice of inactivity as required by Florida Rule of Civil Procedure 1.420(e) and the defendants provide no sufficient
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Fla. 4th DCA·
2022-08-17
The appellate court reversed a lower court's decision denying a law firm's motion for sanctions. The court found that a public adjuster's third-party action against the law firm was not supported by material facts or existing law, and thus sanctions were warranted.