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
-
Once a defendant establishes a prima facie claim of self-defense immunity under Florida's Stand Your Ground law, the State bears the burden to prove by clear and convincing evidence that the defendant is not entitled to immunity. The trial court erred by relying on inadmissible e
-
The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
-
The court held that the Administrative Law Judge (ALJ) erred by failing to articulate the specific functional limitations caused by the claimant's severe impairment of chronic diarrhea in the Residual Functional Capacity (RFC) assessment. The court also directed reconsideration o
-
The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
-
The court held that the ALJ failed to adequately consider and articulate the weight given to Dr. Nassar's opinion, particularly regarding nonexertional limitations and necessary accommodations, thus requiring reversal and remand.
-
The court denied the plaintiff's motion to approve the settlement agreement without prejudice and entered a default against Defendant Disaster Services LLC due to its failure to comply with court orders.
-
A nonparty purchaser at a foreclosure sale lacks standing to file a motion to vacate the underlying foreclosure judgment under Florida Rule of Civil Procedure 1.540(b), which limits such relief to parties or their legal representatives. The DeStefanos' alternative grounds to vaca
-
The District Court adopted a Magistrate Judge's Report and Recommendation granting plaintiffs' motion for final judgment in garnishment against Bais Yisroel Community Center of Tampa Bay. The court ordered the garnishee (Suncoast Credit Union) to pay plaintiffs up to $250,000 plu
-
The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
-
The court held that the ALJ failed to adequately articulate reasons for discrediting the claimant's subjective complaints regarding migraine headaches and their triggers, necessitating a remand.
-
The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
-
The court held that the ALJ failed to provide sufficient reasoning for the RFC assessment, requiring reversal and remand.
-
The court affirmed the Commissioner's decision, finding that the ALJ properly evaluated the medical evidence and the plaintiff's symptoms, and that the decision was supported by substantial evidence.
-
A temporary injunction order is legally insufficient and must be reversed and remanded when it fails to contain clear and sufficient factual findings supporting each of the four required elements and fails to require a bond, as mandated by Florida Rule of Civil Procedure 1.610(b)
-
The court held that the ALJ failed to adequately explain the reasoning for finding certain medical opinions unpersuasive, specifically regarding the supportability factor, thus requiring remand.
-
The court held that new medical evidence submitted to the Appeals Council was new, material, and chronologically relevant, warranting a remand for reconsideration.
-
The court held that the ALJ failed to comply with the Appeals Council's remand order by not adequately explaining the quantitative limitations in the residual functional capacity assessment.
-
The court held that a new psychiatrist's opinion was material and presented with good cause, warranting remand for its consideration.
-
The court held that the Administrative Law Judge (ALJ) failed to adequately consider the limitations imposed by the claimant's severe migraine headaches when determining her residual functional capacity (RFC).
-
The court held that the ALJ erred by failing to properly consider the medical opinion regarding the necessity of a cane and that this error was not harmless.
-
The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
-
The court affirmed the Commissioner's decision denying supplemental security income benefits, finding it supported by substantial evidence and proper legal standards.
-
The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
-
The court held that the plaintiff's motion to proceed in forma pauperis is denied and the complaint is dismissed.
-
Dismissal for fraud on the court is an extraordinary remedy requiring clear and convincing evidence of a deliberate scheme to subvert the judicial process. The trial court erred in dismissing Swenson's complaint because the evidence did not support the requisite intent to defraud
-
The court adopted the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion and reversing the Commissioner's decision.
-
The trial court properly denied the motion to compel appraisal because the parties had not engaged in a meaningful exchange establishing a disagreement regarding the value of the property or amount of loss. The motion for reconsideration was properly denied because it raised argu
-
The district court adopted a magistrate judge's recommendation to grant the defendant Pinellas County's motion for taxation of costs, awarding $5,307.15 in costs. The court corrected a clerical error identifying the movant and adopted the recommendation in part.
-
The court accepted and adopted the Magistrate Judge's Report and Recommendation, reversing the Commissioner's decision and remanding the matter for further proceedings.
-
The court adopted the Magistrate Judge's recommendation to sanction plaintiff's attorney for filing duplicative and vexatious motions, holding him jointly and severally liable for attorney's fees, and admonished him for failing to uphold professional standards.
-
The court recommended reversing the Commissioner's decision and remanding the case because the ALJ failed to properly evaluate the plaintiff's migraines under SSR 19-4p at step three of the sequential evaluation process.
-
Class certification was properly granted where students paid fees for on-campus services that the university did not provide during COVID-19 campus closures, and the class definition and representative were appropriate under Florida Rule of Civil Procedure 1.220. The fact that fe
-
An Administrative Law Judge commits a material procedural error when she admits evidence at a hearing, then sua sponte raises and rules on an evidentiary objection after the hearing closes without providing the parties notice or opportunity to be heard. Once evidence is admitted,
-
Frier appealed the Social Security Administration's decision finding her no longer disabled and denying supplemental security income. The district court affirmed the Commissioner's decision, finding the ALJ applied correct legal standards and the decision was supported by substan
-
Mohammed Alsaloussi and Alsaloussi Holdings, LLC appealed a trial court's order granting an emergency temporary injunction that prohibited them from liquidating, selling, or disposing of a 2018 Porsche 911 Turbo Classic pending final judgment. The appellate court affirmed the inj
-
Lavell Nixon appeals the denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel. Nixon argues his trial counsel should have moved to strike Juror No. 1 for cause based on the juror's statements during voir dire regarding the defendan
-
The court held that the ALJ failed to adequately articulate the specific limitations caused by the claimant's severe migraine impairment in the RFC assessment, warranting remand.
-
The court held that the ALJ failed to provide sufficient reasoning for her RFC assessment by not explaining deviations from persuasive medical opinions and by not clearly accounting for limitations in adapting or managing oneself.
-
The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
-
Robinson sought to reopen a Social Security case, but the district court adopted the magistrate judge's recommendation denying the motion to reopen. The court applied the standard review framework for magistrate judge recommendations under 28 U.S.C. § 636(b)(1).
-
The postconviction court properly denied Paylan's claims for ineffective assistance of counsel and Brady violations because the trial court's credibility findings were supported by competent substantial evidence and appellate courts cannot reweigh evidence or substitute their jud
-
The court held that the credit card agreement unambiguously permits charging interest on annual fees and that the plaintiff failed to state a claim for breach of the implied covenant of good faith and fair dealing under Virginia law.
-
The District Court for the Southern District of Florida accepted a Magistrate Judge's Report and Recommendation regarding a Motion for Sanctions filed by Defendant against Plaintiff D'Clute. The court granted the motion in part and denied it in part, imposing daily sanctions of $
-
The district court adopted a magistrate judge's recommendation and granted a receiver's motion for payment of services and reimbursement of costs in an FTC action against Start Connecting LLC, awarding $104,109.85.
-
A defendant who abandons property while fleeing law enforcement forfeits standing to challenge the subsequent search and seizure of that property under the Fourth Amendment.
-
A district court adopted a magistrate judge's recommendation to dismiss pro se plaintiff Dominic Alexander's complaint with prejudice for failure to meet Rule 8(a)(2) pleading requirements and denied his motion to proceed in forma pauperis due to incompleteness.
-
In this § 2255 motion to vacate sentence, the District Court accepted the Magistrate Judge's recommendation and denied the movant's Claim 3 after an evidentiary hearing, finding no clear error of fact or law in the magistrate's well-reasoned analysis.
-
The court adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's amended complaint without prejudice.
-
The court held that the Appeals Council erred in denying review of the ALJ's decision based on new evidence, as the teacher questionnaire was chronologically relevant and potentially material to the disability determination.
-
Fla. 4th DCA·
2024-11-06
An insurer breaches its duty of good faith when it refuses to settle a covered claim for policy limits based on the insured's desire to avoid exposure to uncovered punitive damages, particularly where liability is clear and an excess compensatory judgment is likely. An insurer mu