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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289 So. 3d 525·
Fla. 2d DCA·
2019-12-20
·cited 7×
The appellate court reversed a trial court's post-dissolution order regarding a marital settlement agreement (MSA). The court found the trial court erred in limiting the former wife's entitlement to retirement benefits to only those accrued during the marriage and in determining
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The trial court erred in suppressing evidence of Crosby's identification because the officer's initial contact with Crosby constituted a mere street encounter initiated by Crosby himself, not an unlawful detention, and officers possessed founded suspicion to stop the vehicle base
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The trial court's final domestic violence injunction was supported by competent, substantial evidence where the wife testified to physical abuse, threats, controlling behavior involving substance abuse, and prior violence, demonstrating her objectively reasonable fear of imminent
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Hodges appeals the denial of his Rule 3.851 motion for postconviction relief challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirms the conviction but reverses the death sentence under Hurst v. Florida, holding that the non-unanimous
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In this workers' compensation case, the Judge of Compensation Claims (JCC) rejected the expert medical examiner's (EMA) opinion that a claimant's pre-existing shoulder conditions were the major contributing cause (MCC) of the need for shoulder replacement surgery, instead finding
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152 So. 3d 657·
Fla. 3d DCA·
2014-11-12
·cited 7×
Charter Schools USA appealed an order denying their motion to dissolve writs of garnishment and enforce a supersedeas bond posted after a $5.25 million judgment was entered against them for sexual abuse. The court affirmed, holding that execution on a judgment may proceed once th
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33 So. 3d 734·
Fla. 4th DCA·
2010-03-31
·cited 7×
Vigilant Insurance Company, an excess insurer, appealed a dismissal of its bad faith claim against Continental Casualty Company, the primary insurer. The court held that an excess insurer may pursue a bad faith claim against a primary insurer based on equitable subrogation princi
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889 So. 2d 988·
Fla. 4th DCA·
2004-12-22
·cited 7×
The court held that the arresting officer had probable cause to arrest the appellant for reckless driving, affirming the summary judgment.
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950 F.2d 165·
4th Cir.·
1991-11-27
·cited 7×
The court held that material issues of fact exist regarding justifiable reliance on oral representations that conflicted with written warnings, making summary judgment inappropriate for the securities fraud claims.
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The bankruptcy court did not exceed its authority in enjoining shareholders from pursuing an action that belonged to the debtor corporation's estate, as the claims had been settled by the trustee.
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# LEGAL BRIEF
**Smith v. Miami-Dade County School Board**, 3D23-2048 (Fla. 3d DCA Feb. 26, 2025): The Third District Court of Appeal reviewed de novo the School Board's demotion of Officer Smith from sergeant to school resource officer, applying the standard that conclusions of
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353 So. 3d 1190·
Fla. 4th DCA·
2023-01-18
·cited 6×
The appellate court reversed a trial court's order allowing an insured to add a punitive damage claim. The court found the insured failed to provide sufficient evidence that the insurer's actions occurred with such frequency as to indicate a general business practice and were wil
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Once a trial court finds that parents engaged in egregious conduct threatening a child's life or safety under Fla. Stat. § 39.806(1)(f), termination of parental rights is the least restrictive means of protecting the child and serves the child's manifest best interests; permanent
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338 So. 3d 1057·
Fla. 3d DCA·
2022-05-04
·cited 6×
Craig Simmons appealed a trial court's order granting summary judgment in favor of Jackson Memorial Hospital on a negligence claim arising from an alleged assault by another psychiatric facility resident. The court found that Simmons failed to comply with the mandatory notice req
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276 So. 3d 936·
Fla. 3d DCA·
2019-07-10
·cited 6×
The appellate court reversed a preliminary injunction and denied a motion to stay arbitration, holding that disputes over a "County/City Equity Payment" were subject to arbitration as per the parties' agreements. The court emphasized that arbitration provisions are favored and do
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Appellant was convicted of sexual battery and lewd and lascivious molestation of a child and appealed, challenging the admissibility of his confession to police and the exclusion of evidence regarding the victim's consensual sexual relationship with her boyfriend. The court uphel
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Fla. 2d DCA·
2018-11-16
·cited 6×
A non-party to a contract may not recover for breach thereof absent proof of third-party beneficiary status, and summary judgment cannot be granted in favor of a party seeking to enforce a contract on an as-yet unpled cause of action.
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257 So. 3d 516·
Fla. 5th DCA·
2018-08-24
·cited 6×
PMT appeals from dismissal of a foreclosure action based on alleged lack of standing. The Florida Fifth District Court of Appeal reversed, holding that PMT established standing both as substitute plaintiff (inheriting the original plaintiff's standing) and in its own right by int
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252 So. 3d 773·
Fla. 2d DCA·
2018-05-18
·cited 6×
An insurer's PIP policy clearly and unambiguously elects to limit reimbursement to eighty percent of the schedule of maximum charges when it expressly states such a limitation and includes language mirroring the applicable fee schedules from the statute. Under the 2013 PIP statut
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242 So. 3d 456·
Fla. 2d DCA·
2018-03-23
·cited 6×
Bright House Networks appeals a trial court's denial of its motion for attorney's fees based on a proposal for settlement served on Albert B. Cassidy pursuant to Florida's offer of judgment statute. The trial court found the proposal ambiguous regarding which claims were to be di
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240 So. 3d 89·
Fla. 3d DCA·
2018-02-21
·cited 6×
A college professor who is not a supervisor and not required by administrative rule to evaluate another professor's job performance cannot establish absolute immunity as a public official at the motion-to-dismiss stage when the complaint alleges defamatory statements made in reta
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A Florida appellate court reversed a school board's decision to terminate a teacher, holding that the Administrative Law Judge's findings that the teacher's performance evaluations were flawed and unreliable were supported by competent substantial evidence and could not be reject
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180 So. 3d 190·
Fla. 1st DCA·
2015-12-01
·cited 6×
Dr. Samiian appeals summary judgment dismissing his bad faith claim against his malpractice insurer, FPIC, which had tendered policy limits but then offered binding arbitration on a claim that ultimately resulted in a $43 million judgment. The court reversed, holding that the sta
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The State appeals a trial court's order granting a defendant's motion to suppress evidence from a vehicle stop. The Fourth District Court of Appeal reverses, holding that police had reasonable suspicion under the totality of circumstances to stop the defendant's vehicle based on
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A warrantless entry into a home is reasonable when police officers, acting from the perspective of a reasonable officer on scene, reasonably believe based on objective circumstances that an individual is in distress and requires immediate assistance, even if that belief later pro
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The State appealed a trial court's order suppressing cocaine found during a traffic stop, arguing the court erred in requiring the State to prove the stop was not pretextual. The appellate court reversed, holding that under the objective test from Whren v. United States and Holla
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Estrada appeals an arbitration award in a medical negligence case involving delayed diagnosis of breast cancer. The arbitration panel limited her loss of earning capacity damages to her shortened post-injury life expectancy, but the court reverses, holding that damages for loss o
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91 So. 3d 233·
Fla. 5th DCA·
2012-06-22
·cited 6×
Richards appeals a summary judgment of mortgage foreclosure against him. The court reversed because HSBC failed to establish it was the holder of the promissory note, as a material factual dispute existed regarding whether the note was held by HSBC or Bishops Gate Residential Mor
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82 So. 3d 849·
Fla. 4th DCA·
2011-05-04
·cited 6×
The Florida Insurance Guaranty Association (FIGA) appealed a trial court's award of attorney's fees to the Ehrlichs in an insurance coverage dispute. The Fourth District reversed, holding that FIGA's filing of affirmative defenses pursuant to a court order—rather than voluntarily
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7 So. 3d 1146·
Fla. 2d DCA·
2009-03-20
·cited 6×
Jarvis McBride was convicted of manslaughter as a principal in a shooting death, but the appellate court reversed, finding the State presented insufficient evidence to prove he intended the crime or assisted in its commission. McBride's presence at the scene, knowledge of the cri
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839 So. 2d 897·
Fla. 1st DCA·
2003-03-13
·cited 6×
Scott Dwelle appealed a declaratory judgment denying him uninsured motorist benefits under his parents' automobile insurance policies on the grounds he was not a resident relative. The appellate court reversed, holding that despite Dwelle's stated intent to live with his new wife
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995 F.2d 1173·
2d Cir.·
1993-06-11
·cited 6×
A new product idea, even if labeled a trade secret, is not protectible under New York law if it lacks novelty and originality, especially after the plaintiff abandons any claim of novelty.
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980 F.2d 323·
5th Cir.·
1992-12-31
·cited 6×
The court held that an amendment to a welfare benefit plan is valid even without a beneficiary's personal notice, unless active concealment or prejudice is shown, and that an insurer is entitled to offset the entire workers' compensation award based on clear plan language.
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The court held that the bankruptcy and district courts erred in allowing Cross Manufacturing to amend its counterclaim to include a contribution claim under Rule 15(b) because Rivinius, Inc. did not expressly or impliedly consent to trying that issue, and the elements of mortgage
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966 F.2d 13·
1st Cir.·
1992-06-05
·cited 6×
The court held that neither Officer DiSabato nor the City of Manchester or Police Chief King were deliberately indifferent to the risk of Mr. Bowen's suicide, and thus summary judgment for the defendants was appropriate.
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The court held that the district court did not err in enhancing the defendant's criminal history score for a prior misdemeanor conviction and for committing the instant offense while under a criminal justice sentence.
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The Tax Court erred in holding the Fendells liable for tax deficiencies because the statute of limitations had expired on the Trust's returns, barring adjustments at the beneficiary level.
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The court affirmed the Chief Administrative Hearing Officer's order finding Maka in violation of the Immigration Reform and Control Act (IRCA) for unlawfully employing an unauthorized alien and failing to comply with verification requirements.
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The court held that the debtor was estopped from denying dominion and control over shell corporations and that his tax liabilities were not dischargeable due to evasion.
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The court held that the Federal Water Pollution Control Act (FWPCA) is causation-based, not fault-based, and that a vessel owner's non-negligent decision to navigate outside a marked channel can be a contributing cause of an oil discharge, thus precluding the third-party liabilit
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Future pension benefits are not dischargeable, but accrued benefits prior to bankruptcy filing are dischargeable.
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726 F.2d 132·
4th Cir.·
1984-01-17
·cited 6×
The court held that the indemnification clause of the construction contract covered the state employee, requiring the contractor to indemnify him for the judgment awarded to the deceased employee's estate.
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723 F.2d 958·
D.C. Cir.·
1983-12-20
·cited 6×
The court held that the district court erred in approving a magistrate's order that improperly limited the substantive scope of discovery in individual Title VII employment discrimination claims, as such limitations were not intended by the settlement agreement.
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The appellate court denied a petition for a writ of prohibition challenging a trial court's denial of self-defense immunity. The court found the petition was filed too late, and also that the trial court's decision was correct on the merits.
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The Eleventh Circuit affirmed the district court's judgment, finding no clear error in its determination that A.L.'s requested modifications were neither necessary nor reasonable and would fundamentally alter Disney's business model.
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47 Fla. L. Weekly S78·
Fla. 1st DCA·
2022-05-04
·cited 5×
The appellate court affirmed a jury verdict against Philip Morris USA, Inc. in an Engle-progeny case. The court found sufficient evidence that the decedent detrimentally relied on misleading advertisements for "low-tar" cigarettes, which contributed to his smoking, cancer, and de
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335 So. 3d 1236·
Fla. 3d DCA·
2021-10-27
·cited 5×
Sara Babun, as personal representative of her father's estate and co-trustee of his trust, appeals an award of attorney's fees to counsel representing her mother, Cristina, in an adversary proceeding against the trust. The court awarded interim fees of $530,266.75 plus expert fee
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The trial court erred in denying the preliminary temporary injunction motion because intrusion upon seclusion does not require publication of recorded material, and the Jackmans established a reasonable expectation of privacy in their fenced backyard that was violated by the Swar
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Fletcher was entitled to Stand Your Ground immunity because he was standing on a public sidewalk, not trespassing on Parker's property, when he fired the shot in defense of his brother. The trial court erred in treating Fletcher as a trespasser based on evidence showing he was ap
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227 So. 3d 621·
Fla. 4th DCA·
2017-08-16
·cited 5×
Warwick Corporation challenged an excess insurance policy issued by Landmark American Insurance Company, arguing it was ambiguous and illusory because a required 'Statement of Values' was not formally attached or titled as such, and because one property's value equaled the primar