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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33 So. 3d 48·
Fla. 4th DCA·
2009-12-02
·cited 2×
The Florida Insurance Guaranty Association (FIGA) appealed a trial court order denying its motion to compel appraisal of property damage claimed by Devon Neighborhood Association after Hurricane Wilma. The court held that FIGA waived its right to compel appraisal by failing to pr
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22 So. 3d 837·
Fla. 4th DCA·
2009-11-25
·cited 2×
The court held that the factual allegations were insufficient to establish self-dealing, which is required to overcome directors' statutory immunity.
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The bankruptcy court abused its discretion in approving a compromise because the purported general partners lacked the legal authority under the partnership agreement and Florida law to encumber partnership property for the benefit of individual creditors.
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William Kelley, convicted and sentenced to death in 1984 for a 1966 murder, appealed the trial court's denial of his successive postconviction motion under Rule 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial, holding
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The court held that the bankruptcy court did not abuse its discretion by denying an evidentiary hearing, as the appellants failed to demonstrate disputed material facts and the bankruptcy court provided sufficient notice and opportunity to be heard. However, the case is remanded
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Merrit Sims appealed the denial of his postconviction motion challenging his death sentence for killing a police officer. The Florida Supreme Court reversed and remanded for a new trial, finding that defense counsel was ineffective for failing to challenge canine-alert evidence t
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The Eleventh Circuit reversed a district court's preliminary injunction against the Tampa Sports Authority's pat-down search policy at Raymond James Stadium, holding that a season ticket holder voluntarily consented to the searches through his knowledge of the policy, multiple op
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Jeanne Hoffman appealed the Department of Management Services' denial of her request for retroactive retirement benefits following her husband's death in 1996. The court affirmed the Department's decision, holding that the Division's notification letters were sufficiently clear u
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The court held that the debtors' federal income tax liabilities were not dischargeable because they willfully attempted to evade or defeat such taxes, as supported by their actions and financial conduct.
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861 So. 2d 1224·
Fla. 2d DCA·
2003-12-12
·cited 2×
A party cannot limit a trial de novo following nonbinding arbitration to only the issue of liability when the claim involves both liability and damages.
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801 So. 2d 961·
Fla. 5th DCA·
2001-11-09
·cited 2×
Bostwick challenged a tax deed sale that resulted in loss of his property interest. The appellate court affirmed the quiet title judgment, rejecting Bostwick's arguments that the tax deed was invalid due to inadequate notice and defects in the tax collector's statement.
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The court held that the bankruptcy court's adoption of a rebuttable presumption standard for awarding attorneys' fees under 11 U.S.C. § 303(i)(1) was appropriate, and that the petitioning creditors had met their burden to show fees were not warranted.
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The court affirmed the bankruptcy court's order, holding that the funds in the trust account were not property of the debtor's estate because the debtor did not have control over them.
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A debtor's failure to pay taxes, even with awareness and ability to pay, does not constitute willful evasion under 11 U.S.C. § 523(a)(1)(C) if no additional evidence of evasion is presented.
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The Bankruptcy Court abused its discretion by disallowing the IRS's tax claims without providing proper notice and an opportunity for a hearing.
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A chapter 7 debtor lacks standing to object to a creditor's claim when a trustee has been appointed and no surplus will exist after distribution to creditors.
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The court held that the bankruptcy court abused its discretion by failing to apply the correct legal standard and making clearly erroneous factual findings regarding the reimbursement of expenses.
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988 F.2d 1157·
Fed. Cir.·
1993-03-09
·cited 2×
The court held that the district court erred in dismissing the cross-complaint for laches under Rule 12(b)(6) because the delay was not demonstrably unreasonable or unexcused, and prejudice was not sufficiently established on the pleadings.
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The court held that 'price later' grain contracts, where the price is not fixed until the seller demands payment or a year passes, are not considered 'payable on demand' for purposes of installment sale treatment under 26 U.S.C. § 453.
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The court held that the district court did not err in calculating lost profits for an established business and properly applied the UCC § 2.708(b) measure of damages when the buyer's breach caused the seller's inability to mitigate.
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The court held that the district court did not abuse its discretion in dissolving the preliminary injunction based on the plaintiff's misrepresentations, and that pendent appellate jurisdiction did not extend to reviewing the summary judgment ruling.
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The court held that the bankruptcy court did not err in admitting evidence of the debtor's ownership in American Container, nor in denying his discharge based on a false oath.
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The court held that attempted burglary qualifies as a crime of violence under U.S.S.G. § 4B1.2 for career offender enhancement purposes, based on application note 1.
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960 F.2d 567·
5th Cir.·
1992-05-15
·cited 2×
Ownership of a peanut allotment passes with the foreclosure of the entire parcel of land upon which the allotment is in effect, and an oral reservation of ownership is insufficient without the bank's agreement.
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The court held that the Corps' demand for strict compliance and removal of waterstop, despite its substantial adequacy and the economic waste involved, was arbitrary and capricious, entitling the contractor to damages.
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The court held that the district court's judgment was final and appealable, and that the plaintiff was a responsible person who willfully failed to pay withholding taxes, and that Ohio law barred contribution claims for breach of trust.
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A debtor's failure to attend a reaffirmation hearing does not invalidate an otherwise enforceable reaffirmation agreement if the debtor was represented by counsel and had notice of the hearing.
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The court held that the district court erred in granting summary judgment for Coors, finding that a material issue of fact exists regarding whether the prohibition on disclosing alcohol content directly advances the government's interest in preventing 'strength wars'.
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The court held that border patrol agents had reasonable suspicion to stop the defendant's vehicle and that the subsequent search of his wallet was lawful, even though based in part on erroneous information, due to the good faith exception and the defendant's actions.
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936 F.2d 839·
5th Cir.·
1991-07-30
·cited 2×
A maritime worker's status as a ship repairer or shipbuilder, as defined by the Longshore and Harbor Workers' Compensation Act (LHWCA), precludes claims under the Jones Act and general maritime law, limiting recovery to LHWCA compensation benefits.
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A loss incurred from the sale of a house purchased as part of an employment contract is a capital loss, not an ordinary business expense, because the house was not used in the taxpayer's trade or business after its acquisition.
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The court held that an employer's failure to take good faith steps to verify employee work authorization after receiving specific notice of invalid documents constitutes a knowing continuation of employing unauthorized aliens under IRCA.
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921 F.2d 246·
9th Cir.·
1990-12-26
·cited 2×
The court held that pension payments received by a recipient of Supplemental Security Income (SSI) constitute 'income' under federal law, even if characterized as community property, and can lead to ineligibility for SSI benefits if they exceed statutory limits.
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The court held that Federal Data Corporation lacked the requisite "interested party" status to protest the agency's proposed remedy because it had withdrawn from the procurement, thereby relinquishing any direct economic interest in the contract award.
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111 B.R. 1007·
S.D. Fla.·
1990-03-16
·cited 2×
The Court held that Section 541(c)(1)(B) of the Bankruptcy Code applies to SIPA liquidation proceedings, invalidating the automatic termination clause of the fidelity bond, and that the bond was not an executory contract requiring assumption by the trustee.
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889 F.2d 1102·
Temp. Emer. Ct. App.·
1989-11-06
·cited 2×
The court held that summary judgment for the defendant was affirmed regarding the per-gallon discount but reversed regarding the early payment discount.
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The court held that the employer withdrew from the pension plan on January 1, 1983, not December 31, 1982, as determined by the arbitrator and affirmed by the district court.
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The court held that the appellant was not the prevailing party, and thus not entitled to attorney's fees under the EAJA, because the district court's remand terminated the litigation before a final judgment on the merits.
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The court held that litigation expenses incurred to recover amounts due under a specific government contract are direct costs allocable to that contract, not indirect costs allocable to other contracts, absent a showing of substantial benefit to those other contracts or establish
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The court held that the SEC's position was not substantially justified and no special circumstances warranted denial of attorney's fees under the EAJA.
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48 B.R. 288·
S.D. Fla.·
1984-12-05
·cited 2×
The court held that the bankruptcy court did not err in determining the creditor's claim amount and dismissing the Chapter 11 proceedings.
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Fla. 6th DCA·
2026-04-10
·cited 1×
Trial counsel's advice not to accept a renewed plea offer after mistrial constitutes ineffective assistance when counsel fails to explain that the defendant's entrapment defense had no likelihood of success on retrial, requiring an evidentiary hearing on that claim.
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An appellant in a small claims appeal cannot sustain a burden of establishing reversible error without providing either a trial transcript or an approved statement of evidence or proceedings as required by Florida Rule of Appellate Procedure 9.200(b)(5).
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A defendant seeking to transfer venue based on forum non conveniens bears the burden of proving substantial inconvenience or undue expense, and cannot meet this burden through unverified pleadings alone; the plaintiff's initial venue selection is presumptively correct and must be
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The trial court's ruling on the motion to suppress is affirmed.
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405 So. 3d 513·
Fla. 3d DCA·
2025-03-05
·cited 1×
Avery Cuff appeals the trial court's summary denial of his motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801. Cuff sought an additional 416 days of jail credit for the period between his initial arrest and bond release, claiming he received only
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Dismissal with prejudice for fraud on the court is an extraordinary remedy that requires clear and convincing proof that a party sentiently set in motion an unconscionable scheme calculated to interfere with the judicial system's ability to adjudicate impartially. Pro Choice's is
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Dismissal with prejudice was improper because the trial court's basis was unclear and the complaint could be amended to cure deficiencies, particularly regarding the 75% member approval condition precedent and allegations of improper debit card use that may constitute self-dealin
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Three property owners subject to compliance agreements demonstrated a substantial likelihood of success on equitable estoppel claims where the City's delay in issuing building permits rendered compliance functionally impossible, warranting a temporary injunction against demolitio
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In this appeal and cross-appeal, the Fourth District Court of Appeal reversed the trial court's decision to grant a new trial based on a finding of an inconsistent jury verdict. The court held that the jury's findings—that the plaintiff proved his deed rescission claim but that t