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

• M.T. v. Agency for Persons with Disabilities
  212 So. 3d 413· Fla. 3d DCA· 2016-08-24 ·cited 5×·via De Novo Review Of Legal Conclusions
  M.T., a young man with Lennox-Gastaut syndrome and continuous seizures, sought enrollment in Florida's Home and Community-Based Services Waiver Program for intellectually disabled individuals. The Agency for Persons with Disabilities (APD) and a hearing officer denied his applica
• Goodman v. Fla. Dep't of Law Enf't
  203 So. 3d 909· Fla. 4th DCA· 2016-05-25 ·cited 5×·via De Novo Review Of Legal Conclusions
  John Goodman appealed the dismissal of his challenge to Florida Department of Law Enforcement rules governing blood alcohol testing procedures in a DUI manslaughter case. The court affirmed the administrative law judge's finding that the challenged rules adequately ensure reliabl
• Bove v. Naples HMA, LLC
  196 So. 3d 411· Fla. 2d DCA· 2016-04-01 ·cited 5×
  Mrs. Bove appealed the dismissal of her medical negligence complaint against a hospital and two physicians for failing to file within Florida's two-year statute of limitations. The court affirmed dismissal, holding that Mrs. Bove was bound by her own admission in the notice of in
• Sterling Crest, Ltd. v. Blue Rock P'rs Realty Grp., LLC
  164 So. 3d 1273· Fla. 5th DCA· 2015-06-12 ·cited 5×
  Sterling Crest, Ltd. and its general partner Royal American Development, Inc. appealed a trial court's grant of partial summary judgment ordering specific performance of a real estate sale contract to Blue Rock Partners Realty Group, LLC. The Fifth District Court of Appeal revers
• Wojnowski v. State
  98 So. 3d 189· Fla. 1st DCA· 2012-09-13 ·cited 5×·via De Novo Review Of Legal Conclusions
  The court held that the Florida Office of Financial Regulation (OFR) could properly rely on a FINRA arbitration award to deny an applicant's registration as an associated person of a securities dealer, as the award satisfied statutory requirements.
• United States v. Sternberg (In Re Sternberg)
  229 B.R. 238· S.D. Fla.· 1998-11-12 ·cited 5×·via De Novo Review Of Legal Conclusions
  The Court of Appeals reversed the Bankruptcy Court's order, finding that the debtor's transfer of assets to his wife was a willful attempt to evade taxes, making the debt nondischargeable.
• In re Pierce v. AETNA Life Ins. Co.
  809 F.2d 1356· 8th Cir.· 1987-01-27 ·cited 5×·via De Novo Review Of Legal Conclusions
  An attorney's failure to perfect a statutory lien under state law, such as by failing to file notice, renders the lien avoidable by a bankruptcy trustee under 11 U.S.C. § 545(2). Furthermore, an attorney holding a prepetition mortgage on debtor property is not a disinterested per
• Burns v. State
  361 So. 3d 372· Fla. 4th DCA· 2023-05-24 ·cited 4×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a trial court's denial of immunity under Florida's Stand Your Ground law. The court held that openly carrying and loading a firearm on one's own property, in response to trespassers and perceived threats to property, does not constitute an unjustified
• GFA Int'l, Inc. v. Trillas
  327 So. 3d 872· Fla. 3d DCA· 2021-09-01 ·cited 4×·via De Novo Review Of Legal Conclusions
  Violation of an enforceable restrictive covenant creates a statutory presumption of irreparable injury; when a party presents unrebutted evidence of such violation, a trial court abuses its discretion in denying a temporary injunction based on the availability of monetary damages
• Flowers v. State
  290 So. 3d 642· Fla. 1st DCA· 2020-02-19 ·cited 4×·via De Novo Review Of Legal Conclusions
  This case concerns whether a traffic stop was unreasonably prolonged to conduct a dog sniff. The appellate court affirmed the denial of the motion to suppress, finding the dog sniff did not extend the stop beyond the time needed for the traffic citation.
• Vasallo Tome v. Herrera-Zenil
  273 So. 3d 140· Fla. 3d DCA· 2019-02-20 ·cited 4×
  A trial court abuses its discretion in denying a forum non conveniens motion under Florida Rule of Civil Procedure 1.061 when its written order lacks meaningful analysis of the Kinney factors and the hearing transcript does not demonstrate adequate consideration of those factors.
• Arica Matyjaszek v. Matyjaszek
  255 So. 3d 372· Fla. 4th DCA· 2018-09-12 ·cited 4×·via De Novo Review Of Legal Conclusions
  When nonmarital property is financed entirely by a mortgage that marital funds repay, the entire passive appreciation of that property is a marital asset subject to equitable distribution, and a trial court cannot use a debt-to-value ratio exceeding 100% to calculate the marital
• Bank of N.Y. Mellon v. HOA Rescue Fund, LLC
  249 So. 3d 731· Fla. 2d DCA· 2018-06-08 ·cited 4×
  A purchaser of property subject to a pending foreclosure action with a recorded lis pendens is not entitled to intervene in that action and cannot challenge the foreclosing lender's standing or the sufficiency of its claims against the original mortgagors. An intervenor pendente
• Evergreen Lakes HOA, Inc. v. Lloyd's Underwriters AT London
  230 So. 3d 1· Fla. 4th DCA· 2017-10-18 ·cited 4×
  Evergreen Lakes HOA appeals summary judgment dismissing its bad faith insurance claim against Lloyd's Underwriters. The trial court found Evergreen failed to timely serve a Civil Remedies Notice (CRN) as required by Florida law. The appellate court reversed, holding that Underwri
• Willoughby v. Agency for Health Care Admin.
  212 So. 3d 516· Fla. 2d DCA· 2017-03-10 ·cited 4×·via De Novo Review Of Legal Conclusions
  Randy Willoughby, a Medicaid recipient, appealed an administrative order requiring him to reimburse the Agency for Health Care Administration (AHCA) from settlement proceeds for medical expenses paid by Medicaid. The Second District affirmed that bad faith damages from an insuran
• Arnoux v. Bank OF NEW York
  193 So. 3d 82· Fla. 3d DCA· 2016-05-11 ·cited 4×
  Carl Arnoux appealed the dismissal of his declaratory judgment and quiet title action against Bank of New York, arguing that the five-year statute of limitations barred the Bank's enforcement of his mortgage after acceleration. The court affirmed the dismissal, holding that under
• Narciso Vivot v. Bank OF Am., NA
  115 So. 3d 428· Fla. 2d DCA· 2013-06-07 ·cited 4×
  A party who successfully obtains an involuntary dismissal of a foreclosure action for failure to prosecute is the prevailing party entitled to attorney's fees under the note, mortgage, and statute.
• Tover v. State
  106 So. 3d 958· Fla. 4th DCA· 2013-01-23 ·cited 4×·via De Novo Review Of Legal Conclusions
  Wayne Tover sought a writ of prohibition to overturn the trial court's denial of his pretrial motion to dismiss based on Florida's 'Stand Your Ground' immunity law (§ 776.032). The Fourth District Court of Appeal affirmed the trial court's denial, finding no abuse of discretion i
• Williams v. State of Fla. Dep't OF Corrections/Division OF Risk Mgmt.
  97 So. 3d 923· Fla. 1st DCA· 2012-08-31 ·cited 4×
  In this workers' compensation appeal, the court addressed whether an employer/carrier's advance payment under section 440.20(12) constitutes timely benefit payment for purposes of attorney's fees eligibility. The court held that advance payments do not equate to initiating benefi
• Truman McGILL and Margo McGill v. Perez
  59 So. 3d 388· Fla. 2d DCA· 2011-05-06 ·cited 4×
  In this appeal from summary judgment in a rear-end collision case, the court reversed the trial court's decision granting summary judgment to the defendant drivers. The court held that disputed issues of material fact regarding the defendant's conduct precluded summary judgment,
• State v. Hackett
  944 So. 2d 399· Fla. 4th DCA· 2006-10-11 ·cited 4×·via De Novo Review Of Legal Conclusions
  A person who is asked to step out of a vehicle during a consent search becomes subject to Miranda protections when the officer discovers contraband, arrests the driver, and then conducts a criminal interrogation while the person is not free to leave. The totality of circumstances
• Fla. Recycling Servs., Inc. v. Greater Orlando Auto Auction, Inc.
  898 So. 2d 129· Fla. 5th DCA· 2005-03-04 ·cited 4×
  The court held that substantial compliance with a written notice of breach requirement in a contract is insufficient when the contract explicitly demands written notice.
• J.J.W. v. State
  892 So. 2d 1189· Fla. 5th DCA· 2005-02-04 ·cited 4×
  The court held that the evidence was sufficient to sustain a finding of guilt for manslaughter, and the trial court correctly denied the motion to dismiss.
• Law Offs. of David J. Stern, P.A. v. Martinez (In Re Martinez)
  271 B.R. 696· S.D. Fla.· 2001-12-28 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court held that the debt collector's FDCPA notice was ineffective because it was overshadowed by the more prominent and threatening language in the foreclosure summons, confusing the least sophisticated consumer.
• Amplicon Fin., Inc. v. Sunshine-Jr. Stores
  198 B.R. 823· M.D. Fla.· 1996-06-28 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court held that Amplicon's reversionary interest was extinguished by the debtor's default and CIT's exercise of its rights under the assignment, and that the assignment was unambiguous, precluding parol evidence.
• In re Sandor Chabot v. Sandor Chabot
  992 F.2d 891· 9th Cir.· 1993-04-16 ·cited 4×·via De Novo Review Of Legal Conclusions
  A junior judicial lien does not impair a debtor's homestead exemption if it does not diminish the exemption's value, and therefore cannot be avoided under 11 U.S.C. § 522(f).
• United States Fire Ins. Co. v. Fed. Deposit Ins. Corp. for Empire Sav. & Loan Ass'n
  981 F.2d 850· 5th Cir.· 1993-01-27 ·cited 4×
  The court held that the Texas Savings and Loan Commission's assumption of control over Empire constituted a 'taking over' under the bond's termination provision, thus terminating the insurance coverage.
• In re Pasek v. Pasek
  983 F.2d 1524· 10th Cir.· 1993-01-20 ·cited 4×·via De Novo Review Of Legal Conclusions
  A debt is not dischargeable under 11 U.S.C. § 523(a)(6) only if the debtor acted with intent to cause injury, not merely with intent to perform the act that caused injury.
• Selan v. Kiley
  969 F.2d 560· 7th Cir.· 1992-08-04 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court held that the plaintiff failed to establish a continuing violation for time-barred claims and that the denial of professional privileges was not a result of age discrimination or retaliation.
• Cormier v. Pennzoil Exploration & Prod. Co.
  969 F.2d 1559· 5th Cir.· 1992-07-08 ·cited 4×
  The court held that the district court did not err in granting summary judgment because the plaintiff failed to present admissible evidence creating a genuine issue of material fact regarding the manufacturer of the defective part, nor did it abuse its discretion in denying a con
• Bank ONE Tex., N.A. v. A.J. Warehouse, Inc.
  968 F.2d 94· 1st Cir.· 1992-06-30 ·cited 4×
  The court held that the plain language of the credit agreement clearly granted Bank One the right to sue for past-due amounts, and that the Companies' interpretation of section 14.2 was unsupported, thus summary judgment was appropriate. The court also held that discovery was pro
• Triax-Pacific v. Michael P.W. Stone
  958 F.2d 351· Fed. Cir.· 1992-03-10 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court held that the contractor could not recover additional costs for a delay caused by its own prior contract performance, as the Suspension of Work clause barred recovery when the delay was due to the contractor's fault.
• Richmond v. United States
  945 F.2d 765· 4th Cir.· 1991-09-19 ·cited 4×
  The court held that the Quiet Title Act's statute of limitations barred the railroad's action to quiet title because the railroad had actual notice of the government's interest in restricting land use since 1938.
• Rodabaugh v. Sullivan
  943 F.2d 855· 8th Cir.· 1991-09-03 ·cited 4×·via De Novo Review Of Legal Conclusions
  A temporary restraining order (TRO) is insufficient to establish prevailing party status for attorney's fees under the Equal Access to Justice Act (EAJA) if the district court lacked jurisdiction to issue the TRO due to failure to exhaust administrative remedies.
• United States v. LEE
  943 F.2d 366· 4th Cir.· 1991-08-14 ·cited 4×
  The court held that a magistrate judge assisting a trial judge by asking prepared voir dire questions in the judge's presence does not constitute reversible error, nor was the defendant's counsel ineffective.
• Multnomah Legal Servs. Workers Union v. Legal Servs. Corp.
  936 F.2d 1547· 9th Cir.· 1991-06-25 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court should hold that LSC's statutory or contractual right to inspect personnel files is subject to a reasonableness requirement, considering the purpose of ensuring grant compliance and employee privacy.
• Miles v. Kohli & Kaliher Assocs., Ltd.
  917 F.2d 235· 6th Cir.· 1990-10-22 ·cited 4×
  The court held that summary judgment for USS and American Culvert on strict liability claims based on inadequate warning was improper due to a change in Ohio law, and that genuine issues of material fact existed regarding negligence claims for failure to warn or instruct.
• In re Sutton v. Bank One
  904 F.2d 327· 5th Cir.· 1990-07-03 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court held that the bankruptcy court's findings of no equity and unlikely reorganization were not clearly erroneous, thus affirming the lifting of the automatic stay.
• Unit Trainship, Inc. v. SOO Line R.R. Co.
  905 F.2d 160· 7th Cir.· 1990-06-15 ·cited 4×
  The court held that the Soo Line did not assume the plaintiff's claim because the breach of contract occurred before the Milwaukee Road filed for reorganization, and the Asset Purchase Agreement excluded such pre-reorganization claims.
• United States v. W. Elec. Co., Inc.
  907 F.2d 160· D.C. Cir.· 1990-06-12 ·cited 4×
  The court held that Bell Atlantic's proposed gateway service, which involves transmitting calls across LATA boundaries using leased interexchange lines bundled with other services, violates the consent decree's prohibition against providing interexchange telecommunications servic
• Shultz v. Dep't OF Army
  886 F.2d 1157· 9th Cir.· 1989-09-28 ·cited 4×
  The structures erected by the Army were sufficient to put a reasonable landowner on notice of a government claim to control access to the roadway.
• Sanders v. Dorris
  873 F.2d 938· 6th Cir.· 1989-05-01 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court held that the district court erred in finding no evidence of racial identification and no racial steering, and that the defendant real estate agency could be held liable for its agents' conduct.
• In re Poole v. Goldberg
  796 F.2d 318· 9th Cir.· 1986-08-08 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court held that the bankruptcy court's order subordinating claims for repurchased shares was improperly reversed by the district court, and that the determination of solvency at the time of payment is crucial for subordination.
• Rutherford v. Pitchess
  710 F.2d 572· 9th Cir.· 1983-07-14 ·cited 4×·via De Novo Review Of Legal Conclusions
  The court should reverse the district court's order because the Supreme Court's holding in Bell v. Wolfish controls this case regarding prisoner observation of cell searches.
• United States v. Daniels
  97 F.4th 800· 11th Cir.· 2024-03-29 ·cited 3×·via De Novo Review Of Legal Conclusions
  The Eleventh Circuit affirmed the district court's evidentiary rulings, finding no abuse of discretion in excluding defense expert testimony on eyewitness identification and admitting the victim's out-of-court identification.
• Lisette Lee Taylor v. State
  363 So. 3d 126· Fla. 1st DCA· 2023-06-14 ·cited 3×
  The appellate court affirmed a conviction for aggravated manslaughter of a child by culpable negligence. The court found sufficient evidence that the mother's meth use and subsequent impairment, combined with bed-sharing with her infant, constituted culpable negligence that cause
• Meisman v. Alvaro "al" Hernandez
  353 So. 3d 669· Fla. 2d DCA· 2022-11-04 ·cited 3×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a trial court's decision to disqualify a candidate from a school board election. The court found that the candidate had taken sufficient steps to establish legal residency in the district, even though his new home was undergoing renovations.
• Heritage Prop. & Cas. Ins. Co. v. Veranda I at Heritage Links Ass'n, Inc.
  334 So. 3d 373· Fla. 2d DCA· 2022-02-25 ·cited 3×
  The appellate court reversed an order compelling an insurance appraisal, holding that an appraisal cannot be ordered for a claim that the insurer has wholly denied. The case clarifies that when an insurer denies coverage for a supplemental claim, that denial is a coverage issue f
• Whittaker v. Whittaker
  331 So. 3d 719· Fla. 4th DCA· 2021-11-17 ·cited 3×·via De Novo Review Of Legal Conclusions
  A trial court must include all marital assets and liabilities in equitable distribution; alimony must be calculated based on net rather than gross income with clear findings; and attorney's fees awards cannot rely on sporadic family gifts without evidence of continuing future gif
• State v. Downs
  333 So. 3d 245· Fla. 5th DCA· 2021-11-12 ·cited 3×·via De Novo Review Of Legal Conclusions
  When a postconviction court grants relief for ineffective assistance of counsel without making factual findings or legal conclusions, the appellate court must reverse and remand for the trial court to make sufficient findings and conclusions under the two-pronged Strickland analy