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

• United States v. Berrios-Berrios
  791 F.2d 246· 2d Cir.· 1986-05-23 ·cited 20×
  The court held that the district judge's determination of a pretrial detainee's risk of flight is subject to the clearly erroneous standard of review.
• Freeman v. Hittle
  747 F.2d 1299· 9th Cir.· 1984-11-23 ·cited 20×
  A 54(b) certification entered after a premature notice of appeal can validate the appeal if neither party is prejudiced. The court also found no due process violation in the denial of liquor permits and no violation of the right to free association regarding membership disclosure
• Hayet Naser Gomez v. Fuenmayor
  812 F.3d 1005· 11th Cir.· 2016-02-05 ·cited 19×·via De Novo Review Of Legal Conclusions
  The Eleventh Circuit affirmed the district court's denial of a mother's petition to return her daughter to Venezuela under the Hague Convention on the Civil Aspects of International Child Abduction, holding that serious threats and violence directed against a parent can constitut
• State v. Javares Jones
  180 So. 3d 1085· Fla. 4th DCA· 2015-12-02 ·cited 19×
  Florida appeals a county court order striking a $5,000 mandatory civil penalty for solicitation of prostitution as unconstitutionally excessive. The Fourth District Court of Appeal reverses, holding that the civil penalty is not grossly disproportional to the gravity of a second-
• Spann v. State
  985 So. 2d 1059· Fla.· 2008-07-03 ·cited 19×·via De Novo Review Of Legal Conclusions
  Anthony Spann was convicted of first-degree murder and sentenced to death in the 1997 killing of Kazue Perron during a carjacking. On appeal from the denial of a Rule 3.851 postconviction motion, the Florida Supreme Court affirmed the trial court's rejection of Spann's ineffectiv
• Stephens v. State
  975 So. 2d 405· Fla.· 2007-11-15 ·cited 19×·via De Novo Review Of Legal Conclusions
  Jason Demetrius Stephens appeals the denial of postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the denial of all relief, finding that trial counsel's perform
• Lawyers Title Ins. Co., Inc. v. Novastar Mortg., Inc.
  862 So. 2d 793· Fla. 4th DCA· 2003-11-26 ·cited 19×·via De Novo Review Of Legal Conclusions
  Lawyers Title Insurance Company appeals a judgment awarding coverage under a title insurance policy issued to NovaStar Mortgage for losses stemming from NovaStar's inability to enforce a mortgage lien. The court reverses, holding that the absence of a note does not render a mortg
• Holywell Corp. v. Bank of N.Y.
  59 B.R. 340· S.D. Fla.· 1986-03-20 ·cited 19×·via De Novo Review Of Legal Conclusions
  The court affirmed the bankruptcy court's orders approving substantive consolidation and confirming the plan of reorganization, finding no reversible error.
• Citibank, N.A. v. Martin and Jitka Olsak
  208 So. 3d 227· Fla. 3d DCA· 2016-11-30 ·cited 18×
  Citibank, as trustee, appealed a foreclosure judgment dismissing its complaint against borrowers. The trial court relied exclusively on expert testimony containing legal conclusions rather than factual evidence to determine that the Trust lacked standing to foreclose. The appella
• Deutsche Bank Nat'l Tr. Co. v. Quinion
  198 So. 3d 701· Fla. 2d DCA· 2016-01-15 ·cited 18×
  Deutsche Bank appealed a dismissal of a mortgage foreclosure action against the Cresons. The court reversed, holding that the Cresons' answer failed to satisfy Florida Rule of Civil Procedure 1.120(c)'s heightened pleading requirement for denying the occurrence of conditions prec
• Guzman v. State
  68 So. 3d 295· Fla. 4th DCA· 2011-07-27 ·cited 18×
  The court reversed a juvenile offender's life sentence imposed for violating probation on crimes committed at age fourteen, holding that the Eighth Amendment prohibits life sentences without parole for non-homicide offenses committed by juveniles, even when the violation of proba
• Barbra Sheikh v. Coregis Ins. Co.
  943 So. 2d 242· Fla. 3d DCA· 2006-11-08 ·cited 18×
  Sheikh appeals a summary judgment in favor of Coregis Insurance Company on a claim to enforce a default judgment against the insurer of a negligent attorney. The court reversed, finding genuine issues of material fact regarding whether Sheikh had knowledge of insurance coverage a
• State v. Rodriguez
  904 So. 2d 594· Fla. 5th DCA· 2005-06-17 ·cited 18×·via De Novo Review Of Legal Conclusions
  The State appeals a suppression order after a traffic stop of Frankie Rodriguez yielded cocaine. The trial court ruled Rodriguez had not violated any traffic laws and his driving did not justify a stop, but the appellate court reversed, holding that Rodriguez's erratic driving pa
• Symbol Mattress OF Fla., Inc. v. Royal Sleep Prods., Inc.
  832 So. 2d 233· Fla. 5th DCA· 2002-12-06 ·cited 18×
  Symbol Mattress appealed a trial court order dismissing its declaratory relief action for improper venue and transferring it to Miami-Dade County. The Fifth District reversed, holding that the underlying breach of contract claim accrued in Orange County where the alleged breach o
• Panama City Beach Cmty. Redev. Agency v. State
  831 So. 2d 662· Fla.· 2002-10-17 ·cited 18×·via De Novo Review Of Legal Conclusions
  The Florida Supreme Court reversed a trial court's denial of bond validation for a Panama City Beach Community Redevelopment Agency, holding that the city council's legislative finding that the redevelopment area was blighted was supported by substantial, competent evidence and e
• Bowman v. State
  748 So. 2d 1082· Fla. 4th DCA· 2000-01-05 ·cited 18×
  William Lewis Bowman challenges the denial of his postconviction motion for ineffective assistance of counsel in a capital sexual battery conviction. Although the trial court found his counsel performed ineffectively in several respects, it concluded he failed to demonstrate prej
• Gamber v. Bowen
  823 F.2d 242· 8th Cir.· 1987-07-10 ·cited 18×·via De Novo Review Of Legal Conclusions
  The court held that the government's position was not substantially justified, entitling the claimant to attorney fees under the Equal Access to Justice Act.
• In re Boomgarden
  780 F.2d 657· 7th Cir.· 1985-12-19 ·cited 18×·via De Novo Review Of Legal Conclusions
  The court held that the bankruptcy court's order lifting the automatic stay was a final order, and that the debtor was afforded due process and that the bankruptcy court did not abuse its discretion in lifting the stay.
• United States Blood Bank, Inc. v. Agency FOR Workforce Innovation c/o Dep't of Revenue
  85 So. 3d 1139· Fla. 3d DCA· 2012-03-21 ·cited 17×·via De Novo Review Of Legal Conclusions
  United States Blood Bank, Inc. appealed an unemployment compensation tax rate increase imposed by the Agency for Workforce Innovation after a merger where employees were transferred between predecessor and successor entities. The court affirmed the rate increase, finding that com
• State v. Quinn
  41 So. 3d 1011· Fla. 5th DCA· 2010-08-06 ·cited 17×·via De Novo Review Of Legal Conclusions
  The court held that law enforcement officers had reasonable suspicion to make an investigatory stop based on the totality of the circumstances, including an anonymous tip corroborated by the defendant's presence with a safe at 3:00 a.m. in a residential neighborhood.
• Tapia v. Tansy
  926 F.2d 1554· 10th Cir.· 1991-03-05 ·cited 17×·via De Novo Review Of Legal Conclusions
  The court held that the loss of preliminary hearing tapes, the sealing of an affidavit, the submission of a second-degree murder instruction on an accessory theory, the admission of allegedly perjured testimony, and ineffective assistance of counsel did not violate the defendant'
• Rafferty v. Denny's, Inc.
  13 F.4th 1166· 11th Cir.· 2021-09-15 ·cited 16×
  Lindsay Rafferty, a former server at Denny's, sued under the Fair Labor Standards Act claiming the company paid her a sub-minimum tipped wage while requiring her to perform substantial untipped duties related and unrelated to serving customers. The Eleventh Circuit reversed summa
• Storm v. The Town OF Ponce Inlet
  866 So. 2d 713· Fla. 5th DCA· 2004-01-02 ·cited 16×
  Storm appealed the dismissal of his complaint against the Town of Ponce Inlet for negligent retention and supervision of a chief building official who allegedly provided false information about required building elevations. The court held that while Storm stated a valid common la
• Breuer v. Hart
  909 F.2d 1035· 7th Cir.· 1990-08-09 ·cited 16×
  The court held that while the deputy sheriff's speech involved matters of public concern, his disruptive conduct and the sheriff's interest in maintaining departmental efficiency and discipline outweighed the deputy's free speech rights.
• Brown v. United States
  890 F.2d 1329· 5th Cir.· 1989-12-13 ·cited 16×
  The court held that the IRS properly determined the estates were terminated for federal income tax purposes because their administration was unduly prolonged, and Treasury Regulation § 1.641(b)-3(a) is a valid interpretation of 26 U.S.C. § 641(a)(3).
• United States v. Tartaglia
  864 F.2d 837· D.C. Cir.· 1989-01-06 ·cited 16×·via De Novo Review Of Legal Conclusions
  The court held that exigent circumstances justified the warrantless search of the defendant's train roomette and knapsack because the train's imminent departure and the likelihood of evidence removal created a reasonable necessity for immediate action.
• United States v. Long
  852 F.2d 975· 7th Cir.· 1988-07-20 ·cited 16×
  The court joins the majority opinion, acknowledging that de novo appellate review of confession voluntariness is required by precedent, despite reservations.
• Brouwers v. Bowen
  823 F.2d 273· 8th Cir.· 1987-07-20 ·cited 16×·via De Novo Review Of Legal Conclusions
  The court held that the district court did not abuse its discretion in denying attorney's fees under the EAJA because the Secretary's position was substantially justified.
• Casper v. Commissioner OF Internal Revenue
  805 F.2d 902· 10th Cir.· 1986-11-18 ·cited 16×·via De Novo Review Of Legal Conclusions
  The court affirmed the Tax Court's grant of summary judgment for the Commissioner and upheld the award of damages, also imposing an additional sanction for the frivolous appeal.
• Traughber v. Beauchane
  760 F.2d 673· 6th Cir.· 1985-04-22 ·cited 16×
  Federal courts should not abstain from hearing a § 1983 claim challenging state attachment procedures when state remedies are inadequate or uncertain.
• Calvin v. Commissioner OF Internal Revenue
  753 F.2d 35· 6th Cir.· 1985-01-15 ·cited 16×·via De Novo Review Of Legal Conclusions
  The court held that the Tax Court correctly determined that beneficial ownership of the complex passed to the partnership on October 28, 1975, and that the Walters' late filing was due to willful neglect, not reasonable cause.
• Brown v. Dade Christian Schs., Inc.
  556 F.2d 310· 5th Cir.· 1977-07-25 ·cited 16×
  The court affirmed the district court's judgment, holding that while the beliefs of the New Testament Baptist Church and Dade Christian Schools were religious, the compelling governmental interest in eradicating the badges of slavery under 42 U.S.C. § 1981 outweighed the religiou
• Miller v. State
  161 So. 3d 354· Fla.· 2015-02-26 ·cited 15×·via De Novo Review Of Legal Conclusions
  Lionel Michael Miller, convicted and sentenced to death for the first-degree murder of a 72-year-old woman with Alzheimer's dementia, appeals the denial of his Rule 3.851 motion to vacate his conviction and sentence. The Florida Supreme Court affirmed the postconviction court's d
• Justin and Selma Soronson v. State Farm Fla. Ins. Co.
  96 So. 3d 949· Fla. 4th DCA· 2012-07-25 ·cited 15×
  Homeowners who failed to give immediate notice of Hurricane Wilma damage or submit a sworn proof of loss within 60 days of the loss appealed summary judgment in favor of their insurer. The court held that these requirements were conditions precedent to suit, not cooperation claus
• State v. DeLUCA
  40 So. 3d 120· Fla. 1st DCA· 2010-07-16 ·cited 15×·via De Novo Review Of Legal Conclusions
  Florida appealed a suppression order that excluded evidence obtained from Stephen DeLuca's detention, arguing that officers had reasonable suspicion based on a detailed 911 call from a crime victim. The court reversed, holding that the trial court erroneously classified the infor
• Arauz v. State
  171 So. 3d 160· Fla. 3d DCA· 2015-07-22 ·cited 14×·via De Novo Review Of Legal Conclusions
  The appellate court affirmed the trial court's denial of the defendant's motion to dismiss based on the Stand Your Ground law, finding sufficient evidence supported the trial court's factual findings and legal conclusions.
• Solano v. State Farm Fla. Ins. Co.
  155 So. 3d 367· Fla. 4th DCA· 2014-05-14 ·cited 14×
  The Solanos appealed a summary judgment for State Farm on their property damage claim arising from Hurricane Wilma, where the trial court held they failed to comply with a policy condition requiring an examination under oath (EUO). The Fourth District reversed, finding genuine di
• Beahan v. State
  41 So. 3d 1000· Fla. 1st DCA· 2010-08-05 ·cited 14×
  Austin Beahan appeals an order withholding adjudication of guilt for drug possession arising from a traffic stop. The court reversed, holding that the officer lacked reasonable suspicion to stop the vehicle and therefore the evidence should have been suppressed.
• State v. Othmane Ameqrane
  39 So. 3d 339· Fla. 2d DCA· 2010-05-21 ·cited 14×·via De Novo Review Of Legal Conclusions
  The State appealed a trial court order suppressing evidence from a DUI investigation, arguing that a police officer had reasonable suspicion to conduct field sobriety tests based on observed signs of impairment. The appellate court reversed, holding that the officer's observation
• Walker v. S. Cent. Bell Tel. Co.
  904 F.2d 275· 5th Cir.· 1990-06-28 ·cited 14×
  A complaint under 42 U.S.C. § 1981 must address discrimination in contract formation or enforcement, not post-employment issues. A claim for intentional infliction of emotional distress only requires pleadings to provide notice and allow inferences of claim elements, not explicit
• Riddell v. Riddell Wash. Corp.
  866 F.2d 1480· D.C. Cir.· 1989-02-03 ·cited 14×
  The court held that the plaintiff's claims for conversion, UCC violation, breach of contract, and wrongful transfer were time-barred. The dissent argued that the district court's findings regarding the plaintiff's knowledge of the Buchanan Appraisal were reasonable and that the R
• In re Ebbler Furniture & Appliances, Inc. v. Alton Banking & Tr. Co.
  804 F.2d 87· 7th Cir.· 1986-10-23 ·cited 14×·via De Novo Review Of Legal Conclusions
  The court held that 'value' under 11 U.S.C. § 547(c)(5) should be measured by wholesale cost when determining if a secured creditor improved its position at the expense of other creditors.
• Rolle v. Cold Stone Creamery, Inc.
  212 So. 3d 1073· Fla. 3d DCA· 2017-03-01 ·cited 13×
  A former Cold Stone Creamery franchisee appealed the dismissal of his defamation claims arising from a letter sent by Cold Stone's attorney to CNBC criticizing statements the franchisee made in a documentary. The appellate court reversed the dismissal, holding that the trial cour
• Preudhomme v. Garth Bailey
  82 So. 3d 138· Fla. 4th DCA· 2012-02-22 ·cited 13×·via De Novo Review Of Legal Conclusions
  In this family law appeal, the Fourth District Court of Appeal affirmed most of the trial court's dissolution judgment but reversed on three key issues: the classification and division of Grace Kennedy stock held in Jamaica, the failure to determine whether Jamaican real property
• Fla. Pub. Emps. Council 79, AFSCME, AFL-CIO v. State
  921 So. 2d 676· Fla. 1st DCA· 2006-01-24 ·cited 13×
  The Florida First District Court of Appeal reversed the Public Employees Relations Commission's dismissal of an unfair labor practice charge brought by a public employees union against the State of Florida. The court held that a layoff rule containing bumping provisions remained
• State v. Saivon K. Cruse
  121 So. 3d 91· Fla. 3d DCA· 2013-09-11 ·cited 12×
  The State appeals a trial court's suppression of a firearm found during a pat-down search of the defendant. The appellate court reverses, holding that the officers had reasonable suspicion to detain the defendant and lawfully conducted a pat-down based on concern for officer safe
• Chapman v. Fla. Unemployment Appeals Comm'n
  15 So. 3d 716· Fla. 1st DCA· 2009-07-13 ·cited 12×·via De Novo Review Of Legal Conclusions
  Cynthia Chapman appealed a denial of unemployment benefits based on her alleged unavailability for work due to school attendance and minimal job search. The Florida District Court of Appeal reversed and remanded, finding that some of the referee's factual conclusions lacked compe
• Detroit Diesel Corp. v. Atl. Mut. Ins. Co.
  18 So. 3d 618· Fla. 4th DCA· 2009-06-17 ·cited 12×
  The court held that the limited warranty covered engine repairs resulting from defects in material or workmanship during the second warranty period, even if a major component was not the primary cause of failure.
• Gaffney v. Gaffney
  965 So. 2d 1217· Fla. 4th DCA· 2007-09-26 ·cited 12×·via De Novo Review Of Legal Conclusions
  A Florida appellate court reversed a trial court's award of lump-sum alimony to Wife in a dissolution of marriage case, holding that the marital component of Husband's FRS pension accumulated during the marriage constituted a marital asset subject to equitable distribution, despi
• Rosa v. Dep't OF Child. & Families
  915 So. 2d 210· Fla. 1st DCA· 2005-10-26 ·cited 12×
  The court held that a jury issue existed regarding whether the plaintiff's letter constituted a protected whistleblower complaint under the statute.