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
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The court accepted the Magistrate Judge's recommendation and granted the plaintiff's unopposed motion for attorney's fees.
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The court adopts the magistrate judge's report and recommendation, denying the plaintiff's motion for default judgment without prejudice.
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The court adopted the Magistrate Judge's Report and Recommendation, granting the Plaintiff's motion for default judgment.
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The court accepts and adopts the Magistrate Judge's Report and Recommendation, granting the petition for EAJA fees in part and awarding attorney's fees.
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The court affirmed the magistrate judge's report and recommendation, denying the plaintiff's motion to complete and supplement the administrative record.
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The court adopted the Magistrate Judge's Report and Recommendation, granting the plaintiff's unopposed motion for attorney's fees, costs, and expenses.
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Law enforcement officers had reasonable suspicion to stop a defendant based on a BOLO describing a burglary suspect and an observed bicycle light violation, where the defendant matched the BOLO description and was riding away from the burglary scene. The combination of the detail
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A non-custodial interrogation occurred when a detective interviewed the defendant at her aunt's home without handcuffs, arrest, or aggressive tactics, even though police surveilled the house and impounded her vehicle. Miranda warnings were not required because a reasonable person
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The court adopted the Magistrate Judge's recommendation and granted the plaintiff's unopposed motion for attorney's fees and paralegal fees.
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The court adopted the magistrate judge's report and recommendation, reversing the Commissioner's decision and remanding for further proceedings.
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Deutsche Bank, as trustee, appealed a trial court judgment finding it lacked standing to foreclose a mortgage because the note contained an allegedly anomalous indorsement from IndyMac in blank. The appellate court reversed, holding that Deutsche Bank established standing through
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The court accepted the Magistrate Judge's report and recommendation, denying the plaintiff's motion for default judgment.
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The district court affirmed the bankruptcy court's order converting the case to Chapter 7 and denying reconsideration, finding no abuse of discretion.
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The court held that the ALJ's failure to allow the claimant a meaningful opportunity to testify violated her due process rights and prejudiced her claim, requiring a remand for a new hearing.
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The court adopted the magistrate judge's report and recommendation regarding attorney's fees and costs.
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The court approved the settlement agreement and dismissed the case with prejudice.
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The court held that while sanctions under 28 U.S.C. § 1927 were not warranted, defendants were entitled to attorney's fees and costs for defending against plaintiffs' civil theft and RICO claims.
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The appellate court reversed the denial of a postconviction relief motion, finding that trial counsel's performance was ineffective. Counsel's misunderstanding of the law regarding prior convictions led to the disclosure of a highly damaging prior armed sexual battery conviction,
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The court adopts the magistrate judge's report and approves the parties' settlement agreement, dismissing the case with prejudice.
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The court adopted the magistrate judge's report and recommendation regarding attorney's fees and costs.
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The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion for default judgment and dismissing the complaint without prejudice.
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The court accepted and adopted the Magistrate Judge's Report and Recommendation, reversing the Commissioner's decision and remanding the case.
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The court adopted the Magistrate Judge's recommendation to dismiss the unseaworthiness claim with prejudice and the negligence claim without prejudice, and to strike the jury demand.
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The court adopted the Magistrate Judge's recommendation to approve the settlement, award attorney's fees and costs, and dismiss the case with prejudice.
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The court adopted the Magistrate Judge's report and recommendation, granting default judgment against the defendants for breach of contract, fraud, and fraudulent transfer, and awarding damages.
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Fla. 4th DCA·
2020-05-20
The appellate court affirmed the dismissal of a negligence and strict liability complaint against Florida Power & Light (FPL). The court held that FPL owes no common law duty to the general public to provide continuous electricity, especially after a natural disaster like a hurri
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Fla. 3d DCA·
2020-04-29
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The court adopted the Magistrate Judge's report and recommendation, granting in part and denying in part the plaintiff's motion for default final judgment.
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The court adopted the magistrate judge's report and recommendation, granting the plaintiff's motion to default defendants for violating a court order.
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The court adopted the Magistrate Judge's recommendation to grant Plaintiffs' motion for default judgment, awarding statutory damages and a permanent injunction.
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The court held that a motion to dismiss a claim for attorney fees under the Equal Access to Justice Act need not be resolved at the outset of the case and should not be stricken under Rule 12(f).
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The appellate court reversed a juvenile's adjudication for marijuana possession, finding that the juvenile's close proximity to cocaine found on a stove did not establish probable cause for his arrest. The court held that mere proximity, without evidence of dominion and control,
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The court held that the ALJ's determination regarding the claimant's ability to communicate in English was not supported by substantial evidence, requiring remand.
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The court adopted the Magistrate Judge's report and recommendation, reversing the Commissioner's decision and remanding for further proceedings.
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The court adopted the magistrate judge's report and recommendation, granting the government's motions to strike and denying the claimants' motion to dismiss.
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A qualified income trust established by an individual's daughter at the individual's direction and upon his request, as stated in the trust document itself, is valid under 42 U.S.C. § 1396p(d)(2)(A)(iv), and the case must be remanded to determine whether the individual had the re
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The court affirmed the bankruptcy court's order denying disqualification, but vacated the finding that Rule 2014 was not violated, remanding for further proceedings.
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The appellate court reversed a trial court's denial of a "Stand Your Ground" immunity motion. The court held that the "initial provocation" exception to immunity does not apply when the defendant uses force to defend a third party, and that the State failed to prove by clear and
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The court adopted the Magistrate Judge's recommendation to vacate the Commissioner's decision and remand the case for further proceedings.
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The court accepted and adopted the Magistrate Judge's Report and Recommendation, overruling plaintiffs' objections regarding the notice form for opt-in plaintiffs.
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The court adopted the Magistrate Judge's Report and Recommendation with modifications, granting in part and denying in part the defendants' motion to dismiss.
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The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion for partial summary judgment and granting the defendant's motion for summary judgment.
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The Court accepts and adopts the Magistrate Judge's Report and Recommendation in full, denying the parties' joint notice to approve a proposed notice to the class.
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The court held that the bankruptcy court properly dismissed the appellants' case and denied their motion for reconsideration, affirming the bankruptcy court's decision.
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The court adopted the Magistrate Judge's report and recommendation, denying the motion for default final judgment because the plaintiffs failed to establish proper service of process.
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The court adopted the magistrate judge's report and recommendation, reversing the Commissioner's decision and remanding the case for further administrative proceedings.
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The court adopted the magistrate judge's recommendation to deny the plaintiff's affidavit of indigency and dismiss the complaint without leave to amend.
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The court adopted the Magistrate Judge's recommendation to reverse the Commissioner's decision and remand the case for further proceedings.
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Trial counsel did not render deficient performance by advising Jones regarding the plea offer, as both defense attorneys testified they recommended he accept the five-year plea deal, and Jones chose to reject their advice based on family influence.