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. 2d DCA·
2022-04-06
The appellate court reversed a trial court's grant of summary judgment in a slip-and-fall case. The court found that the plaintiff's affidavit, which provided details about the puddle and potential notice, did not contradict her deposition testimony and raised genuine issues of m
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Fla. 2d DCA·
2022-04-06
The appellate court reversed a trial court's grant of summary judgment in favor of Walmart in a slip-and-fall case. The court found that the plaintiff's affidavit, which provided details about the puddle and potential notice, did not contradict her deposition testimony and raised
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S.D. Fla.·
2022-04-04
The court held that defendants failed to meet the burden to set aside the magistrate judge's award of sanctions, as the award was not clearly erroneous or contrary to law.
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Fla. 1st DCA·
2022-03-30
The court denied the petitioner's petition for a writ of habeas corpus.
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Fla. 1st DCA·
2022-03-30
Marquis Stokes appeals the trial court's denial of his motion for postconviction relief and his request for appointed counsel. The court affirmed, holding that Stokes did not meet the criteria for appointed counsel in postconviction proceedings because he effectively articulated
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Fla. 4th DCA·
2022-03-23
Sandra Forte appeals an order awarding attorney's fees to All County Towing Inc. under Florida's Deceptive and Unfair Trade Practices Act. The appellate court reversed the trial court's failure to hold an evidentiary hearing on fee amount but affirmed the entitlement to attorney'
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Fla. 1st DCA·
2022-03-23
The appellate court reversed and remanded a dissolution of marriage judgment, finding the trial court's durational alimony award lacked sufficient findings for a long-term marriage and erred in calculating accumulated annual leave for equitable distribution. Other claims were aff
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Fla. 3d DCA·
2022-03-23
Ricardo Marven St. Juste appeals his simple assault conviction, claiming the trial court abused its discretion in finding no discovery violation after a Richardson hearing. St. Juste argued the victim's trial testimony materially differed from her recorded police statement and th
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Fla. 4th DCA·
2022-03-23
Frank Walsh appealed a trial court's dismissal of his complaint seeking specific performance for the purchase of a $3.4 million home in Jonathan's Landing, where he claimed a binding contract existed based on emails and text messages between real estate agents. The appellate cour
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M.D. Fla.·
2022-03-22
The district court affirmed the bankruptcy court's denial of the motion to remove the trustee and denied the appeal regarding the accounting of property.
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Fla. 4th DCA·
2022-03-16
Alonzie Wiggins sued his former employer Brightview for negligence stemming from a 2015 workplace injury. After Brightview failed to appear despite proper service, the clerk entered a default and a jury awarded Wiggins $2.5 million in damages without Brightview's participation. T
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Fla. 4th DCA·
2022-03-16
The appellate court reversed a trial court's denial of a motion to vacate a default judgment, finding that Brightview Landscape Services' failure to defend a negligence lawsuit due to a clerical and systems error in coding the case as a resolved workers' compensation matter const
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Fla. 3d DCA·
2022-03-09
United Automobile Insurance Company appealed trial court orders awarding attorney's fees to Coastal Radiology in two consolidated PIP benefits cases. After United stipulated to liability and confessed judgment, the trial court granted attorney's fees to five attorneys for Coastal
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Fla. 4th DCA·
2022-03-09
Angela Bentrim appeals a trial court's contempt order finding her in violation of a 2020 custody-related court order regarding child counseling confidentiality. The appellate court reverses the contempt finding against Former Wife while affirming other aspects of the trial court'
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Fla. 4th DCA·
2022-03-09
Former Husband appealed a trial court order ratifying a magistrate's recommended order that calculated prejudgment interest on an unpaid postnuptial agreement obligation from the date of the contempt motion rather than from the date the payment was due. The Fourth District Court
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M.D. Fla.·
2022-03-09
The court adopted the Magistrate Judge's recommendation, overruling the plaintiff's objections and granting summary judgment for the defendant.
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Fla. 4th DCA·
2022-03-09
This case involves a dispute over a former wife's request for her child's therapy records, which led to a contempt finding against her. The appellate court reversed the contempt order, finding the underlying court order was not sufficiently clear to prohibit her actions.
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Fla. 3d DCA·
2022-03-09
A trial court does not abuse its discretion or improperly delegate its authority by adopting a party's proposed order verbatim, provided the order is supported by competent substantial evidence and the trial court has conducted a thoughtful and independent analysis of the facts,
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Fla. 3d DCA·
2022-03-02
The Nemanis appealed a county court's denial of their motion for attorney's fees under Florida Statute § 83.48 following dismissal of an eviction action. The Third District Court of Appeal affirmed the trial court's decision, holding that attorney's fees awards under § 83.48 are
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Fla. 1st DCA·
2022-03-02
The appellate court reversed a domestic violence injunction, finding the petitioner lacked statutory standing because she did not prove she resided with the respondent. The court also reversed the denial of the respondent's motion to vacate the injunction based on new evidence.
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Fla. 1st DCA·
2022-03-02
The appellate court reversed a domestic violence injunction, finding the petitioner lacked statutory standing because she did not demonstrate she had resided with the respondent. The court also reversed the denial of the respondent's motion to vacate the injunction based on new e
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Fla. 2d DCA·
2022-02-18
This case reviews a trial court's decision to revoke a married couple's bonds and deny their motions to strike a pretrial release condition that prohibited them from contacting each other. The appellate court found the trial court abused its discretion by imposing a sweeping no-c
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Fla. 2d DCA·
2022-02-18
The appellate court granted petitions for writ of habeas corpus, finding that the trial court abused its discretion by revoking a married couple's bonds based on a violation of a broad no-contact condition. The court held that such sweeping restrictions on marital rights are gene
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Fla. 3d DCA·
2022-02-09
Christian Joseph Boulos appeals a trial court order requiring him to pay sixty-three percent of private school tuition costs for his minor children with Veronica Rubio. The parties' 2019 Marital Settlement Agreement left the private school issue unresolved and contemplated judici
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Fla. 1st DCA·
2022-02-09
A downward departure sentence must be supported by either a valid statutory ground or a non-statutory ground that is supported by competent, substantial evidence and does not circumvent statutory requirements. The trial court's reliance on restitution need, minor participant stat
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Fla. 1st DCA·
2022-02-09
The appellate court affirmed a trial court's order awarding sole parental responsibility and total timesharing to the mother. The court found the father had sexually abused the child and properly admitted the child's hearsay statements as evidence.
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Fla. 4th DCA·
2022-02-09
The appellate court reversed a decision by the Construction Industry Licensing Board that suspended a licensee's license. The court found the Board abused its discretion by denying a continuance for a hearing, which conflicted with the licensee's counsel's mandatory judicial nomi
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Fla. 4th DCA·
2022-02-02
The appellate court reversed a restitution order for attorney's fees, finding insufficient evidence to support the amount awarded. The court held that while attorney's fees can be awarded as restitution if causally connected to the crime, the state must prove the amount with comp
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Fla. 4th DCA·
2022-02-02
The court affirmed the trial court's denial of defendants' motion for summary judgment on their counterclaim to retain the down payment, but reversed the grant of summary judgment to plaintiffs on their complaint to recover it, finding triable issues of fact exist regarding wheth
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Fla. 3d DCA·
2022-01-26
A trial court's denial of a motion for mistrial and motion for new trial is reviewed for abuse of discretion, and such motions should be granted only when counsel's comments are so inflammatory and prejudicial that they deny the opposing party a fair trial.
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Fla. 3d DCA·
2022-01-19
Costs for depositions used to successfully support a motion for summary judgment are taxable under Florida's Statewide Uniform Guidelines for Taxation of Costs.
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Fla. 2d DCA·
2022-01-19
The appellate court reversed in part a child support order, finding that the administrative law judge erred by including childcare costs for an emancipated child in the step-down support calculation. The court affirmed other aspects of the order.
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Fla. 3d DCA·
2022-01-19
Leonard Brandon Pringle appeals a Supplemental Final Judgment of Dissolution of Marriage, challenging the duration of a durational alimony award and the distribution of mortgage debt. The Third District Court of Appeal reversed the alimony award to the extent its five-year durati
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Fla. 2d DCA·
2022-01-18
A minor challenged the dismissal of her petition for judicial waiver of parental consent for an abortion. The appellate court reversed the dismissal, finding the minor demonstrated sufficient maturity to make the decision, despite the lower court's concerns about her intelligence
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Fla. 1st DCA·
2022-01-12
Michael Smith appealed his convictions and life sentence for capital sexual battery, raising four arguments challenging the trial court's handling of prosecutor comments, child hearsay evidence, a statement of particulars motion, and cumulative error. The Florida District Court o
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Fla. 4th DCA·
2022-01-12
Appellant Giovani Guerra appealed two trial court orders: one denying jail credit and another denying his motion to withdraw a guilty plea for lewd and lascivious molestation. The appellate court dismissed the appeal of the first order as untimely but reversed the second order, f
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Fla. 4th DCA·
2022-01-05
The mother appeals a final judgment terminating her parental rights based on her signed consent to adoption. She challenges the trial court's denial of her motion to withdraw consent, alleging the consent was obtained through duress by the father and intermediary and involved sta
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Fla. 3d DCA·
2022-01-05
In this probation violation appeal, the court addresses whether the trial court erred by failing to order a sua sponte competency hearing. The appellant contends that statements made at the probation violation hearing should have triggered additional competency evaluations, but t
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The appellate court affirmed a trial court's denial of a continuance in a dissolution of marriage case. The court found that the former husband's request for a continuance was not supported by unforeseen circumstances or dilatory tactics, and granting it would have prejudiced the
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The appellate court reversed an administrative agency's decision to fine a childcare facility and revoke its designation. The court found the agency abused its discretion by rejecting the administrative law judge's factual findings, which were supported by substantial evidence.
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The trial court erred in awarding fees and costs jointly and severally against the trustee and attorney-in-fact where the trustee's claim was dismissed before trial, and erred in taxing costs for expert witnesses who did not testify at trial. Fees and costs must be apportioned be
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Del. Super. Ct.·
2021-12-21
The Industrial Accident Board's decision awarding total disability benefits, attorney's fees, and medical witness fees is affirmed. The Board's finding that the employee's cervical spine surgery was reasonable, necessary, and causally related to the work accident was supported by
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Fla. 3d DCA·
2021-12-15
This appeal involves a long-running real property boundary dispute between Donald J. Barton and Stewart J. Andrews and Leda N. Andrews spanning over eighteen years with numerous prior proceedings. Barton appealed the trial court's denial of his motion for sanctions against the An
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331 So. 3d 738·
Fla. 4th DCA·
2021-12-15
On remand from the Florida Supreme Court, the Fourth District Court of Appeal affirms the trial court's award of prevailing party attorney's fees to a borrower who successfully defended a foreclosure action by establishing the lender lacked standing at the time the suit was filed
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330 So. 3d 1033·
Fla. 2d DCA·
2021-12-15
The appellate court affirmed the trial court's denial of a motion to disqualify opposing counsel. The court held that the party seeking disqualification lacked standing because he had no attorney-client relationship with the opposing counsel and therefore no privity.
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Fla. 2d DCA·
2021-12-08
The appellate court reversed a portion of a final dissolution order, finding that granting one parent "ultimate decision-making authority" improperly awarded sole parental responsibility without the required findings. The court affirmed the rest of the order.
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Fla. 5th DCA·
2021-12-02
Joshua Haynes appeals a restitution order requiring him to pay $68,043.38 for a stolen GPS unit. The court reverses because the restitution award was based on inadmissible hearsay evidence, vague testimony ('guesstimate'), and improperly resulted in a windfall to the victim by aw
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Fla. 3d DCA·
2021-11-24
Barbara Namon, as personal representative of her late husband's estate, appealed the denial of a motion for temporary injunction seeking to recover a valuable Winslow Homer painting from Sotheby's. The decedent's children claimed ownership through an inter vivos gift, while Barba
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Fla. 4th DCA·
2021-11-24
Brigitte Gursky appeals her convictions for grand theft, identity theft, uttering forged documents, and falsifying records, challenging the trial court's finding that she was competent to stand trial. Two court-appointed mental health experts testified that Defendant was incompet
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Fla. 3d DCA·
2021-11-24
Trial court factual findings regarding sentencing statutory factors supported by competent, substantial evidence in the record must be affirmed, and the sentencing decision itself is reviewed only for abuse of discretion.