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. 3d DCA·
2020-11-12
Gary Warlen, trustee of a trust granting a life estate to ward Catherine Badeaux, appealed a trial court order that declined to terminate the life estate and allocated repair costs for a deteriorating house between the trust and guardianship. The court affirmed the trial court's
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Fla. 4th DCA·
2020-11-12
This case consolidates appeals from two underlying cases where plaintiffs sought to certify a statewide class of Geico policyholders who rejected uninsured/underinsured (UM) motorist coverage online. The appellate court affirmed the denial of class certification, finding the plai
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Fla. 1st DCA·
2020-11-04
The appellate court affirmed a defendant's convictions for battery and possession of a firearm by a convicted felon. The court held that the trial court did not err in excluding evidence of the nonviolent nature of the defendant's prior convictions and in preventing cross-examina
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Fla. 2d DCA·
2020-11-04
The appellate court affirmed a battery conviction, holding that the trial court did not err in denying a request for a special verdict form. The defendant argued the form was needed to ensure a unanimous jury verdict on which of three alleged acts constituted battery.
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Fla. 4th DCA·
2020-10-28
The trial court's equitable distribution must be recalculated to exclude the Acura, include the BMW's negative equity, and value the Charles Schwab accounts as of the trial date. The life insurance requirement must be reconsidered with proper findings, and child support must be r
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Fla. 3d DCA·
2020-10-28
The appellate court affirmed the revocation of probation for Johny Etienne. Etienne argued that the revocation judge's comments about his attorney violated his due process rights to a neutral hearing, but the court found no evidence of personal bias against Etienne that adversely
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Fla. 3d DCA·
2020-10-28
The appellate court affirmed the trial court's decision to grant a new trial. This was based on the defendant's counsel's intentional misrepresentations to the court and improper arguments during closing, which prejudiced the plaintiff and prevented a fair trial.
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Fla. 5th DCA·
2020-10-23
A trial court does not abuse its discretion by giving a standard jury instruction on agency in a vicarious liability case involving a franchise relationship, provided the instruction is not reasonably calculated to mislead or confuse the jury. The failure to give a requested fran
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308 So. 3d 1068·
Fla. 5th DCA·
2020-10-21
R.J. Reynolds appeals a judgment in a wrongful death case where a jury found its Winston and Doral cigarettes were defectively designed and caused Lois Stucky's death from lung cancer. While the appellate court upheld most of the trial judgment, it reversed the punitive damages a
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A witness's testimony recounting a defendant's own prior statements is not improper lay opinion merely because it provides context for understanding those statements, provided the witness is testifying about her personal perception of what was said rather than speculating about m
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Fla. 3d DCA·
2020-10-14
This case involves an appeal from a trial court's order enforcing a prior appellate mandate. The appellate court had previously voided a foreclosure judgment and sale, and on remand, the trial court dissolved an injunction. The current appeal challenges the dissolution of the inj
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Del.·
2020-10-12
The Delaware Supreme Court affirmed the Court of Chancery's decision, holding that the court did not abuse its discretion in relying on the $18 per share deal price as the most persuasive indicator of Stillwater Mining Company's fair value. The court also found no abuse of discre
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Fla. 3d DCA·
2020-09-30
The appellate court reversed a lower court's denial of a child support petition. The lower court had refused to establish child support because the custodial parent failed to appear for hearings, but the appellate court found the Department of Revenue had the statutory authority
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Del.·
2020-09-28
The Delaware Supreme Court affirmed the conviction, finding no merit to the appellant's claims. The court held that the admission of the victim's prior recorded statement was not plain error, the nurse's testimony was admissible, the prosecutor's statement during summation did no
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Fla. 2d DCA·
2020-09-25
A trial court abuses its discretion in denying a motion to reopen a case when the movant had a reasonable excuse for the omission, the request is timely, the opposing party will not be unfairly prejudiced, and the interests of justice favor reopening.
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S.D. Fla.·
2020-09-24
The court denied the motion for a stay pending appeal, finding the movant failed to demonstrate a substantial likelihood of success on the merits or a substantial risk of irreparable injury.
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Fla. 3d DCA·
2020-09-23
The appellate court reversed a trial court's order that denied a motion to set aside a default judgment. The court held that the trial court failed to conduct an evidentiary hearing, which is required when a party presents a colorable claim of excusable neglect or improper servic
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Fla. 3d DCA·
2020-09-23
The appellate court affirmed a trial court's order of direct criminal contempt against Demetrius Antwon Jones. Jones was held in contempt for using profanity in open court and attempting to leave during a hearing, which the court found disrupted its business and undermined its au
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Fla. 4th DCA·
2020-09-09
The appellate court reversed a bad-faith insurance case verdict, finding that the trial court erred by admitting an insurance carrier's activity log note detailing the plaintiffs' settlement offer. The court held this note was irrelevant, inadmissible as a settlement negotiation,
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Fla. 3d DCA·
2020-08-26
The appellate court affirmed a foreclosure judgment against Saraev Properties, LLC. The court held that U.S. Bank National Association adequately pleaded and proved a breach of a loan modification agreement, which was properly incorporated into the foreclosure action.
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Fla. 5th DCA·
2020-08-20
Steven Joseph Miller appeals a modification judgment that rewrote the parties' agreed parenting plan, imposed child support contrary to their agreement, and denied his attorney's fees request. The Fifth District Court of Appeal affirmed in part the modifications to time-sharing a
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Fla. 3d DCA·
2020-08-19
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Fla. 3d DCA·
2020-08-19
The appellate court affirmed a lower court's order that allowed a mother to reenroll children in athletics and required the father to provide transportation. The court found the order was an enforcement of the existing parenting plan, not an impermissible modification.
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Del.·
2020-08-17
The Delaware Supreme Court affirmed the Superior Court's denial of the defendant's motion for postconviction relief. The Court held that while the defendant's ineffective assistance of counsel claims were not procedurally barred, they failed on the merits because the defendant co
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The court granted Plaintiff's motions for extensions of discovery and dispositive motion deadlines due to counsel's withdrawal, but granted Defendant's motion for sanctions, ordering Plaintiff to pay $500 for failing to appear at her deposition.
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Fla. 2d DCA·
2020-08-17
This case involves a minor, Jane Doe, who sought a judicial waiver of parental notice and consent requirements for an abortion. The appellate court affirmed the trial court's dismissal of her petition, finding she failed to prove by clear and convincing evidence that she was matu
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Fla. 3d DCA·
2020-08-12
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Fla. 4th DCA·
2020-08-12
Deutsche Bank, as trustee, appealed a trial court judgment finding it lacked standing to foreclose a mortgage because the note contained an allegedly anomalous indorsement from IndyMac in blank. The appellate court reversed, holding that Deutsche Bank established standing through
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Fla. 1st DCA·
2020-08-12
The appellate court affirmed a defendant's conviction and sentence, specifically addressing the admissibility of North Carolina prison records used to designate him as a prison release reoffender. The court found the records admissible, despite a minor error in the trial court's
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Fla. 1st DCA·
2020-08-06
The appellate court reversed a child support modification order, finding that the trial court improperly applied a timesharing adjustment to a credit for the father's support of another child. The court held there was no evidence of a timesharing arrangement to justify the adjust
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Fla. 3d DCA·
2020-08-05
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Fla. 3d DCA·
2020-08-05
The appellate court affirmed the dismissal of a lawsuit based on the doctrine of forum non conveniens and a mandatory forum selection clause. The court found no abuse of discretion in the lower court's decision to dismiss the case in favor of litigation in Germany.
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Fla. 3d DCA·
2020-07-29
This case consolidates two appeals by Anthony Ward. In one, the court remands for a written probation revocation order, acknowledging the state's concession of error. In the other, the court affirms the denial of a mistrial, finding that a witness's inadvertent mention of a "KKK4
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Fla. 3d DCA·
2020-07-29
The appellate court affirmed in part and reversed in part a trial court's order denying a motion for a new trial in an eminent domain case. The court found no abuse of discretion in limiting expert testimony but reversed regarding severance damages for a cell tower setback.
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Fla. 4th DCA·
2020-07-29
A trial court does not abuse its discretion by limiting the time for preparing a motion for disqualification during a family law proceeding, and such limitation does not violate the code of judicial conduct absent extraordinary circumstances like those in a capital murder case.
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Fla. 4th DCA·
2020-07-29
The appellate court reversed a juvenile's convictions and sentences, finding that the trial court violated his due process rights by considering grounds for revoking juvenile sanctions not included in the original affidavit and by improperly designating him a Violent Felony Offen
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Fla. 4th DCA·
2020-07-29
The appellate court dismissed part of the former husband's appeal as untimely and affirmed the denial of his petition to modify child support. The court also denied his petition for a writ of prohibition to disqualify the trial judge, finding his arguments legally insufficient.
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Fla. 4th DCA·
2020-07-29
The appellate court reversed a juvenile's convictions and sentences, finding that the trial court violated due process by considering grounds for revoking juvenile sanctions not included in the original affidavit and by improperly designating the juvenile as a Violent Felony Offe
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S.D. Fla.·
2020-07-28
The court held that the bankruptcy court did not abuse its discretion in annulling the automatic stay retroactively to validate the foreclosure sale.
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M.D. Fla.·
2020-07-27
The district court affirmed the bankruptcy court's order converting the case to Chapter 7 and denying reconsideration, finding no abuse of discretion.
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Fla. 3d DCA·
2020-07-22
The appellate court affirmed the revocation of community control but remanded for correction of the revocation order. The court found no abuse of discretion in denying the defendant's request for an interpreter or a competency evaluation, but agreed that the written order include
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Fla. 3d DCA·
2020-07-15
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Fla. 1st DCA·
2020-07-13
The appellate court affirmed a conviction for multiple felonies, including sexual battery, affirming the trial court's decision to deny a motion to sever the trial. The court held that the codefendant's statement, which implicated the appellant, was admissible as an adoptive admi
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Fla. 5th DCA·
2020-07-02
The appellate court reversed a trial court's decision to appoint a non-relative as guardian for two minor children, finding that the trial court erred by not giving sufficient weight to the mother's fundamental right to direct her children's upbringing. The court held that parent
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Fla. 5th DCA·
2020-07-01
The District Court of Appeal of Florida reversed a trial court's appointment of a non-relative as guardian of minor children, holding that when a parent with intact parental rights selects fit relatives as guardians, the parent's choice cannot be overridden by applying a general
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Fla. 4th DCA·
2020-07-01
The trial court did not abuse its discretion in denying the motion to strike the jury panel where a prospective juror identified defense counsel as a public defender, because the statement was not disparaging, the trial court provided a curative instruction, and no jurors indicat
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Fla. 3d DCA·
2020-07-01
The appellate court reviewed a trial court's order setting a supersedeas bond for a buyer appealing a final judgment in a real estate contract dispute. The court found the trial court abused its discretion by not explaining how it calculated the bond amount, making the order unre
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306 So. 3d 331·
Fla. 3d DCA·
2020-07-01
Jose Palos appealed his conviction for shooting or throwing a deadly missile and aggravated assault with a firearm, arguing the trial court erred by denying his request for re-cross-examination of the victim. The appellate court affirmed, finding the issue was not properly preser
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Fla. 1st DCA·
2020-06-29
The appellate court reversed a trial court's summary judgment for a school district on a former teacher's racial discrimination claim, finding the trial court erred by striking the teacher's affidavit. However, the court affirmed summary judgment on the teacher's whistleblower re
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Fla. 3d DCA·
2020-06-24
The appellate court affirmed a conviction for misdemeanor battery, holding that the prosecution's closing arguments regarding self-defense did not improperly shift the burden of proof. The court found the arguments reflected the state's belief that it had met its burden of proof