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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374 So. 3d 880·
Fla. 1st DCA·
2023-11-01
·cited 1×
The appellate court reversed an order granting attorneys' fees and costs to a landlord. The court found that the landlord's settlement proposal was invalid because it did not state that it resolved all damages in the action, as required by Florida Rule of Civil Procedure 1.442.
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A final judgment of foreclosure and sanctions imposed for failure to attend a deposition are reviewed for abuse of discretion and are affirmed when supported by the record.
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The appellate court reversed an order by the Department of Children and Families that revoked a foster home license. The court found the Department failed to follow proper administrative procedures when it rejected the Administrative Law Judge's findings and modified the recommen
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368 So. 3d 980·
Fla. 4th DCA·
2023-07-19
·cited 1×
The appellate court reversed a grant of summary judgment for the purchaser, holding that a tenant with a right of first refusal (ROFR) was not required to prove they were ready, willing, and able to purchase a unit when the landlord and purchaser failed to disclose the sale price
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The appellate court reversed a delinquency adjudication for firearm offenses, finding that the trial court erred in denying the defendant's motion to suppress. The court held that the officers lacked reasonable suspicion to conduct a pat-down search for weapons.
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353 So. 3d 1257·
Fla. 2d DCA·
2023-01-13
·cited 1×
The appellate court affirmed the trial court's sentencing of Shaun Jai Mercado, finding no evidence that the judge considered impermissible post-plea misconduct when imposing sentences. The court held that even if such factors were considered, the error was harmless given the len
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355 So. 3d 493·
Fla. 2d DCA·
2023-01-13
·cited 1×
The appellate court reversed a lower court's decision that the entire 1,124-acre development of regional impact (DRI) was the "relevant parcel" for a takings claim. The court held that the 10.32-acre parcel owned by Lake Lincoln was the correct relevant parcel, allowing the takin
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359 So. 3d 1202·
Fla. 2d DCA·
2022-11-18
·cited 1×
This case addresses whether a "responsible party" who signs a nursing home admission agreement can bind the resident to an arbitration clause. The court held that without signing in the capacity of a power of attorney, the arbitration clause is not enforceable, reversing the lowe
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A defendant's motion to dismiss based on Stand Your Ground immunity must specifically allege facts establishing a prima facie claim of justifiable use of force, including that the defendant faced an imminent threat of unlawful force. Conclusory allegations and allegations that do
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346 So. 3d 744·
Fla. 2d DCA·
2022-09-23
·cited 1×
Maria Martinez appeals the dismissal of her medical malpractice complaint against Dr. Perez Ortiz and Perez Eye Center for failing to comply with Florida's presuit requirements. The trial court dismissed the complaint with prejudice, finding that Martinez's expert, Dr. Hamburger,
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The appellate court reversed an agency's denial of benefits for an individual with disabilities, finding that the agency improperly applied a "validation" requirement to out-of-state documentation, thereby excluding potentially credible evidence. This decision clarifies that admi
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343 So. 3d 632·
Fla. 2d DCA·
2022-07-08
·cited 1×
The appellate court reversed a trial court's grant of summary judgment, holding that the Oaks Club Corporation could not amend its bylaws to require new club memberships for additional property purchases. The court found that such a change, which altered a requirement originally
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A licensee's reassignment of zip codes within a dealer's primary area of responsibility does not constitute a franchise modification under the Florida Motor Vehicle Dealer Act when the franchise agreement does not designate specific territories or zip codes but instead grants the
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The trial court properly found that the sellers made fraudulent misrepresentations in the 2008 balance sheet attached to the purchase agreements, specifically regarding non-existent assets totaling approximately $4.2 million, and that the buyer relied upon these misrepresentation
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331 So. 3d 857·
Fla. 2d DCA·
2021-12-17
·cited 1×
This case involves a negligence action where a business invitee, Jack Conrad, slipped and fell due to a divot in a seawall at The Boat House. The appellate court reversed the trial court's grant of summary judgment, finding that genuine issues of material fact remain regarding th
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331 So. 3d 199·
Fla. 4th DCA·
2021-12-01
·cited 1×
American Coastal Insurance Company appeals a trial court order compelling appraisal in a property damage claim arising from a 2015 hailstorm. The court must determine whether appraisal was prematurely granted when the insurer wholly denied coverage based on the insured's breach o
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Trial counsel's advice not to testify was a reasonable strategic decision made after thoughtful consideration and did not constitute ineffective assistance. Counsel's failure to present cellphone records, call a forensic analyst, or impeach the victim with prior inconsistent stat
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The appellate court affirmed a trial court's order granting a temporary injunction against the collection of school impact fees. The court found that the appellees demonstrated a substantial likelihood of success on the merits and a likelihood of irreparable harm, which are neces
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The appellate court reversed the denial of a motion for postconviction relief, finding that trial counsel's performance was ineffective. The court determined that counsel failed to adequately investigate an alibi witness, impeach a detective, and move to suppress a suggestive sho
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A petition to confirm an appraisal award is not a permissible pleading under Florida law because no statute or rule specifically authorizes it; the proper procedure requires filing a complaint alleging a viable cause of action against the insurer.
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The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
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This case involves a dispute over a final payment for goods sold and installed. The appellate court affirmed the trial court's judgment, finding that the buyer, who elected to keep the goods and perform the installation itself after the seller's breach, could not then use the sel
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The appellate court affirmed the denial of a postconviction relief motion. The court held that defense counsel was not ineffective for failing to object to the prosecutor's comments on a partially inaudible video recording during closing arguments, as such comments are permissibl
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299 So. 3d 542·
Fla. 5th DCA·
2020-06-11
·cited 1×
The State appealed the trial court's dismissal of drug trafficking charges against Ayinde Paul under Florida Rule of Criminal Procedure 3.190(c)(4). The court had found insufficient evidence of knowledge for constructive possession; the appellate court reversed, holding that know
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The appellate court reversed a trial court's decision that a member forfeited his ownership interest in an LLC due to theft of company funds. The court found that neither the Florida Limited Liability Company Act nor the company's operating agreement provided for forfeiture of sh
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294 So. 3d 341·
Fla. 4th DCA·
2020-03-25
·cited 1×
A borrower's cease-and-desist letter demanding that a lender cease all communication constitutes a clear expression that the borrower will not cooperate in a required face-to-face interview, thereby excusing the lender from conducting such interview as a condition precedent to fo
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The appellate court reversed a final order that compelled a minor to fully pay a Medicaid lien on her settlement. The court found that the administrative law judge rejected unrebutted expert testimony regarding the lien's reduction without a reasonable basis.
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The appellate court affirmed the denial of Omar Santiago's motion for postconviction relief. Santiago, convicted of first-degree murder, argued ineffective assistance of counsel on multiple grounds, but the court found his claims lacked merit and were either refuted by the record
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A temporary injunction compelling readmission to a private school must be supported by clear, definite, and unequivocally sufficient factual findings addressing all four elements of the test: substantial likelihood of success on the merits, lack of adequate remedy at law, irrepar
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273 So. 3d 3·
Fla. 4th DCA·
2019-05-01
·cited 1×
Appellants challenged a foreclosure judgment, arguing the lender failed to provide adequate notice of default as required by the mortgage. The trial court admitted evidence of a notice letter through witness testimony, but the court reversed, finding the evidence insufficient und
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270 So. 3d 426·
Fla. 4th DCA·
2019-05-01
·cited 1×
# LEGAL BRIEF
**Johansson v. Johansson (Putt), 2017 IL App (1st) 142931:** A 16-year-old defendant convicted of first-degree murder and sentenced to 50 years as an adult appeals the constitutionality of his sentence under the Eighth Amendment and Illinois's proportionate penalti
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275 So. 3d 684·
Fla. 3d DCA·
2019-04-17
·cited 1×
An insured cannot compel appraisal under an insurance policy when the insured has failed to comply with the policy's post-loss conditions, including submission of a sworn proof of loss with supporting documentation.
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A public official employed by a public institution is absolutely immune from defamation liability for statements made within the scope of employment duties, particularly when the statements are compelled by the employer as a condition of employment during an administrative invest
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264 So. 3d 345·
Fla. 2d DCA·
2019-02-08
·cited 1×
Verizon appealed a trial court order denying its motion to compel arbitration of consumer debt collection claims brought by Christopher Bateman after his bankruptcy discharge. The court affirmed the denial, holding that Bateman's statutory claims under the Florida Consumer Collec
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Fla. 1st DCA·
2018-11-30
·cited 1×
An account stated cause of action is a separately enforceable legal agreement distinct from the underlying credit contract, and therefore when a creditor elects to sue under account stated rather than breach of contract, the prevailing debtor is not entitled to reciprocal attorne
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A trial court must rule on a motion for substitution of parties before substituting a successor-in-interest as plaintiff; sua sponte substitution violates Florida Rule of Civil Procedure 1.260(c), and a successor-in-interest may continue an action on behalf of the original plaint
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250 So. 3d 91·
Fla. 4th DCA·
2018-06-06
·cited 1×
A tobacco settlement signatory that posts a sufficient supersedeas bond pursuant to § 569.23(3)(a)1 is entitled to an automatic stay of execution of Engle-related judgments during the pendency of all appeals or discretionary appellate reviews in Florida courts. The trial court er
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253 So. 3d 49·
Fla. 3d DCA·
2017-11-29
·cited 1×
In this legal malpractice case, Vasallo sued the Dolan Defendants for negligently allowing the statute of limitations to expire on his personal injury claim in Puerto Rico. The appellate court affirmed summary judgment for the Dolan Defendants, holding that Mr. Dolan's letters to
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237 So. 3d 405·
Fla. 4th DCA·
2017-11-15
·cited 1×
The court held that the movement of the victims, though not extensive, was not slight, inconsequential, or merely incidental to the sexual battery, and thus constituted kidnapping under Florida law.
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The court held that the trial court did not abuse its discretion in certifying the main class but did abuse its discretion in certifying the subclass due to a lack of numerosity evidence.
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206 So. 3d 64·
Fla. 4th DCA·
2016-12-21
·cited 1×
Patterson, a Prison Releasee Offender (PRR) convicted of aggravated battery while serving a separate sentence, appealed a consecutive sentence imposed by the trial court. The Florida appellate court held that the PRR statute does not mandate consecutive sentencing and that the tr
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200 So. 3d 187·
Fla. 2d DCA·
2016-07-08
·cited 1×
Le Scampi Condominium Association sued unit owners for leasing their unit without approval and for less than one month, violating the Association's Rules and Regulations. The trial court held those rules unenforceable as conflicting with the Declarations of Condominium, but the a
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178 So. 3d 448·
Fla. 3d DCA·
2015-10-14
·cited 1×
An insurer is not obligated to pay PIP or Med-Pay benefits when the insured fails to comply with statutory notice requirements, specifically by not submitting bills on the required forms.
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146 So. 3d 530·
Fla. 1st DCA·
2014-09-11
·cited 1×
The court held that the Judge of Compensation Claims erred in granting summary final order based on the two-dismissal rule because the claimant's third petition for benefits alleged a new condition and a different effective date, thus presenting different facts and evidence.
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The State appealed a suppression order after the trial court granted the defendant's motion to suppress statements and evidence obtained during a police investigatory stop at a casino. The appellate court reversed, holding that a security guard's tip that the defendant was snorti
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123 So. 3d 1185·
Fla. 4th DCA·
2013-10-23
·cited 1×
The Fourth District Court of Appeal reversed the trial court's denial of defendants' motion to transfer venue from Broward County to Miami-Dade County in a breach of contract case involving a law firm's claim for unpaid legal services. The court held that the defendants' affidavi
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116 So. 3d 641·
Fla. 5th DCA·
2013-07-05
·cited 1×
Rosenberg appeals from a judgment awarding attorney's fees to MetroWest Master Association, arguing he was not a 'member' of the Master Association and thus not liable for fees under Florida's homeowners' association statute. The Fifth DCA affirmed, holding that Rosenberg qualifi
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70 So. 3d 758·
Fla. 4th DCA·
2011-10-05
·cited 1×
Andrea Steffens appealed a probate court order determining that she waived all beneficial rights under her deceased husband's will by executing a Post-Nuptial Agreement. The court affirmed, holding that the agreement's broad language waiving all rights in the other party's proper
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An insolvent taxpayer's irrevocable election to waive a Net Operating Loss (NOL) carry-back within one year of filing for bankruptcy can be avoided as a fraudulent transfer under 11 U.S.C. § 548.
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932 So. 2d 416·
Fla. 2d DCA·
2006-04-21
·cited 1×
Health Options, Inc. appeals a summary judgment in favor of Betty A. Kabeller, who sought reimbursement for experimental TheraSphere radiation treatment for metastatic carcinoid cancer. The court reverses, finding the trial court erroneously relied on a violation of Florida's HMO