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

• Garita Hotel Ltd. P'ship v. Ponce Fed. Bank
  958 F.2d 15· 1st Cir.· 1992-03-05 ·cited 12×
  The court held that a motion to dismiss is not automatically converted to a summary judgment motion simply because outside materials are filed; the court must actually consider them. The court also held that the complaint sufficiently stated a claim against Ponce Federal Bank.
• United States v. Madera-Gallegos
  945 F.2d 264· 9th Cir.· 1991-09-18 ·cited 12×·via De Novo Review Of Legal Conclusions
  The court held that flight from arrest, without more, does not constitute obstruction of justice under U.S.S.G. § 3C1.1, and that Carla Rosa was not a minimal participant.
• Torix v. Ball Corp.
  862 F.2d 1428· 10th Cir.· 1988-12-09 ·cited 12×·via De Novo Review Of Legal Conclusions
  The court held that a reasonable interpretation of 'total disability' under an ERISA plan must consider the claimant's ability to pursue gainful employment in light of all circumstances, not a literal interpretation of the plan's terms.
• Smithy Braedon Co. v. Mohamed Anwar M. Hadid
  825 F.2d 787· 4th Cir.· 1987-08-12 ·cited 12×
  A contract for real estate brokerage commissions is not unenforceable under statutes and regulations when the unlicensed broker, with whom commissions were shared, performed no services.
• Huey Henry Breaux v. Schlumberger Offshore Servs.
  817 F.2d 1226· 5th Cir.· 1987-06-02 ·cited 12×·via De Novo Review Of Legal Conclusions
  The majority incorrectly applied the doctrine of detrimental reliance to bind Schlumberger, as it requires less proof than apparent authority and alters Louisiana law significantly.
• Kersh v. The Gen. Council OF the Assemblies OF GOD
  804 F.2d 546· 9th Cir.· 1986-11-13 ·cited 12×
  The court held that a church organization is not secondarily liable under Section 20(a) of the Securities Exchange Act of 1934 for a local church's fraudulent fundraising activities because there was insufficient evidence of control or culpable participation.
• United Fire Ins. Co. v. Commissioner OF Internal Revenue
  768 F.2d 164· 7th Cir.· 1985-07-19 ·cited 12×·via De Novo Review Of Legal Conclusions
  Accident and health insurance policies that are otherwise noncancellable or guaranteed renewable remain so during the period of the preliminary term when they are reserved by the two-year preliminary term method, for purposes of the reserve ratio test for qualification as a life
• McLaurin v. The Terminix Int'l Co., LP
  13 F.4th 1232· 11th Cir.· 2021-09-17 ·cited 11×·via De Novo Review Of Legal Conclusions
  The court held that a motion to confirm an arbitration award can be granted even if filed within the three-month period allowed for filing a motion to vacate, and that a district court does not abuse its discretion by striking a late-filed motion to vacate if the party failed to
• Lian DE LA Riva v. Chavez
  303 So. 3d 955· Fla. 4th DCA· 2020-09-09 ·cited 11×
  Lian de la Riva and State Farm appeal from a trial court order awarding attorney's fees to Alfonso Chavez based on Chavez's rejected proposal for settlement. The central dispute concerns whether Chavez's proposal for settlement was valid when served before the proper substitution
• Dorcely v. State of Fla. Dep't OF Bus. & Prof'l Reg. & Thrity Malhotra
  22 So. 3d 834· Fla. 4th DCA· 2009-11-25 ·cited 11×·via De Novo Review Of Legal Conclusions
  Louis Dorcely appealed the denial of his claim for reimbursement from Florida's Real Estate Recovery Fund after a real estate licensee fraudulently sold property he had transferred to her as trustee. The court affirmed the denial, finding the claim was untimely filed and did not
• State v. Woldridge
  958 So. 2d 455· Fla. 2d DCA· 2007-05-04 ·cited 11×·via De Novo Review Of Legal Conclusions
  The State appealed the trial court's suppression of evidence obtained from a search warrant for child pornography. The appellate court reversed, holding that AOL's mandatory statutory report of child pornography transmission to law enforcement provided a presumption of reliabilit
• K.G.M. v. State
  816 So. 2d 748· Fla. 4th DCA· 2002-05-08 ·cited 11×·via De Novo Review Of Legal Conclusions
  K.G.M., a minor, appeals his adjudication of delinquency for drug possession after police discovered marijuana during a vehicle search following a traffic stop. The appellate court affirmed the trial court's denial of the motion to suppress, finding reasonable suspicion based on
• In re Windmill Farms, Inc. v. Buchbinder
  841 F.2d 1467· 9th Cir.· 1988-03-25 ·cited 11×·via De Novo Review Of Legal Conclusions
  A lease terminates under California law at least by the time the lessor files an unlawful detainer action, provided a proper three-day notice to pay rent or quit was given, the lessee failed to cure the default, and the notice elected forfeiture.
• Arlington Pebble Creek, LLC v. Campus Edge Condo. Ass'n, Inc.
  232 So. 3d 502· Fla. 1st DCA· 2017-11-06 ·cited 10×
  Arlington Properties and Arlington Pebble Creek appealed a jury verdict awarding damages to Campus Edge Condominium Association for fraudulent and negligent misrepresentation regarding water intrusion problems in a converted condominium. The First District Court of Appeal reverse
• Charbonier Food Servs., LLC v. 121 Alhambra Tower, LLC
  206 So. 3d 755· Fla. 3d DCA· 2016-10-05 ·cited 10×
  Charbonier Food Services appealed from a trial court order requiring it to deposit disputed rent into the court registry and a subsequent eviction judgment. The appellate court reversed, finding that the lease's rent provision was ambiguous and susceptible to multiple reasonable
• Leary v. State
  880 So. 2d 776· Fla. 5th DCA· 2004-06-25 ·cited 10×
  Adrian Leary appeals his conviction for possession of a firearm by a convicted felon after pleading guilty and reserving the right to appeal the denial of his motion to suppress. The court reversed because the inventory search of his vehicle's trunk, which uncovered the firearm,
• State Farm Mut. Auto. Ins. Co. v. Colon
  880 So. 2d 782· Fla. 2d DCA· 2004-06-25 ·cited 10×
  State Farm challenged a trial court's determination that Melissa Colon was covered under her grandfather's uninsured motorist insurance policy. The Florida appellate court reversed, holding that Colon did not reside primarily with her grandfather because she was staying there tem
• United States v. Lacey
  969 F.2d 926· 10th Cir.· 1992-07-09 ·cited 10×·via De Novo Review Of Legal Conclusions
  The court held that the district court erred by imposing a consecutive sentence for the obstruction offense when it had already enhanced the underlying drug offense level, and that the evidence was sufficient to sustain the conviction.
• LeJEUNE v. Shell OIL Co.
  950 F.2d 267· 5th Cir.· 1992-01-10 ·cited 10×
  The court held that Shell Oil Company was not liable for the injuries sustained by an independent contractor's employee, as Shell did not retain operational control over the contractor's work and the contractor was solely responsible for safety.
• Zilkha Energy Co. v. Leighton
  920 F.2d 1520· 10th Cir.· 1990-12-10 ·cited 10×
  The court held that while the district court correctly dismissed the bankruptcy claims as time-barred under a proper interpretation of § 546(a), it erred in not considering the equitable claim for unjust enrichment under the doctrine of laches.
• Shields v. ELI Lilly & Co.
  895 F.2d 1463· D.C. Cir.· 1990-02-16 ·cited 10×
  A plaintiff need not present conclusive proof of DES exposure to survive summary judgment, but only evidence sufficient to allow a reasonable juror to infer exposure.
• Mester Mfg. Co. v. Immigr. & Naturalization Serv.
  879 F.2d 561· 9th Cir.· 1989-06-23 ·cited 10×·via De Novo Review Of Legal Conclusions
  The court held that Mester Manufacturing Co. violated the Immigration Reform and Control Act (IRCA) by knowingly continuing to employ unauthorized aliens, and that the administrative process and statute were constitutional. The court affirmed the administrative law judge's order.
• Equal Emp. Opportunity Comm'n v. Milavetz & Assocs., P.A.
  863 F.2d 613· 8th Cir.· 1988-12-23 ·cited 10×·via De Novo Review Of Legal Conclusions
  The court held that the district court did not err in awarding attorney fees against the law firm under Rule 11 and 28 U.S.C. § 1927, finding no abuse of discretion or legal error.
• Am. Ass'n OF Christian Schs. Voluntary Emps. Beneficiary Ass'n Welf. Plan Tr. v. United States
  850 F.2d 1510· 11th Cir.· 1988-08-02 ·cited 10×·via De Novo Review Of Legal Conclusions
  The Trust does not qualify for tax-exempt status under 26 U.S.C.A. §§ 501(c)(3), (4), or (9) because it operates as a commercial insurance provider with substantial private, non-exempt purposes and fails to meet control and nondiscrimination requirements for VEBAs.
• Wood v. Fla. Dep't of Educ.
  142 F.4th 1286· 11th Cir.· 2025-07-02 ·cited 9×·via De Novo Review Of Legal Conclusions
  Katie Wood, a transgender public school teacher in Florida, challenged a state law prohibiting her from using the honorific "Ms." and feminine pronouns in classroom interactions with students, claiming the restriction violated her First Amendment free speech rights. The Eleventh
• Swift v. State
  Fla. 1st DCA· 2022-07-20 ·cited 9×·via De Novo Review Of Legal Conclusions
  The appellate court affirmed the trial court's denial of self-defense immunity for a defendant charged with murder. The defendant pleaded guilty to a lesser offense while reserving the right to appeal the immunity denial, but the court found sufficient evidence supported the tria
• Town OF Ponce Inlet v. Pacetta, LLC
  120 So. 3d 27· Fla. 5th DCA· 2013-07-05 ·cited 9×·via De Novo Review Of Legal Conclusions
  The Town of Ponce Inlet appeals a trial court's determination that it was liable to Pacetta, LLC under the Bert J. Harris, Jr. Private Property Rights Protection Act (Harris Act) for inordinately burdening Pacetta's vested right to develop riverfront property. The appellate court
• State v. Wissell Irizarry
  948 So. 2d 39· Fla. 5th DCA· 2006-12-22 ·cited 9×·via De Novo Review Of Legal Conclusions
  The Fifth District Court of Appeal reversed a trial court's suppression of evidence from a search warrant executed at Wissell Irizarry's residence. The court held that the affidavit supporting the warrant contained sufficient probable cause based on corroborating information, inc
• United States v. Parris H. Phillips
  952 F.2d 591· 1st Cir.· 1991-12-27 ·cited 9×
  The court held that applying a Sentencing Guidelines adjustment for selling firearms to prohibited persons, even when the underlying offense also involves transporting firearms across state lines, does not constitute impermissible double counting.
• Stanley Duplantis and his wife v. Shell Offshore, Inc.
  948 F.2d 187· 5th Cir.· 1991-12-06 ·cited 9×
  The court held that the district court correctly granted summary judgment because the plaintiffs failed to present evidence of a genuine issue of material fact regarding Shell's negligence or operational control over the independent contractor.
• In re Convergent Techs. Sec. Litig. Robert Morris v. Merrill E. Newman
  948 F.2d 507· 9th Cir.· 1991-08-27 ·cited 9×
  The court held that the defendants' public disclosures did not mislead investors regarding product demand, profitability, or development risks, and therefore summary judgment for the defendants was appropriate.
• Barnes v. A.S. Lacy
  927 F.2d 539· 11th Cir.· 1991-03-22 ·cited 9×·via De Novo Review Of Legal Conclusions
  The court held that Alagasco did not commit misrepresentation or violate ERISA by offering early retirement plans, as its statements were truthful and made in good faith, and it complied with ERISA's disclosure requirements.
• In re Herbert v. Herbert
  806 F.2d 889· 9th Cir.· 1986-12-16 ·cited 9×·via De Novo Review Of Legal Conclusions
  The Petroleum Marketing Practices Act (PMPA) preempts otherwise applicable state law regarding the termination of petroleum franchises, rendering state law cure rights and termination provisions inapplicable. A franchise terminated under the PMPA is not an executory contract assu
• Edwards v. State
  351 So. 3d 1142· Fla. 1st DCA· 2022-11-21 ·cited 8×·via De Novo Review Of Legal Conclusions
  The appellate court denied a petition for a writ of prohibition, affirming the trial court's decision to deny a motion to dismiss a manslaughter charge. The defendant claimed self-defense immunity, but the court found that the State presented clear and convincing evidence to over
• Costco Wholesale Corp. v. Llanio-Gonzalez
  213 So. 3d 944· Fla. 4th DCA· 2017-03-22 ·cited 8×
  Costco appealed a circuit court's order denying its motion for attorney's fees after the plaintiffs rejected Costco's proposals for settlement in a slip-and-fall negligence case. The Fourth District Court of Appeal reversed, holding that Costco's settlement proposals and attached
• In re Guardianship OF Robert E. Beck v. Berschback
  204 So. 3d 143· Fla. 2d DCA· 2016-11-18 ·cited 8×
  Kenneth E. Kemp, II, and Jerald J. Chlipala appealed a trial court's denial of attorney's fees and costs in a guardianship case where an emergency temporary guardian was appointed but the ward died before a determination of incapacity could be made. The Florida Second District Co
• Mohan v. Orlando Health, Inc.
  163 So. 3d 1231· Fla. 5th DCA· 2015-05-15 ·cited 8×
  In this medical malpractice case, the appellate court reversed the trial court's dismissal of all claims against Orlando Health, Inc., holding that the plaintiffs' complaint stated viable causes of action for direct liability, joint liability, and vicarious liability despite cont
• Lower Fees, Inc. v. Bankrate, Inc.
  74 So. 3d 517· Fla. 4th DCA· 2011-10-19 ·cited 8×
  Lower Fees appeals dismissal of its fraud in the inducement claim against Bankrate, asserting that a "no-reliance" clause in an asset purchase agreement does not bar rescission based on fraudulent inducement. The court reverses, holding that under Florida law, a contract provisio
• Theron Remington v. City OF Ocala/United Self Insured
  940 So. 2d 1207· Fla. 1st DCA· 2006-10-31 ·cited 8×·via De Novo Review Of Legal Conclusions
  Theron Remington appeals the denial of his workers' compensation petition for reimbursement of transportation costs to obtain prescription medicines. The court held that Florida workers' compensation law requires employers to reimburse injured workers for necessary transportation
• Chandler v. The City OF Dallas
  958 F.2d 85· 5th Cir.· 1992-04-09 ·cited 8×·via De Novo Review Of Legal Conclusions
  The court held that the district court's findings of fact and conclusions of law were insufficiently detailed to satisfy Federal Rule of Civil Procedure 52(a), preventing meaningful appellate review.
• Curto v. City OF Harper Woods
  954 F.2d 1237· 6th Cir.· 1992-01-28 ·cited 8×
  The court held that the district court erred in granting summary judgment on the plaintiff's claim that the ordinance was an unreasonable means of advancing a legitimate governmental interest, as the record was insufficient to determine if the 'three cars per bay' limit was arbit
• In re Burkart Farm & Livestock v. Serelson
  938 F.2d 1114· 10th Cir.· 1991-07-11 ·cited 8×·via De Novo Review Of Legal Conclusions
  The court held that a land description in a security agreement for growing crops is insufficient if it uses vague language like 'in and around' specific sections, failing to reasonably identify the land concerned.
• Rachelle Hines v. British Steel Corp.
  907 F.2d 726· 7th Cir.· 1990-07-23 ·cited 8×
  A time charterer owes no general duty to supervise stevedoring operations, and contractual arrangements did not impose such a duty in this case.
• Nat'l R.R. Passenger Corp. v. The City OF NEW York
  882 F.2d 710· 2d Cir.· 1989-08-16 ·cited 8×
  The court held that 45 U.S.C. § 546b exempts Amtrak only from taxes and tax-equivalent fees, not from rent payments for the use of city property.
• In re Herd v. Herd
  840 F.2d 757· 10th Cir.· 1988-02-25 ·cited 8×·via De Novo Review Of Legal Conclusions
  The court held that a bankruptcy notice containing an erroneous and ambiguous bar date is legally insufficient, and a creditor's claim filed by the last effective date stated in the notice is timely.
• Stephens Indus., Inc. v. Bankruptcy
  789 F.2d 386· 6th Cir.· 1986-04-28 ·cited 8×·via De Novo Review Of Legal Conclusions
  The court held that the Bankruptcy Court did not abuse its discretion in approving the sale of the debtor's assets, including FCC licenses, and in refusing to lift the automatic stay, as there was a sound business purpose for the sale and the debtor had equity in the licenses.
• The Kidwell Grp., LLC v. Safepoint Ins. Co.
  376 So. 3d 48· Fla. 4th DCA· 2023-12-20 ·cited 7×
  An unexecuted invoice satisfies the statutory requirement of Florida Statutes § 627.7152(2)(a) for a written, itemized, per-unit cost estimate when the executed assignment agreement expressly refers to and incorporates the invoice by reference. The invoice need not be separately
• Dudowicz v. The Pearl on 63 Main, Ltd.
  326 So. 3d 715· Fla. 1st DCA· 2021-07-20 ·cited 7×
  The appellate court affirmed the trial court's decision that a hotel had no duty to warn a guest about an open and obvious change in floor level. However, it reversed the summary judgment on the claim that the hotel failed to maintain its premises in a reasonably safe condition,
• Waldera v. Waldera
  45 Fla. L. Weekly D47· Fla. 3d DCA· 2020-08-05 ·cited 7×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a final judgment of dissolution of marriage, finding the trial court erred in calculating the former husband's income and imputing income to the former wife. The court held that the trial court's reliance on a single year's anomalous income for the hu
• MTGLQ Invs. v. Moore
  293 So. 3d 610· Fla. 1st DCA· 2020-04-09 ·cited 7×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a trial court's denial of foreclosure, finding that the trial court abused its discretion and erred as a matter of law by applying the "unclean hands" doctrine. The court held that the prior lender's alleged actions did not legally bar foreclosure and