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

• Senthooran Murugan v. U.S. Attorney General
  10 F.4th 1185· 11th Cir.· 2021-08-24 ·cited 3×·via De Novo Review Of Legal Conclusions
  Senthooran Murugan, a Tamil citizen of Sri Lanka, sought asylum in the United States after fleeing his country in 2017, claiming past persecution and a well-founded fear of future persecution based on his ethnicity and imputed political opinion. The Eleventh Circuit affirmed the
• United States v. Matthews
  3 F.4th 1286· 11th Cir.· 2021-07-06 ·cited 3×·via De Novo Review Of Legal Conclusions
  The Eleventh Circuit affirmed the defendant's sentence, holding that the district court did not err in applying sentencing enhancements for a firearm capable of accepting a large capacity magazine and for a prior conviction of a crime of violence.
• Rivercrest Cmty. Assoc., Inc. v. Am. Homes 4 Rent Props. ONE
  298 So. 3d 106· Fla. 2d DCA· 2020-06-03 ·cited 3×·via De Novo Review Of Legal Conclusions
  The appellate court reviewed a homeowners' association's appeal concerning the validity of a new declaration of covenants that imposed stricter leasing restrictions. The court found it lacked jurisdiction to review the denial of summary judgment but reversed the permanent injunct
• Mapei Corp. & Se. Printing Co., Inc. v. J.M. Field Mktg., Inc.
  295 So. 3d 1193· Fla. 4th DCA· 2020-05-13 ·cited 3×·via De Novo Review Of Legal Conclusions
  JM Field Marketing sued Mapei Corporation and Southeastern Printing Company for misappropriating its proprietary All In View (AIV) software system in violation of trade secret law and a confidentiality agreement. The circuit court granted a temporary injunction preventing further
• Channell v. State
  257 So. 3d 1228· Fla. 1st DCA· 2018-11-30 ·cited 3×·via De Novo Review Of Legal Conclusions
  The trial court properly denied the motion to suppress because the officers had reasonable suspicion to detain Channell based on his unprovoked flight in a high crime area combined with additional factors, and the warrantless protective sweep of the hotel room was justified by re
• Carlson v. State
  227 So. 3d 1261· Fla. 1st DCA· 2017-09-29 ·cited 3×
  Richard Carlson, a Xerox manager, challenged the Florida Department of Revenue's contract award to Systems and Methods, Inc. (SMI) in a child-support program procurement, alleging violations of Florida's Government in the Sunshine Law. The First District Court of Appeal affirmed
• Goodwin v. Fla. Dep't OF Child. & Families & Donna Ansley
  194 So. 3d 1042· Fla. 1st DCA· 2016-04-04 ·cited 3×·via De Novo Review Of Legal Conclusions
  Gabrielle Goodwin appeals the Florida Department of Children and Families' calculation of her Medicaid co-payment for nursing home care, arguing that federal law required DCF to deduct all of her unpaid pre-eligibility nursing home expenses from her patient responsibility amount.
• Morton v. Attorneys' Title Ins. Fund, Inc.
  32 So. 3d 68· Fla. 2d DCA· 2009-07-10 ·cited 3×
  Buyers purchased property with title insurance but later discovered a recorded maintenance easement that prevented development. The court reversed summary judgment for the title insurer and sellers, holding that a title insurer cannot rely on the survey exception to avoid liabili
• Lieble v. State
  933 So. 2d 119· Fla. 5th DCA· 2006-06-02 ·cited 3×
  Lieble, a registered sex offender, appeals his conviction for failure to register in Florida, arguing the three-year statute of limitations barred prosecution. The court affirms, holding that failure to register as a sex offender is a continuing offense under Florida law, meaning
• Tarafa v. Takach
  934 So. 2d 524· Fla. 3d DCA· 2005-12-14 ·cited 3×
  This case concerns the interpretation of an alimony termination clause and attorney's fees provision in a 1991 divorce settlement. The court affirmed summary judgment finding that the defendant's cohabitation with a second cousin did not trigger the alimony termination clause (wh
• Prestige Protective Corp. v. Burns Int'l Sec. Servs. Corp.
  776 So. 2d 311· Fla. 4th DCA· 2001-01-03 ·cited 3×
  Prestige Protective Corporation challenges a trial court order compelling arbitration of a dispute with Burns International Security Services Corp. over payment calculations under a promissory note. The Florida Fourth District Court of Appeal affirmed, holding that the note's alt
• Gass v. Friedman (In re Martec Corp.)
  S.D. Fla.· 1994-06-02 ·cited 3×·via De Novo Review Of Legal Conclusions
  The court affirmed the bankruptcy court's judgment regarding preferential and fraudulent transfers of property but vacated and remanded the judgment against the garnishee bank because a third party claimed ownership of the garnished accounts and was entitled to a jury trial.
• Miner v. City OF Glens Falls
  999 F.2d 655· 2d Cir.· 1993-07-26 ·cited 3×
  The court held that while the district court improperly shifted the burden of proving causation, the plaintiff was entitled to a judgment as a matter of law on causation because he presented sufficient evidence at the summary judgment stage, and thus the damages award is affirmed
• Artemio Ugalde v. W.A. McKENZIE Asphalt Co.
  990 F.2d 239· 5th Cir.· 1993-05-12 ·cited 3×
  The court held that the employee failed to present a genuine issue of material fact for either his constructive discharge claim under Title VII or his intentional infliction of emotional distress claim.
• United States v. ONE Afghan Urial Ovis Orientals Blanfordi Fully Mounted Sheep
  964 F.2d 474· 5th Cir.· 1992-06-30 ·cited 3×
  The court held that the respondent sheep was subject to forfeiture under the Lacey Act because its importation into the United States violated Pakistani law, specifically the Imports and Exports Act, and a provincial export permit did not override this national prohibition.
• Colony Creek, Ltd. v. Resolution Tr. Corp.
  941 F.2d 1323· 5th Cir.· 1991-09-19 ·cited 3×
  The court held that the RTC proved all elements for enforcing the promissory note and that the note was not usurious, affirming the grant of summary judgment.
• Bouchard v. Citizens Prop. Ins. Corp.
  406 So. 3d 311· Fla. 3d DCA· 2025-02-19 ·cited 2×
  Thomas Bouchard appealed a summary judgment dismissing his insurance claim against Citizens Property Insurance Corporation for failing to timely report damage from Tropical Storm Eta. The court affirmed, holding that Bouchard's notice was untimely (over 13 months after discoverin
• Rosales-Mendez v. U.S. Attorney General
  104 F.4th 1271· 11th Cir.· 2024-06-20 ·cited 2×·via De Novo Review Of Legal Conclusions
  The court held that an alien who provides an erroneous address and fails to correct it forfeits their right to notice of removal proceedings, excusing the government from providing such notice.
• Beaches MRI v. Safeco Ins. Co. of Ill.
  386 So. 3d 965· Fla. 4th DCA· 2024-06-05 ·cited 2×
  Beaches MRI appeals a summary judgment granted in favor of Safeco Insurance. The Fourth District reversed because Safeco violated Florida Rule of Civil Procedure 1.510(b) by filing its motion and supporting evidence fewer than 40 days before the hearing, and the trial court erred
• Progressive Am. Ins. Co. v. Chiropractic Clinics of S. Fla., PL
  387 So. 3d 1262· Fla. 3d DCA· 2024-05-22 ·cited 2×
  Progressive American Insurance Company appeals a trial court order denying its motion for attorney's fees and costs after obtaining judgment. The Florida District Court of Appeal affirmed the denial of attorney's fees but reversed the denial of costs, holding that section 57.041
• Loanflight Lending, LLC v. Bankrate, LLC
  378 So. 3d 1280· Fla. 2d DCA· 2024-02-07 ·cited 2×
  The appellate court reversed a trial court's dismissal of a lawsuit, finding that the trial court should have held an evidentiary hearing to resolve disputed facts about the existence of a contract containing a forum selection clause. The case highlights the importance of contrac
• Gillis v. Jackson Shores Town Homes Ass'n, Inc.
  351 So. 3d 668· Fla. 2d DCA· 2022-12-02 ·cited 2×
  The appellate court reversed a lower court's decision, finding that a homeowners association improperly fined a member. The court held that the association failed to follow proper notice and hearing procedures required by its own rules and state law before imposing the fine.
• Jean v. Bayview Loan Servicing, LLC
  352 So. 3d 908· Fla. 3d DCA· 2022-11-30 ·cited 2×·via De Novo Review Of Legal Conclusions
• U.S. Bank Nat'l Ass'n for the C-Bass Mortg. Loan Asset-Backed v. Iftikhar Qadir
  342 So. 3d 855· Fla. 1st DCA· 2022-07-20 ·cited 2×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a trial court's decision that barred a mortgage foreclosure based on the "unclean hands" doctrine and awarded an incorrect amount. The court found no evidence that the bank acted unscrupulously or that the borrowers relied on any alleged misconduct to
• Joseph Spine, P. A. v. Moulton
  346 So. 3d 154· Fla. 2d DCA· 2022-06-29 ·cited 2×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
• Larry and Ellen Vickery v. City of Pensacola
  342 So. 3d 249· Fla. 1st DCA· 2022-02-16 ·cited 2×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a lower court's denial of a motion to dissolve a temporary injunction. The court held that a state statute, which allows homeowners to remove dangerous trees with documentation from a certified arborist, preempts local ordinances requiring permits for
• State v. Waylon Andrew Kahl
  333 So. 3d 809· Fla. 1st DCA· 2022-02-16 ·cited 2×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a downward departure sentence, finding that the trial court improperly based the departure on generalized concerns about COVID-19 and the perceived "minimal nature" of the felony petit theft. The court held that these reasons did not constitute valid
• State v. Kunkemoeller
  333 So. 3d 335· Fla. 1st DCA· 2021-11-03 ·cited 2×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a downward departure sentence imposed on Steven Kunkemoeller, finding that the trial court's justifications were either legally insufficient or unsupported by the record. The court clarified that statutory and non-statutory grounds for departure must
• Liferson Brevil v. State
  Fla. 4th DCA· 2021-08-11 ·cited 2×
  Liferson Brevil appeals convictions for sale of cocaine and heroin within 1,000 feet of a child care facility, challenging whether the facility's signage complied with Florida's statutory requirement to identify itself as a "licensed child care facility." The court reverses the t
• Cabrera v. State
  315 So. 3d 140· Fla. 1st DCA· 2021-03-26 ·cited 2×
  The appellate court affirmed the dismissal of a personal representative's petition challenging the Florida Agency for Health Care Administration's Medicaid lien amount. The court found that federal Medicaid law did not allow the deceased recipient's estate to contest the lien amo
• Heritage Prop. & Cas. Ins. Co. v. Superior Contracting & Env't Specialties, LLC
  314 So. 3d 743· Fla. 2d DCA· 2021-03-26 ·cited 2×
  The appellate court reversed a lower court's order compelling an insurance appraisal, finding that the assignee of the policyholder's rights had waived its right to appraisal by actively participating in litigation. This decision clarifies that engaging in extensive discovery and
• Cleo Brown v. State
  313 So. 3d 848· Fla. 2d DCA· 2021-01-29 ·cited 2×·via De Novo Review Of Legal Conclusions
  The appellate court reversed a conviction for drug possession, finding that the State failed to demonstrate the legality of the search that uncovered the evidence. While reasonable suspicion for an investigatory stop was established, the State did not prove probable cause for the
• Poultry & Indus. Suppliers, Inc. v. Incubacol
  313 So. 3d 719· Fla. 3d DCA· 2020-12-09 ·cited 2×·via De Novo Review Of Legal Conclusions
  A trial court must analyze the adequacy and availability of all proposed alternative forums before denying a motion to dismiss for forum non conveniens; failure to consider an alternative forum raised by the defendant constitutes an abuse of discretion.
• Shantel Kimberly Emmitt v. First Transit, Inc.
  300 So. 3d 225· Fla. 4th DCA· 2020-07-22 ·cited 2×·via De Novo Review Of Legal Conclusions
  The trial court properly excluded a medical record statement where the defendant failed to establish its admissibility under the correct hearsay exception at trial, and the defendant later took an inconsistent position by insisting the jury be told the fall was not caused by a jo
• Thurston McBride v. State
  252 So. 3d 389· Fla. 1st DCA· 2018-08-07 ·cited 2×·via De Novo Review Of Legal Conclusions
  Trial counsel was ineffective in failing to investigate and obtain the victim's school attendance records, which constituted deficient performance that prejudiced the defendant where the victim's credibility was the key issue and the records directly contradicted the victim's cla
• In re Northington v. Northington
  876 F.3d 1302· 11th Cir.· 2017-12-11 ·cited 2×·via De Novo Review Of Legal Conclusions
  The dissenting judge argues that a confirmed Chapter 13 bankruptcy plan has a preclusive and binding effect on creditors, who must object to confirmation and appeal any adverse rulings to escape its terms. The judge asserts that Title Max failed to object to the plan confirmation
• Ramos v. Ramos
  230 So. 3d 893· Fla. 4th DCA· 2017-11-29 ·cited 2×·via De Novo Review Of Legal Conclusions
  Gilbert Ramos appeals a dissolution of marriage judgment challenging the trial court's classification of his premarital vending machine business as marital property, its valuation of a coin collection at $36,000, and an order requiring him to obtain life insurance. The appellate
• Am. Home Assurance Co. v. D'Agostino
  211 So. 3d 63· Fla. 4th DCA· 2017-01-04 ·cited 2×
  American Home Assurance Company appealed a trial court's denial of its motion to tax attorney's fees and costs against the plaintiff pursuant to a proposal for settlement. The court reversed, holding that the proposal's use of "claims" instead of "damages" was not ambiguous and t
• Twilegar v. State
  175 So. 3d 242· Fla.· 2015-05-28 ·cited 2×·via De Novo Review Of Legal Conclusions
  Mark Twilegar appeals the denial of his motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirms, finding no ineffective assistance of counsel and rejecting Twilegar's public records claims.
• Agresta v. City OF Maitland
  159 So. 3d 876· Fla. 5th DCA· 2015-02-20 ·cited 2×·via De Novo Review Of Legal Conclusions
  A civil forfeiture of property under the Florida Contraband Forfeiture Act violates the Excessive Fines Clause of the Eighth Amendment when the value of the forfeited property is grossly disproportionate to the offenses and authorized penalties, even if the property qualifies as
• Hoa Vuong v. Fla. Dep't of Law Enf't
  149 So. 3d 174· Fla. 4th DCA· 2014-10-22 ·cited 2×·via De Novo Review Of Legal Conclusions
  The court held that the administrative law judge correctly rejected appellants' arguments that the Florida Administrative Code Rules governing the Florida Department of Law Enforcement’s approval and oversight of breath test instruments constitute an invalid exercise of delegated
• Retina-X Studios, LLC v. Advaa, LLC
  26 F. Supp. 270· M.D. Fla.· 2014-09-15 ·cited 2×·via De Novo Review Of Legal Conclusions
  The court adopted the magistrate judge's recommendation to grant Bitex's motion to intervene and ADVAA's motion to set aside default, finding the plaintiff's objections unpersuasive.
• Padron v. State
  143 So. 3d 1037· Fla. 3d DCA· 2014-07-23 ·cited 2×·via De Novo Review Of Legal Conclusions
  Elizabeth Padrón appealed a final order from the Florida Department of Environmental Protection (DEP) that approved Carl Ekblom's installation of a cradle boat lift without an Environmental Resource Permit (ERP). The court affirmed the DEP's determination that the boat lift satis
• Augustine Louis v. The Chrysalis Ctr., Inc.
  121 So. 3d 633· Fla. 4th DCA· 2013-08-28 ·cited 2×
  Louis, an employee of Chrysalis Center, reported sexual harassment by her supervisor and was subsequently terminated. The court reversed summary judgment for the employer, finding that circumstantial evidence of temporal proximity and pretextual justifications created material fa
• Davis Family DAY Care Home v. Dep't of Child. & Fam. Servs.
  117 So. 3d 464· Fla. 2d DCA· 2013-07-17 ·cited 2×·via De Novo Review Of Legal Conclusions
  Davis Family Day Care Home appeals DCF's denial of its large family child care home license application. The Second District reverses, holding that DCF erred in rejecting the ALJ's conclusion that disciplinary license denials require clear and convincing evidence rather than the
• J.S. v. C.M.
  135 So. 3d 312· Fla. 1st DCA· 2012-10-10 ·cited 2×·via De Novo Review Of Legal Conclusions
  J.S. challenged an Administrative Law Judge's denial of attorney's fees in a proceeding challenging an unadopted agency rule. The Florida First District Court of Appeal reversed, holding that section 120.595(4)(a) does not limit attorney's fees recovery to the original petitioner
• Rosamma Panjikaran v. State Farm Fla. Ins. Co.
  77 So. 3d 1278· Fla. 2d DCA· 2012-02-01 ·cited 2×
  Summary judgment was premature because material questions of fact remain regarding whether the parties dispute the amount of loss or a denial of coverage.
• C.R. v. State
  73 So. 3d 825· Fla. 4th DCA· 2011-10-26 ·cited 2×
  C.R., a juvenile, appealed his conviction for possession of a weapon on school property after bringing a folding knife to middle school. The court reversed, holding that the knife qualified as a common pocketknife exempt from the statutory definition of weapon.
• Schwartz v. The Guardian Life Ins. Co. OF Am.
  73 So. 3d 798· Fla. 4th DCA· 2011-10-05 ·cited 2×
  Odette Schwartz appeals the grant of summary judgment in favor of Guardian Life Insurance Company regarding a disputed life insurance policy worth $1 million originally owned and insured by Odette on her ex-husband Roy's life. The court reversed the summary judgment, finding mate
• Scarfone v. P.c.-Plantation, LLLP
  59 So. 3d 371· Fla. 4th DCA· 2011-05-04 ·cited 2×
  Purchasers of condominium units in a pre-construction development sued the developer for converting the project into a luxury rental community without notice, alleging violation of Florida's condominium statute requiring disclosure of material changes to an offering. The court re