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
-
The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement and dismissing the case.
-
The court approved the FLSA settlement agreement as a fair and reasonable resolution of a bona fide dispute.
-
The court adopted the Magistrate Judge's recommendation to grant in part and deny in part the plaintiff's motion for default judgment, entering a permanent injunction and monetary judgment against Allied Markets, LLC.
-
The court affirmed the Commissioner's decision, holding that the uniformed service exception to the Windfall Elimination Provision (WEP) did not apply to the plaintiff's dual-status military technician position.
-
The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement agreement and dismissing the case with prejudice.
-
The court adopted the Magistrate Judge's recommendation to affirm the Commissioner's decision, overruling the plaintiff's objections.
-
The court accepts and adopts the Magistrate Judge's Report and Recommendation regarding attorney's fees.
-
An employer/carrier is not estopped from asserting a statute of limitations defense where the claimant fails to prove reliance on the carrier's informal email response, and arguments regarding the presuit resolution process that are not raised before the Judge of Compensation Cla
-
The court adopted the magistrate judge's recommendation to deny the parties' joint motion to approve settlement.
-
The court held that the plaintiff was not eligible for attorney's fees and costs because it did not substantially prevail in its Freedom of Information Act suit.
-
Fla. 1st DCA·
2019-08-14
The appeal is dismissed.
-
275 So. 3d 204·
Fla. 5th DCA·
2019-06-20
The appellate court reviewed the denial of a motion to disqualify a trial judge. The court found that the judge's comments and actions demonstrated bias, creating a well-grounded fear of an unfair hearing, and therefore granted the motion to disqualify.
-
A subsequent purchaser of mortgaged property who owns the property at the time a foreclosure action is filed and is named as a defendant in that action has a due process right to require the foreclosure plaintiff to prove all elements of its cause of action, including the amount
-
270 So. 3d 553·
Fla. 4th DCA·
2019-05-08
Lina Dunkley appealed the trial court's summary denial of her Florida Rule of Criminal Procedure 3.850 postconviction relief motion. The trial court denied the motion without waiting for the State's response and without attaching record portions that conclusively refuted her clai
-
A traffic stop for failure to maintain a single lane is justified when the vehicle is operated in an unusual manner that endangers other vehicles, even if the driver's conduct does not constitute erratic or impaired driving.
-
In this administrative appeal, the Fourth District Court of Appeal reversed the agency's determination that motor vehicle dealers were entitled to section 320.641 fairness hearings on a manufacturer's new incentive program, while affirming the agency's findings on the fairness of
-
Motor vehicle dealers challenged Maserati's implementation of a new incentive program (2017 program) that replaced previous program payments, arguing it constituted a franchise modification requiring 90-day notice and a fairness hearing under Florida Statute 320.641. The court re
-
This case involves motor vehicle dealers challenging a manufacturer's new incentive program and a proposed franchise agreement. The appellate court reversed the agency's decision that the dealers were entitled to fairness hearings on the incentive program, finding it did not modi
-
260 So. 3d 1115·
Fla. 1st DCA·
2018-11-30
A Judge of Compensation Claims retains jurisdiction to adjudicate claims for temporary partial disability benefits allegedly becoming due at different time periods from those addressed in a prior order, even if both claims require consideration of the same underlying MMI issue. T
-
257 So. 3d 649·
Fla. 1st DCA·
2018-11-30
An "enhanced" sentence within the meaning of Hale v. State is one in which the period of incarceration exceeds the normal statutory maximum. Consecutive HFO sentences imposed at the statutory maximum for offenses committed in a single criminal episode are permissible because they
-
Fla. 2d DCA·
2018-11-16
Engel & Volkers, a real estate broker, obtained summary judgment against both SGM Building Group, Inc. and FL-7, Inc. for unpaid brokerage commissions after SGM assigned its purchase rights to FL-7 and FL-7 closed without paying commissions. The appellate court reversed, holding
-
Fla. 1st DCA·
2018-10-31
Normandy Insurance Company appealed a summary final order requiring it to cover a workers' compensation claim for an employee injury that occurred before the policy was issued but was not disclosed to the insurer at the time of application. The court reversed, holding that Florid
-
257 So. 3d 563·
Fla. 3d DCA·
2018-10-10
A trial court errs when it sua sponte denies a motion to compel arbitration that was not noticed for hearing, particularly where the opposing party filed no written objection and made no argument at the hearing.
-
-
Loss of companionship and protection for a spouse and loss of parental companionship and guidance for a child are non-economic damages subject to the statutory limitation of $250,000 per claimant under section 766.207, and therefore cannot be awarded as separate economic damages
-
A special deputy appointed to a gang task force lacks authority to conduct routine traffic stops outside the scope of undercover investigative work, and the state's failure to present evidence demonstrating the stop was task force-related mandates reversal of the conviction.
-
A licensed real estate broker acts solely in the capacity of a real estate licensee when managing rental properties and collecting rents and security deposits, even if the property management agreement includes reduced fees or exists within a multi-faceted business relationship w
-
235 So. 3d 989·
Fla. 2d DCA·
2017-12-20
Joel Alan Umhoefer was convicted of unauthorized access to a computer network after he hacked into a teenage girl's Facebook account without permission and accessed private messages. The Florida District Court of Appeal affirmed his conviction, holding that the State presented su
-
238 So. 3d 365·
Fla. 3d DCA·
2017-12-13
The Bank of New York Mellon appealed an involuntary dismissal in a residential mortgage foreclosure case after the trial court found it failed to prove standing at the time the action was filed. The Florida Third District Court of Appeal reversed, holding that BNYM established a
-
In this dissolution of marriage case, the Florida appellate court reversed the trial court's determination that a 3.5-acre parcel of real property was entirely a marital asset. The court held that when a spouse acquires an interest in property before marriage and later acquires a
-
MonarchCare, Inc., a professional guardian, appeals a trial court order reducing its hourly fee rate from $95 to $45 per hour for guardianship services. The Fourth District Court of Appeal reversed, finding that while the court did not abuse its discretion in finding justificatio
-
188 So. 3d 49·
Fla. 1st DCA·
2016-03-17
The court held that the subcontractor agreement's language was ambiguous regarding individual liability, creating a factual issue that precluded dismissal at the pleading stage.
-
The court adopted the magistrate judge's recommendation, denying the defendant's motion to dismiss or for summary judgment, finding the plaintiff's complaint timely filed.
-
183 So. 3d 1095·
Fla. 3d DCA·
2015-06-03
The court held that the estate failed to present sufficient evidence to overcome the employer's workers' compensation immunity under the intentional tort exception.
-
152 So. 3d 60·
Fla. 5th DCA·
2014-11-14
Helen Dueno, as next friend of her minor nephew, appealed a summary judgment for Modern USA Insurance Company in a declaratory judgment action. The court affirmed that a homeowner's insurance policy's sexual molestation exclusion unambiguously excluded coverage for negligent supe
-
136 So. 3d 761·
Fla. 5th DCA·
2014-04-17
The court held that summary judgment was improperly granted because disputed issues of material fact exist regarding whether the employer's stated non-discriminatory reasons for termination were pretextual.
-
112 So. 3d 504·
Fla. 3d DCA·
2013-02-20
The University of Miami appeals summary judgment in favor of its insurance company, Great American Assurance Company, in a declaratory action seeking indemnification for attorney's fees incurred in defending a negligence lawsuit. The court reverses, holding that a conflict of int
-
The court held that funds in a debtor's bank account on the date of filing a Chapter 7 petition are property of the bankruptcy estate, even if checks written pre-petition have not yet cleared.
-
The district court affirmed the bankruptcy court's decision, holding that the IRS failed to meet its burden of proof to establish the nondischargeability of the debtors' 2004 tax liability.
-
The district court affirmed the bankruptcy court's order granting relief from the automatic stay to allow the Tax Court to proceed and denying the debtor's motion to determine tax liability, finding no abuse of discretion.
-
The Florida Department of Highway Safety and Motor Vehicles challenged an administrative law judge's determination that Florida Administrative Code rule 15C-7.005, which regulated unauthorized motor vehicle dealerships, was invalid. The appellate court affirmed, holding that the
-
Ramos appealed the denial of his motion to suppress cocaine found during a vehicle search, claiming his consent to the search was not voluntary. The trial court found the consent voluntary based on the officer's testimony, and the appellate court affirmed because competent, subst
-
The Superior Court's judgment upholding the Industrial Accident Board's denial of workers' compensation benefits is reversed. The court held that the Board erred in its application of the law by not applying the correct legal standard to determine the claimant's employment status
-
The court held that the bankruptcy court's finding of no willfulness was clearly erroneous because the debtor paid other creditors despite knowing withholding taxes were due.
-
873 So. 2d 499·
Fla. 2d DCA·
2004-05-14
Homeowners who are named as additional insureds under a mortgage lender's security policy have no claim to insurance proceeds if the lender's insurable interest exhausts the policy coverage, leaving no residual amounts available. Summary judgment was proper because the Aldridges
-
819 So. 2d 255·
Fla. 2d DCA·
2002-06-28
The court held that the contractual venue clause requiring litigation in East Pasco County, Florida, was mandatory, not permissive, and therefore controlled over convenience grounds for transfer.
-
A trustee is not time-barred from challenging the value of property claimed as exempt if the stated exemption does not equal the property's full value.
-
A signed Treasury Form 4549, prepared by the IRS with taxpayer cooperation and consent, qualifies as a 'return' under both the Tax Code and the Bankruptcy Code for dischargeability purposes.
-
The court held that a reorganization plan cannot be confirmed if the debtor's initial bankruptcy petition was filed in bad faith, and that artificially impairing classes of creditors to secure confirmation votes violates the Bankruptcy Code.
-
The court held that the bankruptcy court's findings of fact were not clearly erroneous and that the claimants were entitled to customer status under SIPA.