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. 5th DCA·
2021-11-12
The trial court did not abuse its discretion in permitting Bekki Lindenberger to amend the complaint to properly name the Estate of Myriam Ivette Colon-Perez as a party defendant.
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Fla. 5th DCA·
2021-11-11
Mohamed Essa appeals a trial court order temporarily modifying a stipulated parenting plan based on a two-year-old social investigation report. The appellate court reversed, holding that temporary modification of custody requires an emergency situation with competent substantial
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Fla. 3d DCA·
2021-11-10
Jared Lopez, an attorney who served as counsel for the plaintiff, appeals a final judgment imposing attorney's fees as sanctions under Florida Statute section 57.105. The trial court determined that defendants were the prevailing party following Lopez's filing of a notice of volu
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Fla. 5th DCA·
2021-11-04
William D. Jenkins appealed the trial court's denial of his motion to set aside a judicial foreclosure sale of his home by Silver Pines Association, Inc., which foreclosed on a lien for unpaid homeowner association fees. The court affirmed, holding that Jenkins failed to meet his
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Fla. 1st DCA·
2021-11-03
The appellate court affirmed the trial court's order disqualifying a law firm, Carver Darden, from representing First Fidelity. The disqualification was based on a conflict of interest arising from the firm's prior representation of a court-appointed receiver for Shelter Cove Con
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Fla. 1st DCA·
2021-11-03
The appellate court affirmed the trial court's decision to disqualify the law firm Carver Darden from representing First Fidelity. The disqualification was based on a conflict of interest, as the firm had previously represented the court-appointed receiver for Shelter Cove Condom
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Fla. 1st DCA·
2021-11-03
The appellate court affirmed the trial court's order disqualifying the law firm Carver Darden from representing First Fidelity. The court found that Carver Darden's prior representation of a court-appointed receiver, which involved assisting in levying a special assessment, creat
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Fla. 3d DCA·
2021-11-03
Appellants Rosita Jesser, Lorena Attalah, and Yolanda Kenny appealed a trial court's order denying their motion under Florida Rule of Civil Procedure 1.540(b) to vacate or set aside a partial summary judgment. The appellate court affirmed the trial court's denial, finding no abus
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Fla. 4th DCA·
2021-10-27
Jennifer Garcia, a licensed advanced practice registered nurse and certified nurse midwife, appealed the Agency for Health Care Administration's denial of her request for an exemption from disqualification from the Medicaid program based on a misdemeanor theft conviction. The cou
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Fla. 3d DCA·
2021-10-27
The appellate court affirmed the trial court's denial of a motion to vacate a default judgment. The court held that knowledge of a defendant's representation by counsel is insufficient to vacate a default; the plaintiff's counsel must also have actual knowledge that the defendant
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Fla. 3d DCA·
2021-10-27
In this foreclosure action, College Health II, GP, Inc. appealed the trial court's denial of its motions to vacate a court default and resulting default judgment. College Health argued that the default should be lifted because the opposing counsel had actual knowledge of its repr
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An unissued or undelivered promissory note is binding on the maker under Florida Statute § 673.1051(2), and nondelivery is a defense that must be affirmatively pleaded; because the defendant failed to raise nondelivery as an affirmative defense, the notes were enforceable.
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Fla. 1st DCA·
2021-10-27
The appellate court affirmed a conviction for aggravated battery, finding no abuse of discretion in the trial court's decision to strike a prospective juror for cause due to significant memory problems. The court also affirmed the denial of a Stand-Your-Ground immunity claim and
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330 So. 3d 573·
Fla. 4th DCA·
2021-10-27
In a post-dissolution of marriage case, the husband appeals an award of $282,105.34 in attorney's fees granted to the wife. The appellate court affirms the trial court's determination that the wife is entitled to attorney's fees based on the husband's bad faith conduct, but rever
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The court held that the denial of the plaintiff's motion to reopen or reconsider his adjustment of status application was not arbitrary, capricious, or an abuse of discretion because he willfully misrepresented material facts regarding his arrests.
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M.D. Fla.·
2021-10-21
The court held that a motion to amend a complaint to add a new defendant should be denied due to undue delay, even if the proposed amendment might not be futile.
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11th Cir.·
2021-10-20
The Eleventh Circuit held that the district court did not abuse its discretion by staying the case in favor of parallel state court proceedings, as the core issue involved interpretation of a state-law marital settlement agreement.
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Fla. 3d DCA·
2021-10-20
Helen Berggren and Howard Galbut appealed a trial court order vacating a default judgment against North Miami Bagels, Inc. The appellate court reversed, finding the trial court erred by failing to apply a presumption of service when Berggren's counsel mailed the trial order to Ba
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S.D. Fla.·
2021-10-19
The district court affirmed the bankruptcy court's orders granting relief from the automatic stay and abstaining from hearing the adversary proceeding, finding no abuse of discretion.
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Fla. 5th DCA·
2021-10-15
The trial court did not abuse its discretion in ordering a new trial based on the admission of evidence regarding a prior knee surgery, though evidence of diabetes was properly admitted because the Broadways invited the issue on direct examination.
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Fla. 3d DCA·
2021-10-06
Trial courts have broad discretion in ordering payment of temporary attorney's fees and costs based on the parties' respective need and ability to pay, and such orders will not be reversed absent an abuse of discretion.
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Fla. 3d DCA·
2021-10-06
Alphonso Lucas was convicted of first-degree murder, armed burglary with assault, and aggravated animal cruelty, with lesser-included convictions for aggravated battery on attempted murder counts. On appeal, Lucas challenged evidentiary rulings, denial of a sentencing hearing, an
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Fla. 3d DCA·
2021-10-06
Paulo Cesar Mantegazza Pomelli appealed two trial court orders imposing sanctions: one under Florida Statute § 57.105 and one under the court's inherent authority. The Third District Court of Appeal affirmed the § 57.105 sanctions but reversed and remanded the inherent authority
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326 So. 3d 203·
Fla. 5th DCA·
2021-10-01
A trial court's denial of a domestic violence injunction petition is affirmed when competent, substantial evidence supports the finding that the petitioner failed to demonstrate reasonable cause to believe she was in imminent danger of becoming a victim of domestic violence.
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Fla. 2d DCA·
2021-09-29
A direct criminal contempt conviction must be reversed when the trial court fails to issue a written judgment with factual findings and denies the defendant a meaningful opportunity to present evidence of excusing or mitigating circumstances, as required by Florida Criminal Proce
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Fla. 5th DCA·
2021-09-29
The Florida Fifth District Court of Appeal reversed a trial court's dismissal of the Department of Children and Families' petition for a child abuse injunction, holding that section 39.504(3) permits courts to consider hearsay evidence at injunction hearings—including a child's s
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M.D. Fla.·
2021-09-24
The appellate court affirmed the bankruptcy court's judgment, holding that no fiduciary relationship existed for the non-dischargeability claim under 11 U.S.C. § 523(a)(4) and that the debtor did not commit a knowing and fraudulent false oath under 11 U.S.C. § 727(a)(4). The cour
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Fla. 1st DCA·
2021-09-22
Stanley Harris pleaded guilty to third-degree murder and discharging a firearm from a vehicle in connection with the death of a seven-year-old girl killed by crossfire during an armed robbery. Harris sought to withdraw his guilty plea prior to sentencing, claiming he misunderstoo
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Fla. 3d DCA·
2021-09-22
A trial court's award of attorney's fees made pursuant to a charging lien will not be disturbed absent a clear abuse of discretion, and where an evidentiary hearing is held and the record contains competent substantial evidence supporting the fee award, including testimony from t
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Fla. 5th DCA·
2021-09-17
A trial court must conduct a Nelson hearing when a defendant makes clear and unequivocal statements requesting discharge of appointed counsel based on specific allegations of incompetence arising from current representation.
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Fla. 1st DCA·
2021-09-15
Appellants challenged a trial court's exclusion of their medical expert's testimony regarding causation in a negligence suit against a landlord for alleged mold exposure during pregnancy. The appellate court affirmed the exclusion, holding that the expert lacked the specialized k
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Fla. 4th DCA·
2021-09-08
This case involves appeals from a trial court's decision to remove Kevan Boyles as trustee and personal representative, and to deny Rosemary Cooney's petition to be substituted as successor. The appellate court affirmed the trial court's rulings, finding that the testatrix validl
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Fla. 4th DCA·
2021-09-08
Kevan Boyles, an attorney suspended from practice, appeals his removal as trustee and personal representative of Margaret Ann Trevarthen's estate after the testatrix executed documents revoking the 2015 trust and will in favor of Ivan Jimenez. The court affirmed the removal of Bo
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Fla. 5th DCA·
2021-09-02
Lillian Curvey appeals the denial of her motion to dissolve a temporary injunction prohibiting her from making allegedly false and defamatory statements about Avante Group, Inc. The court holds that the injunction constitutes an unconstitutional prior restraint on speech and reve
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Fla. 3d DCA·
2021-08-25
A trial court does not abuse its discretion in awarding section 57.105 sanctions against an attorney who presents unsupported claims or defenses, provided the award is supported by substantial competent evidence.
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Fla. 2d DCA·
2021-08-20
This case involves a dispute over contract breaches and negligent misrepresentation related to an oil re-refining project. The appellate court reversed a portion of the lower court's judgment, finding that the jury's award of zero damages on NexLube's negligent misrepresentation
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Fla. 3d DCA·
2021-08-18
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Fla. 2d DCA·
2021-08-13
The appellate court reversed a contempt of court finding against a pro se litigant who altered a note during a foreclosure trial. The court held that while the litigant's act was intentional, the record did not prove beyond a reasonable doubt that she intended to obstruct justice
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S.D. Fla.·
2021-08-12
The court held that the plaintiff failed to demonstrate that the magistrate judge's order limiting the scope of discovery regarding prior incidents was clearly erroneous or contrary to law.
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Fla. 1st DCA·
2021-08-12
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Del.·
2021-08-06
The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the State presented sufficient evidence to authenticate text messages found on a cellphone recovered from the defendant's bedroom and that the prosecutor's remarks during rebuttal summation did not co
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A proponent of business records under Florida Statute § 90.803(6) need only lay foundation using the language of the statute or a close approximation thereof, without requiring the testifying witness to detail the basis for familiarity with business practices.
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Fla. 5th DCA·
2021-07-30
A postconviction court abuses its discretion by denying a defendant's request for appointed counsel at an evidentiary hearing on a Rule 3.850 motion when the defendant lacks sophistication and education and the hearing is complex and adversarial in nature.
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Fla. 3d DCA·
2021-07-28
United Automobile Insurance Company appeals a directed verdict in favor of NB Sports Massage and Rehab Corp. for unpaid PIP benefits. The trial court precluded United's medical expert from testifying regarding an IME report, finding the report inadmissible hearsay. The court reve
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Fla. 3d DCA·
2021-07-28
A trial court's modification of timesharing and child support supported by competent substantial evidence is affirmed, but an appeal of a mere finding of entitlement to attorney's fees without a fixed amount is dismissible as non-final.
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Fla. 3d DCA·
2021-07-21
A trial court's order on a motion to disqualify counsel is reviewed for abuse of discretion, and an appellate court will not substitute its judgment for the trial court's factual findings if supported by competent substantial evidence.
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Fla. 3d DCA·
2021-07-21
Dismissal is an improper sanction for violation of a mediation order when two of three parties substantially complied with the requirement and less severe alternatives, such as attorney's fees and mediation costs, are available to remedy the noncompliance.
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Fla. 3d DCA·
2021-07-21
Murline Gelin appealed a jury verdict in a negligence case arising from a 2012 slip-and-fall injury in her apartment building's stairwell. The jury awarded $44,500 in damages, and Gelin challenged the trial court's denial of her motion for additur or new trial, contending the awa
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324 So. 3d 1014·
Fla. 1st DCA·
2021-07-21
The appellate court affirmed a trial court's decision to allow evidence of tobacco companies' multi-billion dollar settlement payments to states as mitigation in a punitive damages trial. The court found this evidence relevant to the jury's assessment of appropriate punishment an
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Fla. 1st DCA·
2021-07-15
The appellate court reversed a permanent alimony award in a short-term marriage, finding that the trial court failed to establish exceptional circumstances required by statute. The court emphasized that legal rights stem from marriage, not cohabitation, and that the premarital re