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

• Sonoga v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-06 ·via De Novo Review Of Legal Conclusions
  The court granted the Commissioner's unopposed motion to reverse and remand the decision.
• Larrazabal v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-04 ·via De Novo Review Of Legal Conclusions
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, affirming the Commissioner's decision to deny benefits.
• White v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-04 ·via De Novo Review Of Legal Conclusions
  The Court accepts and adopts the Magistrate Judge's Report and Recommendation, granting the Plaintiff's Petition for Attorney Fees.
• Mikov v. Vill. Of Palm Springs
  S.D. Fla.· 2024-05-15 ·via De Novo Review Of Legal Conclusions
  The District Court adopted a Magistrate Judge's Report and Recommendation, denying the Village of Palm Springs' Motion to Dismiss without prejudice and staying the case pending resolution of a related appeal in the Eleventh Circuit. The court found no clear error in the magistrat
• McDuffie v. Conmed Corp.
  M.D. Fla.· 2024-05-13 ·via De Novo Review Of Legal Conclusions
  The Court denied Plaintiff's motion to proceed in forma pauperis because the filing fee has now been paid.
• J. F. v. Dep't of Child. & Families & Statewide Guardian Ad Litem
  Fla. 6th DCA· 2024-05-08 ·via De Novo Review Of Legal Conclusions
  A trial court's finding of "risk of abuse" is not legally sufficient to support an adjudication of dependency; the court must instead find that the parent either abused or neglected the child or engaged in conduct placing the child at substantial risk of imminent abuse. The evide
• McKiver v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-05-07 ·via De Novo Review Of Legal Conclusions
  The court held that the Administrative Law Judge (ALJ) failed to adequately articulate consideration of the "consistency" factor when evaluating a medical opinion, requiring reversal and remand.
• Adley Dasilva, P.A. v. State of Fla. Dep't of Health
  Fla. 4th DCA· 2024-04-17 ·via De Novo Review Of Legal Conclusions
  A physician assistant who performs complex plastic surgery procedures without the requisite education, training, and experience violates Florida law prohibiting performance of professional responsibilities the licensee knows or should know he is not competent to perform, even whe
• Commodity Futures Trading Comm'n v. Oasis Int'l Grp.
  M.D. Fla.· 2024-04-08 ·via De Novo Review Of Legal Conclusions
  The court adopted the Magistrate Judge's report and recommendation, granting the Receiver's motion for a second interim distribution.
• Daigneault v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-04-05 ·via De Novo Review Of Legal Conclusions
  The Court adopts the Magistrate Judge's Report and Recommendation and grants the Plaintiff's unopposed motion for attorney fees.
• Perryman v. Kiem
  S.D. Fla.· 2024-03-29 ·via De Novo Review Of Legal Conclusions
  The court affirmed the bankruptcy court's order imposing monetary and non-monetary sanctions against the appellant for unreasonably and vexatiously multiplying proceedings.
• Bruce v. Remick
  M.D. Fla.· 2024-03-15 ·via De Novo Review Of Legal Conclusions
  The district court affirmed the bankruptcy court's orders, finding no abuse of discretion in dismissing the Chapter 13 case or denying reconsideration.
• Reynolds v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-03-12 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding the ALJ's denial of SSI benefits was based on substantial evidence and proper legal standards.
• White v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-03-11 ·via De Novo Review Of Legal Conclusions
  The court held that the Commissioner's decision denying supplemental security income benefits was supported by substantial evidence and applied the correct legal standard.
• Bihary v. Acting Comm'r of Soc. Sec.
  S.D. Fla.· 2024-03-11 ·via De Novo Review Of Legal Conclusions
  The court accepted the Magistrate Judge's Report and Recommendation, denying Plaintiff's motion for summary judgment and granting Defendant's motion for summary judgment.
• Faiz v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-03-11 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, holding that the ALJ's findings were supported by substantial evidence and that the ALJ properly considered the claimant's impairments and limitations in determining her residual functional capacity.
• Davis v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-26 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding the ALJ's RFC determination supported by substantial evidence and properly considering medical opinions.
• Barreras Jr v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-26 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, holding that the ALJ's Residual Functional Capacity (RFC) assessment was supported by substantial evidence and that the ALJ did not err in failing to further develop the record.
• Avery Desean James v. State
  Fla. 5th DCA· 2024-02-23
  When a defendant has been acquitted of one related offense under Florida Rule of Criminal Procedure 3.151(c), all remaining related offenses arising from the same criminal episode must be dismissed, regardless of whether they are charged in a lesser form or as supporting charges.
• Wainberg v. Mellichamp
  11th Cir.· 2024-02-21
  The court held that under precedent, the statute of limitations for a § 1985 conspiracy claim runs separately from each overt act, meaning claims arising from acts within the limitations period are timely.
• Collins v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-16 ·via De Novo Review Of Legal Conclusions
  The court held that the Commissioner's decision denying supplemental security income benefits was supported by substantial evidence and applied the correct legal standard.
• Wellsprings Residence, LLC v. State of Fla. Agency for Healthcare Admin.
  Fla. 6th DCA· 2024-02-16 ·via De Novo Review Of Legal Conclusions
  The appellate court reviewed an administrative agency's final order against an assisted living facility. The court found the agency improperly rejected or modified factual findings made by an Administrative Law Judge (ALJ) without sufficient legal basis. The court affirmed in par
• Noseworthy v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards.
• Santana v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
• Roca v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15 ·via De Novo Review Of Legal Conclusions
  The court held that the Appeals Council erred in denying review of additional evidence, finding it material and potentially outcome-changing.
• Olivieri v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's reasons for discounting Dr. Alomar's opinion were not supported by substantial evidence, warranting remand.
• McGarry v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's RFC determination was not supported by substantial evidence because it relied on a lay analysis of medical records without citing a supporting medical opinion, thus warranting remand.
• Williams v. The GEO Grp., Inc.
  S.D. Fla.· 2024-01-31 ·via De Novo Review Of Legal Conclusions
  The Court accepts the Magistrate Judge's Report and Recommendation, granting the Defendant's Motion to Dismiss and dismissing the Plaintiff's Complaint without prejudice, with leave to amend.
• Bruce v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-01-30 ·via De Novo Review Of Legal Conclusions
  The court affirmed the ALJ's decision, finding that the plaintiff failed to identify reversible error in the Magistrate Judge's Report and Recommendation.
• Palanchian v. Windstone Prop. Owners Ass'n, Inc.
  Fla. 4th DCA· 2024-01-24 ·via De Novo Review Of Legal Conclusions
  The association was not bound by the 1996 settlement agreement because it was not a party to the litigation and did not sign the agreement, and the landowners lacked standing to enforce it as non-parties who failed to show the agreement clearly expressed an intent to benefit futu
• State v. Freeman
  Fla. 6th DCA· 2024-01-05 ·via De Novo Review Of Legal Conclusions
  A search warrant affidavit established probable cause when evaluated under the totality-of-the-circumstances standard, and the trial court erred by failing to defer to the issuing magistrate's determination and by analyzing the affidavit's components in isolation rather than as a
• State v. Freeman
  Fla. 6th DCA· 2024-01-05 ·via De Novo Review Of Legal Conclusions
  The State of Florida appealed a trial court's order granting Alvin Viani Freeman III's motion to suppress evidence seized from his home pursuant to a search warrant. The appellate court reversed the trial court's decision, finding that the detective's affidavit contained sufficie
• Farmer v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-29 ·via De Novo Review Of Legal Conclusions
  The Commissioner's decision denying Supplemental Security Income is reversed and remanded because the Administrative Law Judge failed to properly weigh the medical opinions of Dr. Acharjee, specifically the 2020 Medical Source Cardiac Questionnaire, by not considering its support
• Coats v. Cohen
  M.D. Fla.· 2023-12-28 ·via De Novo Review Of Legal Conclusions
  The Court affirmed the bankruptcy court's decisions, finding no legal errors or clearly erroneous factual findings.
• Gorman v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-21 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ failed to clearly articulate specific and adequate reasons to discount the plaintiff's subjective complaints of pain, warranting a remand.
• McQuay v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-21 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards.
• Jordan v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-21 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ failed to properly consider the claimant's subjective complaints of fibromyalgia, relying too heavily on objective evidence and not adequately articulating reasons for discrediting the claimant's statements.
• DeFrank v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-15 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ failed to properly consider the supportability of medical opinions as required by regulation, warranting reversal and remand.
• Adams v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-15 ·via De Novo Review Of Legal Conclusions
  The court held that the Appeals Council did not err in denying review because the new evidence submitted by the plaintiff was not material and did not show a reasonable probability of changing the outcome of the decision.
• Forlizzo v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-13 ·via De Novo Review Of Legal Conclusions
  The Appeals Council erred in finding that additional medical evidence, submitted after a car accident, did not show a reasonable probability of changing the outcome of the disability decision.
• Butler-Ferguson v. Acting Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-13 ·via De Novo Review Of Legal Conclusions
  The court held that the Administrative Law Judge (ALJ) failed to properly analyze the plaintiff's fibromyalgia condition under Social Security Ruling 12-2p, warranting reversal and remand.
• Rivas v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-05 ·via De Novo Review Of Legal Conclusions
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, reversing the Commissioner's decision.
• Reckard v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-04 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ failed to adequately articulate the reasoning for discounting a treating psychologist's opinion, thus reversing and remanding the decision.
• Fresenius Vascular Care, Inc. v. Vasudeva
  M.D. Fla.· 2023-11-28 ·via De Novo Review Of Legal Conclusions
  The court adopted the Magistrate Judge's Report and Recommendation, granting the unopposed motion for final judgment in garnishment.
• Murphy v. Suarez
  Fla. 4th DCA· 2023-11-01 ·via De Novo Review Of Legal Conclusions
  The appellate court reversed a trial court's amended modification judgment regarding alimony. The court found the trial court abused its discretion by not making the alimony termination retroactive to the date the modification petition was filed and by improperly offsetting the a
• Costco Wholesale Corp. v. Janetth Vargas
  Fla. 3d DCA· 2023-10-25
  A trial court does not abuse its discretion in awarding attorney's fees and costs under Florida Rule of Civil Procedure 1.380(b)(2) when a party fails to comply with an order compelling discovery responses, or when an attorney coaches a corporate representative and conceals docum
• Potts v. Lewis
  Fla. 2d DCA· 2023-10-25 ·via De Novo Review Of Legal Conclusions
  The appellate court reversed an injunction for protection against stalking, finding that the petitioner's actions, while relentless and potentially offensive, did not meet the statutory definition of "harassment" because they would not cause substantial emotional distress to a re
• L&k Creation, LLC v. White Feather Managment, LLC
  Fla. 3d DCA· 2023-10-25 ·via De Novo Review Of Legal Conclusions
  A trial court has wide discretion to grant or deny a temporary injunction, and an appellate court will not interfere unless the party challenging the decision clearly shows an abuse of that discretion.
• Jerue v. Drummond Co., Inc.
  M.D. Fla.· 2023-10-10 ·via De Novo Review Of Legal Conclusions
  The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion for class certification and granting the defendant's motion to exclude the plaintiff's expert.
• Wickersham v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-09-14 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ erred by failing to identify and resolve an apparent conflict between the vocational expert's testimony and the Dictionary of Occupational Titles regarding the ticket seller job, and that the error was not harmless.