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
-
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
-
Fla. 5th DCA·
2020-06-19
A trial court does not abuse its discretion in denying a continuance request made one hour before a pretrial conference when the case has already been granted five continuances and involves a co-defendant, nor in denying a motion to withdraw a plea on counts where the defendant f
-
Fla. 5th DCA·
2020-06-18
The State appeals a trial court's downward departure sentence for sexual abuse of a minor, challenging the court's finding that the victim was a willing participant. The appellate court reverses, holding that evidence of grooming, coercion, threats, and the victim's fear clearly
-
Fla. 3d DCA·
2020-06-17
The appellate court affirmed a trial court's decision to impose a 30-day electronic monitoring requirement as a special condition of probation for a juvenile. The court found no abuse of discretion in the trial court's decision.
-
306 So. 3d 224·
Fla. 3d DCA·
2020-06-10
The appellate court partially reversed a trial court's award of trustee fees and costs. While affirming most of the award, the court found the trial court erred in calculating the hourly rate for the trustee's expert witness, remanding for recalculation.
-
Fla. 3d DCA·
2020-06-03
The Florida Department of Children and Families sought to adjudicate a seven-month-old child as dependent due to corner fractures in both legs indicating child abuse. The trial court found the mother credible but, relying on medical expert testimony, adjudicated the child depende
-
The trial court abused its discretion by refusing to give a jury instruction on the presumption of reasonable fear for justifiable use of deadly force and by excluding medical testimony regarding the defendant's myasthenia gravis diagnosis, both of which were supported by evidenc
-
Fla. 1st DCA·
2020-05-26
The appellate court affirmed a defendant's convictions, holding that the trial court did not abuse its discretion in denying a mistrial. The defendant argued that two jurors did not hear a significant portion of a key witness's testimony.
-
Fla. 4th DCA·
2020-05-20
A trial court errs and commits harmful error by allowing a jury to view new physical evidence of a defendant during deliberations, including a specific body positioning and facial profile not presented at trial, when the identity of the defendant is a central issue in the case.
-
Fla. 1st DCA·
2020-05-20
The appellate court affirmed a conviction for possession of cannabis, holding that the trial court did not abuse its discretion by refusing to strike the jury panel after a prospective juror stated the defendant looked familiar. The court found the juror's comment did not create
-
Fla. 2d DCA·
2020-05-20
The appellate court affirmed in part and reversed in part a conviction for drug possession and driving with a suspended license. While the ineffective assistance of counsel claim was affirmed, the court reversed a special condition of probation requiring a test for sexually trans
-
Fla. 3d DCA·
2020-05-13
The appellate court affirmed the trial court's dismissal of the case based on forum non conveniens. The court found that Mexico was an adequate alternative forum for the litigation, and the trial court did not abuse its discretion in granting the motion to dismiss.
-
Fla. 3d DCA·
2020-05-13
The appellate court affirmed the trial court's dismissal of a case based on forum non conveniens. The court found that the trial court did not abuse its discretion in determining that Mexico was an adequate alternative forum, despite the plaintiffs' claims of fear for their safet
-
Fla. 3d DCA·
2020-05-13
The appellate court affirmed the denial of the Lopezes' motion to vacate a final summary judgment of foreclosure. The court found that the motion improperly raised issues already litigated and that the Lopezes failed to demonstrate entitlement to an evidentiary hearing on their f
-
Fla. 1st DCA·
2020-05-08
The appellate court affirmed the trial court's denial of Lexington Insurance Company's motion to intervene in a wrongful death lawsuit. Lexington sought to intervene solely to distribute the remaining $10 of insurance coverage, arguing it would promote judicial economy. The court
-
Fla. 3d DCA·
2020-05-06
The appellate court affirmed the defendant's convictions and sentences for thirty counts of possession of child pornography. The court found no error in the trial court's denial of a request to recall a witness without a proffer, its failure to sua sponte order a competency reeva
-
Fla. 3d DCA·
2020-05-06
The appellate court denied a mother's petition for certiorari, upholding a trial court's order for her to undergo a mental health evaluation as part of a dependency case. The court found that the mother's mental health was in controversy due to her admitted need for trauma therap
-
Fla. 1st DCA·
2020-05-06
The appellate court affirmed the denial of a motion for postconviction relief, finding that the lower court did not abuse its discretion by limiting the scope of an evidentiary hearing and excluding certain testimony. The appellant argued he was denied a full and fair hearing.
-
The appellate court reversed a murder conviction because the trial court improperly excluded evidence crucial to the defendant's self-defense claim. The excluded evidence included a toxicology report showing the victim's blood-alcohol content and testimony about a knife found on
-
The Delaware Superior Court affirmed the permanent revocation of Dr. Gala's medical license and the revocation of his controlled substances registration. The court found that the decisions of the Board of Medical Licensure and Discipline and the Secretary of State were supported
-
Fla. 5th DCA·
2020-05-01
This case involves a father appealing a trial court's final order dissolving his marriage and subsequent contempt orders for failing to pay child support, alimony, and attorney's fees. The appellate court affirmed the dissolution order but reversed the contempt orders, finding th
-
Fla. 5th DCA·
2020-05-01
This case involves a father appealing aspects of a divorce order and subsequent contempt orders for non-payment of child support and alimony. The appellate court affirmed the divorce order but reversed the contempt findings, finding the father lacked the present ability to pay th
-
Fla. 5th DCA·
2020-04-30
Bradley Pace appeals a dissolution of marriage order and subsequent civil contempt rulings for non-payment of child support and alimony. The court affirmed the dissolution order but reversed the contempt findings, holding that the trial court erred in concluding Pace had the abil
-
295 So. 3d 864·
Fla. 1st DCA·
2020-04-29
The appellate court reversed a trial court's durational alimony award in a divorce case. The court found the trial judge erred by not properly addressing the presumption of permanent alimony for a long-term marriage, improperly imputing income to the former wife, and considering
-
Fla. 3d DCA·
2020-04-29
-
Fla. 4th DCA·
2020-04-29
A trial court abuses its discretion in finding direct criminal contempt for perjury when it weighs conflicting evidence, relies on out-of-court documents, or the defendant does not admit the falsity of the statements. Direct criminal contempt for perjury requires that the falsity
-
Fla. 5th DCA·
2020-04-23
The court held that the trial court did not abuse its discretion in increasing alimony and child support, as its rulings were supported by competent substantial evidence.
-
11th Cir.·
2020-04-23
The Eleventh Circuit denied the state's motion for a stay of a preliminary injunction, finding the state had not made a strong showing of likely success on the merits.
-
Fla. 3d DCA·
2020-04-22
The appellate court affirmed a lower court's denial of a motion to vacate a settlement agreement and final judgment. The appellant had signed the settlement agreement, which included a waiver of service of process, and later sought to vacate the judgment enforcing it, arguing he
-
Fla. 4th DCA·
2020-04-22
A former wife appealed a circuit court's dismissal with prejudice of her supplemental petition seeking recovery of her interest in the marital home. The appellate court reversed, finding that the 2009 final judgment of dissolution was ambiguous regarding the marital home's dispos
-
Fla. 1st DCA·
2020-04-21
The appellate court affirmed a defendant's convictions for armed robbery and shooting a firearm, holding that the trial court did not err by admitting testimony from a special deputy U.S. marshal about his task force's focus on violent offenders. The court found this testimony wa
-
Fla. 4th DCA·
2020-04-15
Child hearsay statements alleging sexual abuse are inadmissible under § 90.803(23) when they lack corroborating evidence independent of the child's own statements, even if reliability indicia are established. The trial court erred in relying on the child's normal self-touching be
-
Fla. 1st DCA·
2020-04-03
The appellate court affirmed convictions for child molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the probative value of the hearsay was not outweighed by u
-
Fla. 1st DCA·
2020-04-03
The appellate court affirmed a defendant's convictions for child molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the hearsay was not unfairly prejudicial.
-
Fla. 1st DCA·
2020-04-03
The appellate court affirmed a defendant's convictions for child molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the probative value of the hearsay was not o
-
Fla. 3d DCA·
2020-04-01
This medical malpractice case involved a former football player suing his doctor. The appellate court affirmed the trial court's decision, finding no abuse of discretion in excluding certain prior testimony and admitting the testimony of treating physicians.
-
When attorney's fees are sought under Florida Statute § 61.16 in a family law enforcement proceeding, the trial court must find that the obligor has the financial ability to pay before awarding fees, and an award is an abuse of discretion if the court finds no such ability exists
-
Fla. 4th DCA·
2020-03-25
The appellate court reversed a juvenile delinquency adjudication and commitment order. The court found the trial judge failed to follow specific legal procedures required when departing from the Department of Juvenile Justice's (DJJ) recommendations, necessitating a new dispositi
-
Fla. 3d DCA·
2020-03-25
This case concerns whether a wife met Florida's six-month residency requirement to file for divorce. The appellate court affirmed the trial court's dismissal, finding the wife failed to prove residency by clear and convincing evidence.
-
Del.·
2020-03-24
The Superior Court did not abuse its discretion in denying the plaintiffs' motion for a second extension to move the trial date. The court correctly applied the good cause standard, finding that the plaintiffs lacked diligence, the need for more time was foreseeable, and refusing
-
Fla. 2d DCA·
2020-03-20
The appellate court reversed an order revoking a sex offender's probation because the state failed to prove a rational relationship between sexually explicit material found on the offender's phone and his deviant behavior pattern. The court emphasized that the evidence must speci
-
Fla. 3d DCA·
2020-03-18
-
304 So. 3d 1280·
Fla. 3d DCA·
2020-03-18
This case concerns whether "actual cash value" under an insurance policy includes costs for matching undamaged tiles and cabinets. The appellate court affirmed the exclusion of matching costs as direct physical loss but reversed the judgment on the breach of contract claim due to
-
304 So. 3d 1280·
Fla. 3d DCA·
2020-03-18
The appellate court affirmed a trial court's decision to exclude evidence of matching costs for undamaged property in a breach of insurance contract claim, finding it was not part of the "actual cash value" under the policy and statute. However, it reversed the judgment on the br
-
Fla. 2d DCA·
2020-03-13
The appellate court reversed a conviction for drug trafficking because the prosecutor misstated the law regarding the "knowledge" element of the offense during closing arguments. The court found this misstatement, which was not corrected by the trial court, was not harmless error
-
Fla. 2d DCA·
2020-03-13
When a trial court dismisses a case without prejudice as a sanction for failure to comply with discovery orders, the court is not required to make express written findings of willful disregard of the court order, because dismissal without prejudice is not the ultimate sanction an
-
Fla. 1st DCA·
2020-03-12
The appellate court affirmed the conviction of second-degree murder and possession of a firearm by a felon. The appellant argued that the trial court erred in several rulings, including admitting evidence, denying a motion for acquittal, jury instructions, and prosecutorial misco
-
The appellate court reversed a trial court's order granting a new trial after a jury awarded damages to a plaintiff for negligent hiring. The appellate court found the trial court used an erroneous legal standard in granting the new trial, failing to apply the proper test for att
-
Fla. 2d DCA·
2020-03-06
Section 733.1061(2) does not limit sources of attorney's fee payment to a party's interest in the estate or other property; a probate court has discretion to award fees from the estate corpus. The probate court did not abuse its discretion in awarding fees from the corpus under t
-
M.D. Fla.·
2020-02-27
The court affirmed the bankruptcy court's order denying disqualification, but vacated the finding that Rule 2014 was not violated, remanding for further proceedings.