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

• Thomas v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-07 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
• Garcia Sanchez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-04 ·via De Novo Review Of Legal Conclusions
  The court held that while the ALJ erred in failing to address an apparent conflict between a job's reasoning level and the claimant's RFC limitation to simple tasks, this error was harmless because other identified jobs did not present such a conflict and were supported by substa
• Cruz v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-04 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ erred by failing to develop the record by not obtaining prior claims files, necessitating a remand. However, new evidence submitted under sentence six was not sufficient for remand under that provision.
• Mancuso v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-01 ·via De Novo Review Of Legal Conclusions
  The Court adopts the Magistrate Judge's recommendation to reverse and remand the Commissioner's decision.
• Bradford v. Ancient City Grp. LLC
  M.D. Fla.· 2022-02-22 ·via De Novo Review Of Legal Conclusions
  The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement and dismissing the case with prejudice.
• McCray v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-17 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ erred by failing to fully consider the medical records and whether the plaintiff's hip condition persisted for a 12-month period, potentially supporting a closed period of disability.
• State v. Kunkemoeller
  Fla. 1st DCA· 2022-02-09 ·via De Novo Review Of Legal Conclusions
  A downward departure sentence must be supported by either a valid statutory ground or a non-statutory ground that is supported by competent, substantial evidence and does not circumvent statutory requirements. The trial court's reliance on restitution need, minor participant stat
• Cisneros v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-07 ·via De Novo Review Of Legal Conclusions
  The Court held that the Magistrate Judge correctly determined the Administrative Law Judge's error was not harmless, as the ALJ failed to make specific findings regarding the number of jobs available to the plaintiff.
• Torres v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ erred in assigning little weight to Dr. Zincone's opinion and in departing from the VA's disability determination without sufficient justification.
• Vollmer v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding the ALJ properly considered the claimant's subjective complaints and medical evidence.
• Davis v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
• Lewis v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14 ·via De Novo Review Of Legal Conclusions
  The court held that the Administrative Law Judge's (ALJ) determination that certain medical opinions were only "somewhat persuasive" was not supported by substantial evidence, requiring reversal and remand.
• Zaragoza v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding the ALJ properly evaluated the medical evidence and opinions, and that any errors were harmless.
• Barth v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ failed to adequately articulate specific and adequate reasons for discrediting the claimant's subjective complaints of pain, particularly regarding the consideration of her pain medication and its side effects.
• Johnston v. N. Fla. Reforestation Servs., Inc.
  M.D. Fla.· 2022-01-03 ·via De Novo Review Of Legal Conclusions
  The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement and dismissing the case with prejudice.
• Poblano v. Russell Cellular, Inc.
  M.D. Fla.· 2022-01-03 ·via De Novo Review Of Legal Conclusions
  The court adopted the Magistrate Judge's Report and Recommendation, approving the parties' proposed settlement agreement and notice.
• Ballard v. Pritchard
  Fla. 2d DCA· 2021-12-22
  The appellate court reversed a lower court's order that determined homestead property passed according to a will. The court held that the decedent's devise of her homestead property was invalid because she was survived by a spouse and minor children, and thus the property passed
• Stillings v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-12-21 ·via De Novo Review Of Legal Conclusions
  The court granted the Commissioner's motion to dismiss the petition for a writ of mandamus and declaratory judgment.
• United States Sec. & Exch. Comm'n v. Wellcare Health Plans, Inc.
  M.D. Fla.· 2021-12-21 ·via De Novo Review Of Legal Conclusions
  The court adopted the magistrate judge's report and recommendation, granting the SEC's motion and approving the distribution plan.
• Walker-Trew v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-12-13 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ failed to properly consider and weigh the medical opinions of Dr. Cotton, and the Appeals Council improperly rejected additional evidence.
• Fackelman v. Saul
  M.D. Fla.· 2021-12-13 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ properly considered the claimant's obesity and the medical opinions of record, and substantial evidence supports the Commissioner's decision denying disability benefits.
• Sesler v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-12-13 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and applied the correct legal standard.
• Sanchez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-12-10 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
• Makere v. Allstate Ins. Co.
  M.D. Fla.· 2021-11-22 ·via De Novo Review Of Legal Conclusions
  The court adopted the Magistrate Judge's recommendation to deny the application to proceed without prepayment of fees as moot and dismiss the case without prejudice.
• State v. Downs
  Fla. 2d DCA· 2021-11-12 ·via De Novo Review Of Legal Conclusions
  The appellate court reversed and remanded a postconviction relief order because the lower court failed to make specific factual findings and legal conclusions. This failure prevented the appellate court from conducting a proper review of the lower court's decision to vacate the d
• Carter v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-10 ·via De Novo Review Of Legal Conclusions
  The court held that the Administrative Law Judge (ALJ) properly considered the claimant's pain and that the Commissioner's decision denying disability benefits was supported by substantial evidence and applied the correct legal standard.
• Paulk v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-10 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ properly evaluated the medical evidence of pain and that the Commissioner's decision denying disability benefits is supported by substantial evidence.
• Bolton v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-10 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's finding that Dr. Schindler's opinion was unpersuasive was supported by substantial evidence, and the Commissioner's decision to deny benefits is affirmed.
• Welch v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-05 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the claimant was not disabled was supported by substantial evidence and based on proper legal standards.
• Polite v. Vplace P'rs, LLC
  M.D. Fla.· 2021-11-01 ·via De Novo Review Of Legal Conclusions
  The court adopted the Magistrate Judge's report and recommendation, approving the parties' settlement agreement and dismissing the case with prejudice.
• Reynolds v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-28 ·via De Novo Review Of Legal Conclusions
  The court held that the Appeals Council's denial of review was not supported by substantial evidence regarding new mental health evidence, warranting remand.
• Carlton v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-28 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding that the additional medical evidence submitted by the plaintiff was not chronologically relevant to the period at issue and therefore did not need to be considered by the Appeals Council.
• Asgaard Fund, L.P. v. MM80 Oceanside Holdings, LLC
  Fla. 3d DCA· 2021-10-27 ·via De Novo Review Of Legal Conclusions
  An unissued or undelivered promissory note is binding on the maker under Florida Statute § 673.1051(2), and nondelivery is a defense that must be affirmatively pleaded; because the defendant failed to raise nondelivery as an affirmative defense, the notes were enforceable.
• Coke v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-27 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ properly considered the medical evidence and vocational expert testimony, and that the Commissioner's denial of disability benefits was supported by substantial evidence.
• McCloud v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-27 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's boilerplate language regarding the claimant's subjective complaints was insufficient to allow for meaningful review, requiring reversal and remand.
• Khan v. Panjwani
  S.D. Fla.· 2021-10-19 ·via De Novo Review Of Legal Conclusions
  The district court affirmed the bankruptcy court's orders granting relief from the automatic stay and abstaining from hearing the adversary proceeding, finding no abuse of discretion.
• Chong v. Comm'r Soc. Sec.
  M.D. Fla.· 2021-10-19 ·via De Novo Review Of Legal Conclusions
  The Court adopts the Magistrate Judge's recommendation to grant the unopposed request for attorney's fees.
• The United States v. Fed. Ins. Co.
  M.D. Fla.· 2021-10-04 ·via De Novo Review Of Legal Conclusions
  The court adopted the Magistrate Judge's recommendation to compel arbitration and stay the case pending arbitration proceedings.
• Jimenez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-01 ·via De Novo Review Of Legal Conclusions
  The court held that the Administrative Law Judge's decision to assign limited weight to the opinions of Dr. Cooper and Dr. Barber was supported by substantial evidence and proper legal standards. The court affirmed the Commissioner's denial of disability benefits.
• Jaramillo v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-01 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's reasons for discounting the plaintiff's subjective complaints regarding urinary problems and fatigue were not supported by substantial evidence.
• Walls v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-30 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ did not err by failing to order a consultative mental examination because the record, as developed, contained substantial evidence supporting the denial of disability benefits.
• Royal Palm Vill. Residents, Inc. v. Slider
  M.D. Fla.· 2021-09-29 ·via De Novo Review Of Legal Conclusions
  The court held that attorney's fees are awardable under the Florida Mobile Home Act (FMHA) only for claims seeking to enforce its provisions, and not for claims labeled as RICO or FDUTPA even if they incorporate FMHA violations. Fees were denied under the Florida RICO statute due
• Morris v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-28 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's determination that the claimant's subjective complaints were not entirely consistent with the medical evidence was not supported by substantial evidence.
• Hiveley v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-24 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's decision to rely on the vocational expert's testimony was supported by substantial evidence, as the hypothetical question adequately encompassed the claimant's limitations.
• Milbry v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-22 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's reasons for finding Dr. Rodriguez-Castro's opinion unpersuasive were not supported by substantial evidence, and the ALJ failed to evaluate PA Koehne's medical opinion.
• Johnson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-22 ·via De Novo Review Of Legal Conclusions
  The court held that the Administrative Law Judge (ALJ) erred in finding the medical opinions of treating physicians unpersuasive, as substantial evidence in the record supported those opinions.
• Sepulveda v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-21 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding the ALJ applied the correct legal standards and that substantial evidence supported the denial of disability benefits.
• McCloud v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-21 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards, and that the Appeals Council did not err in denying review of new evidence or in its application of Social Security Ruling 11-1p.
• Hall v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-20 ·via De Novo Review Of Legal Conclusions
  The court affirmed the Commissioner's determination that the plaintiff was not disabled.
• Freeswick v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-17 ·via De Novo Review Of Legal Conclusions
  The court held that the ALJ's decision was not supported by substantial evidence regarding the claimant's height and its impact on Listing 3.02A, and the ALJ's handling of Dr. Pyle's opinion on upper extremity limitations also lacked substantial evidence.