De Novo Appellate Review

232 Florida cases classified under this topic, plus 752 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Hadden v. State
  690 So. 2d 573· Fla.· 1997-02-06 ·cited 186×
  The Florida Supreme Court held that expert testimony regarding child sexual abuse accommodation syndrome (CSAAS) must satisfy the Frye standard for novel scientific evidence and determined that such syndrome testimony currently does not meet that standard and therefore is inadmis
• Brim v. State
  695 So. 2d 268· Fla.· 1997-01-16 ·cited 168×
  Robert Brim challenges the admissibility of DNA population frequency statistics used to convict him of sexual battery and burglary. The Florida Supreme Court holds that both steps of DNA analysis—the biological matching process and the statistical calculation of population freque
• Olan Jett v. Blue Cross & Blue Shield OF Ala., Inc.
  890 F.2d 1137· 11th Cir.· 1989-12-18 ·cited 113×
  The court held that the denial of benefits was arbitrary and capricious because Blue Cross failed to adequately investigate the medical necessity of the hospitalization, despite the treating physicians' opinions.
• Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs
  379 F. Supp. 3d 1244· M.D. Fla.· 2019-05-03 ·cited 99×·via De Novo Review Of Legal Conclusions
  A proposed FLSA settlement agreement cannot be approved when it is unsigned, contains material discrepancies between claimed and settlement amounts without explanation, fails to allocate liquidated damages, lacks adequate consideration for released claims and non-cash concessions
• Victorino v. State
  23 So. 3d 87· Fla.· 2009-11-25 ·cited 76×
  Troy Victorino was convicted of six counts of first-degree murder and sentenced to death for four of those murders in connection with a brutal home invasion and killing spree in August 2004. The Florida Supreme Court upheld his convictions and death sentences, rejecting constitut
• Geraud L. Moreland v. Agency for Persons with Disabilities
  19 So. 3d 1009· Fla. 1st DCA· 2009-08-21 ·cited 70×·via De Novo Review Of Legal Conclusions
  The court held that the administrative law judge erred in finding proposed rules for Medicaid waiver benefits valid, as they contravened statutory requirements for assessment instruments and tier placement.
• State v. Rabb
  920 So. 2d 1175· Fla. 4th DCA· 2006-02-15 ·cited 65×·via De Novo Review Of Legal Conclusions
  Florida appealed a trial court's suppression of evidence obtained from James Rabb's home, challenging the finding that a drug-detection dog's sniff at the exterior of the house constituted an unconstitutional search. The Fourth District affirmed the suppression, holding that dog
• United States v. Gerald Levy (89-5980) & Calvin Black (89-6099)
  904 F.2d 1026· 6th Cir.· 1990-05-25 ·cited 63×·via De Novo Review Of Legal Conclusions
  The court affirmed the convictions and sentences, holding that the district court did not err in its evidentiary rulings, jury instructions, or sentencing decisions, and that the challenged statute was not unconstitutionally vague or disproportionate.
• Rivera v. State
  859 So. 2d 495· Fla.· 2003-09-11 ·cited 61×·via De Novo Review Of Legal Conclusions
  Michael Rivera, a death row inmate convicted of murdering an 11-year-old child, appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial
• United States v. Malin
  908 F.2d 163· 7th Cir.· 1990-07-19 ·cited 55×
  The court affirmed the conviction, holding that probable cause supported the search warrant and that the jury instructions and evidence were sufficient for the firearm offense conviction.
• Nixon v. State
  2 So. 3d 137· Fla.· 2009-01-22 ·cited 53×·via De Novo Review Of Legal Conclusions
  Joe Elton Nixon, convicted and sentenced to death for a 1984 murder, appealed the trial court's denial of his motion for postconviction relief claiming mental retardation bars his execution under Atkins v. Virginia. The Florida Supreme Court affirmed the trial court's finding tha
• Martori Bros. Distribs. v. Jyrl James-Massengale
  781 F.2d 1349· 9th Cir.· 1986-01-30 ·cited 53×
  The court held that the California Agricultural Labor Relations Board's (ALRB) 'make-whole' remedy, which includes fringe benefits, is not preempted by ERISA, nor does it violate the Contract Clause or Fifth Amendment.
• Sotelo v. Ind. State Prison & Linley E. Pearson
  850 F.2d 1244· 7th Cir.· 1988-06-29 ·cited 46×
  The court's opinion, which the author concurs with, applies de novo appellate review to the ultimate issue of confession voluntariness. However, the author argues this approach is incorrect.
• State v. Walthour
  876 So. 2d 594· Fla. 5th DCA· 2004-06-04 ·cited 45×
  The court held that the trial court erred in dismissing charges for possession of a concealed weapon and drug paraphernalia, as the facts presented a prima facie case for jury determination.
• Fla. Int'l Univ. Bd. OF Trs. v. Fla. Nat'l Univ., Inc.
  830 F.3d 1242· 11th Cir.· 2016-07-26 ·cited 44×·via De Novo Review Of Legal Conclusions
  Florida International University sued Florida National University for trademark infringement and unfair competition after FNU changed its name from Florida National College to Florida National University in 2012. The Eleventh Circuit affirmed the district court's judgment in favo
• Verizzo v. The Bank OF NEW York Under Novastar Mortg. Funding Tr.
  28 So. 3d 976· Fla. 2d DCA· 2010-03-03 ·cited 42×
  The court held that a summary judgment of foreclosure must be reversed because the bank's evidence was not timely served and filed, and a genuine issue of material fact existed regarding the bank's standing.
• United States v. Hale
  784 F.2d 1465· 9th Cir.· 1986-03-21 ·cited 41×
  The court held that the warrant was invalid as to the magazine 'Joe and His Uncle' due to lack of specific description, reversing convictions based on that item. However, sufficient evidence supported the remaining convictions.
• United States v. Smith
  900 F.2d 1442· 10th Cir.· 1990-03-29 ·cited 38×·via De Novo Review Of Legal Conclusions
  Sentences imposed after the commission of the instant offense but before sentencing on that offense are considered 'prior sentences' for calculating the criminal history category under the Sentencing Guidelines.
• Darell Robinson v. State
  267 So. 3d 567· Fla. 1st DCA· 2019-04-03 ·cited 36×
  Evidence is sufficient to support a conviction for solicitation to commit first-degree murder when the defendant explicitly and repeatedly expresses present intent for the crime to be carried out, actively seeks to facilitate it, and continues pursuing the arrangement even after
• United States v. W. Elec. Co.
  900 F.2d 283· D.C. Cir.· 1990-04-03 ·cited 36×
  The court held that the district court erred in lifting the restriction against BOC participation in information services, reversing and remanding that decision, while affirming other rulings.
• Peace River/Manasota Reg'l Water Supply Auth. v. IMC Phosphates Co.
  18 So. 3d 1079· Fla. 2d DCA· 2009-02-10 ·cited 35×·via De Novo Review Of Legal Conclusions
  The Peace River/Manasota Regional Water Supply Authority appealed the Department of Environmental Protection's approval of phosphate mining permits for IMC Phosphates, challenging the agency's standing determination and refusal to consider cumulative environmental impacts. The co
• Jenkins v. State
  978 So. 2d 116· Fla.· 2008-03-06 ·cited 34×
  The Florida Supreme Court affirmed that police had probable cause to arrest Jenkins based on a confidential informant's tip, that the search of Jenkins' person was reasonable under the Fourth Amendment, and that the exclusionary rule does not apply to violations of Florida's stri
• Taylor & Gaskin, Inc. v. Chris-Craft Indus.
  732 F.2d 1273· 6th Cir.· 1984-04-12 ·cited 34×·via De Novo Review Of Legal Conclusions
  A buyer cannot recover recall expenses attributable to its own negligence as consequential damages for a seller's breach of warranty.
• Mobley v. State
  132 So. 3d 1160· Fla. 3d DCA· 2014-01-02 ·cited 33×·via De Novo Review Of Legal Conclusions
  Gabriel Mobley was charged with two counts of second-degree murder for shooting two men outside a restaurant. The Florida Third District Court of Appeal granted Mobley's petition for writ of prohibition, finding that he was entitled to immunity from prosecution under Florida's St
• Alan and Teresa Cohen v. Kravit Est. Buyers, Inc.
  843 So. 2d 989· Fla. 4th DCA· 2003-04-30 ·cited 30×
  The appellate court reversed a final judgment ordering specific performance of a real estate purchase contract, finding the trial court erred in its interpretation of contract provisions regarding development approvals and a seawall permit.
• United States v. Duncan
  918 F.2d 647· 6th Cir.· 1990-11-08 ·cited 30×·via De Novo Review Of Legal Conclusions
  The court held that a district court did not err in enhancing a sentence for firearm possession during a drug offense, refusing to suppress evidence from a warrantless search, or denying the return of unmarked cash seized and applied to the sentence.
• Cent. States Se. & Sw. Areas Pension Fund & Daniel J. Shannon v. Kraftco, Inc.
  799 F.2d 1098· 6th Cir.· 1986-09-02 ·cited 30×·via De Novo Review Of Legal Conclusions
  The court reversed the district court's decision regarding the applicability of § 302.
• DAW Indus., Inc. v. The United States
  714 F.2d 1140· Fed. Cir.· 1983-08-09 ·cited 30×·via De Novo Review Of Legal Conclusions
  The court held that imported sheaths and socks for amputee limbs are classifiable as 'other prosthetic articles' rather than wearing apparel, as this classification is more specific.
• Kramer v. State Farm Fla. Ins. Co.
  95 So. 3d 303· Fla. 4th DCA· 2012-07-18 ·cited 29×
  The Kramers appealed summary judgment in favor of State Farm for their hurricane damage claim. The court affirmed, holding that the insureds' failure to provide timely notice and proof of loss violated conditions precedent to suit, and their structural engineer's affidavit failed
• State v. Manuel
  796 So. 2d 602· Fla. 4th DCA· 2001-09-12 ·cited 29×·via De Novo Review Of Legal Conclusions
  The State appeals the suppression of cocaine evidence and dismissal of a resisting arrest charge. The trial court suppressed evidence from a stop based on a convenience store clerk's tip, concluding the information was unreliable. The appellate court reversed, holding that the cl
• Hutchinson v. State
  17 So. 3d 696· Fla.· 2009-07-09 ·cited 28×·via De Novo Review Of Legal Conclusions
  Jeffrey Hutchinson appeals the denial of his Rule 3.851 postconviction motion challenging his conviction for four counts of first-degree murder and three death sentences in the shooting deaths of his live-in girlfriend and her three children. The Florida Supreme Court affirms the
• Smith v. Smith
  971 So. 2d 191· Fla. 1st DCA· 2007-12-31 ·cited 28×·via De Novo Review Of Legal Conclusions
  In this divorce appeal, the First District Court of Appeal reversed the trial court's classification of the marital home as a nonmarital asset and its award of shared parental responsibility to an incarcerated father with a history of criminal conduct and substance abuse. The cou
• United States v. Estridge
  797 F.2d 1454· 8th Cir.· 1986-03-13 ·cited 28×·via De Novo Review Of Legal Conclusions
  The court affirmed the district court's award of costs and attorneys' fees under the Equal Access to Justice Act, finding the government's position was not substantially justified.
• R.M.C. v. D.C.
  77 So. 3d 234· Fla. 1st DCA· 2012-01-06 ·cited 27×
  The court held that a lawyer's request for general disqualification will not be granted, and the petition for writ of prohibition was denied.
• ST. John v. Coisman
  799 So. 2d 1110· Fla. 5th DCA· 2001-11-16 ·cited 27×
  A former police officer (St. John) challenged a punitive damages award of $333,000 following a jury verdict finding him liable for falsely arresting a father (Coisman) who was attempting to exercise visitation rights with his children. The appellate court affirmed the liability a
• Darling v. State
  81 So. 3d 574· Fla. 3d DCA· 2012-02-29 ·cited 26×·via De Novo Review Of Legal Conclusions
  Damon Darling appeals his jury conviction for manslaughter and aggravated assault arising from a shootout in which a bystander was killed. The Third District Court of Appeal affirms the conviction, rejecting challenges to the trial court's denial of a 'stand your ground' immunity
• State v. Baldwin
  686 So. 2d 682· Fla. 1st DCA· 1996-12-20 ·cited 26×
  The State appeals the trial court's suppression of drug evidence seized from Baldwin's person and vehicle during an encounter with police in a high-crime area. The court holds that the trial court's findings of fact and law were internally inconsistent and must be clarified on re
• United States v. Ernie C. Doyan, Jr.
  909 F.2d 412· 10th Cir.· 1990-07-24 ·cited 26×·via De Novo Review Of Legal Conclusions
  The court held that imposing a fine sufficient to cover the costs of incarceration and supervision, even if burdensome to the defendant, does not constitute an abuse of discretion or violate equal protection principles under the Sentencing Guidelines.
• Educ. Assistance Corp. v. Zellner
  827 F.2d 1222· 8th Cir.· 1987-09-03 ·cited 26×·via De Novo Review Of Legal Conclusions
  A student loan nondischargeable in Chapter 7 is not automatically nondischargeable in Chapter 13, and the "best interests of creditors" test requires comparing actual Chapter 7 recovery to Chapter 13 plan payments.
• Young v. Commissioner OF Internal Revenue
  926 F.2d 1083· 11th Cir.· 1991-03-19 ·cited 25×·via De Novo Review Of Legal Conclusions
  The court held that the investors were not "at risk" for the full amount of their claimed losses because the complex sale/leaseback transactions, despite labels, were structured to limit their economic exposure, and thus the tax court properly limited their deductions.
• Brown v. State
  260 So. 3d 147· Fla.· 2018-12-20 ·cited 24×
  The Florida Supreme Court held that Florida Statute § 775.082(10), which allows courts to impose state prison sentences above a mandatory nonstate prison sanction based on judicial findings of dangerousness to the public, violates the Sixth Amendment because it requires judicial
• Ari Shahar and Daphna Shahar v. Green Tree Servicing LLC
  125 So. 3d 251· Fla. 4th DCA· 2013-03-06 ·cited 24×
  The Shahar homeowners appealed a summary judgment foreclosure entered by Green Tree Servicing, asserting an affirmative defense of unclean hands based on allegations that the lender fraudulently altered their loan application without their knowledge. The appellate court reversed
• Alton J. Smart v. State Farm Ins. Co.
  868 F.2d 929· 7th Cir.· 1989-02-15 ·cited 24×
  The court held that ERISA governs employee benefit plans established by Indian Tribes, and the insurer's denial of benefits based on a pre-existing condition was not arbitrary and capricious.
• In re Caldwell v. Caldwell
  851 F.2d 852· 6th Cir.· 1988-07-14 ·cited 24×·via De Novo Review Of Legal Conclusions
  The court held that the district court's decision vacating the bankruptcy court's confirmation of a Chapter 13 plan was unreviewable because it failed to make explicit findings of fact or conclusions of law, and thus remanded for the district court to perform its appellate duty.
• United States v. Mesa
  247 F.3d 1165· 11th Cir.· 2001-04-11 ·cited 23×·via De Novo Review Of Legal Conclusions
  Pedro Pablo Mesa appealed his drug trafficking sentence following a remand for more detailed factual findings on whether he qualified for an organizer/leader enhancement under U.S.S.G. § 3B1.1(a). The Eleventh Circuit affirmed the district court's finding that Mesa was an organiz
• Harris v. State
  761 So. 2d 1186· Fla. 4th DCA· 2000-06-28 ·cited 23×
  David Harris was stopped by police who observed him picking up a pill bottle from a street corner in an area suspected of narcotics activity. The trial court denied his motion to suppress evidence found in his vehicle, but the Fourth District Court of Appeal reversed, holding tha
• Tamra Suzanne Leasure v. State
  105 So. 3d 5· Fla. 2d DCA· 2012-10-24 ·cited 22×
  Tamra Leasure was convicted of second-degree murder for shooting Arthur Tilley three times in her kitchen. She appealed claiming entitlement to immunity under Florida's Stand Your Ground law and alternatively that the State failed to rebut her self-defense claim. The appellate co
• Daly-Murphy v. Winston
  837 F.2d 348· 9th Cir.· 1987-07-01 ·cited 22×
  The court affirmed the district court's grant of summary judgment, finding no genuine issues of material fact and correct application of substantive law regarding the APA, Privacy Act, Bivens, and state libel claims.
• Fla. Ins. Guar. Ass'n, Inc. v. Waters
  157 So. 3d 437· Fla. 2d DCA· 2015-02-06 ·cited 20×
  FIGA appealed an order compelling appraisal for a sinkhole claim, arguing that under Florida law, FIGA cannot be required to participate in appraisal for sinkhole losses and that the insured waived any appraisal right by actively litigating for over two years. The court reversed,
• Alba Fito v. Attorneys' Title Ins. Fund, Inc.
  83 So. 3d 755· Fla. 3d DCA· 2011-08-10 ·cited 20×·via De Novo Review Of Legal Conclusions
  Attorneys' Title Insurance Fund sued appellants for unjust enrichment after they received approximately $2.35 million in fraudulently obtained funds from real estate transactions involving inflated purchase prices. The court reversed the judgment, holding that Attorneys' Title fa