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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845 So. 2d 217·
Fla. 2d DCA·
2003-03-07
·cited 1×
Lisa Johnson appeals a partial summary judgment quieting title in favor of her mother-in-law Florence Johnson. The court reversed the summary judgment on Florence's fee simple ownership interest, finding genuine issues of material fact existed regarding whether Florence held the
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The court affirmed the bankruptcy court's denial of sanctions and bad faith findings but remanded for redetermination of attorney's fees due to ambiguity.
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The court held that the Bankruptcy Court's dismissal of the debtor's Chapter 11 proceeding was based on clearly erroneous findings of fact unsupported by the record and vacated the dismissal order.
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The court affirmed the bankruptcy court's dismissal of the Chapter 11 petition for bad faith filing and granted the appellant's motion to strike exhibits from the record.
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148 B.R. 966·
S.D. Fla.·
1992-12-31
·cited 1×
The court held that a public housing authority violates 11 U.S.C. § 525(a) by attempting to evict a tenant solely for non-payment of rent that is dischargeable in bankruptcy, as § 525(a) is more specific than § 365(b)(1)(A) and overrides its requirements.
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796 F. Supp. 496·
M.D. Fla.·
1992-04-07
·cited 1×
The court denied the plaintiffs' motion to vacate the arbitration award and granted the defendants' motions to confirm the award.
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The court affirmed the bankruptcy court's denial of the debtor's discharge, finding that the debtor fraudulently transferred property and made a material false oath by failing to disclose an automobile.
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The court affirmed the bankruptcy court's denial of the IRS's late claim for 1984 income taxes, finding it was a new claim, but allowed the IRS's late claim for 1985 income taxes based on excusable neglect.
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Partition by sale is a matter of right for co-owners of indivisible property when the statutory prerequisites are met and no recognized defense applies; a trial court abuses its discretion by denying partition and imposing an alternative remedy not framed by the pleadings and uns
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An EOIR complaint satisfies the third prong of Lozada's procedural requirements for ineffective assistance of counsel claims, as the EOIR is an appropriate disciplinary authority under the plain language of Lozada and the 2009 regulatory enhancements to EOIR's disciplinary framew
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A citizen's arrest requires observation of a felony or breach of the peace. Apparent intoxication, trespassing without a warning, and approaching an elderly woman without threats do not constitute breach of the peace, and contraband abandoned after a person has already complied w
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When an arbitration agreement expressly incorporates AAA rules, the arbitrator must decide arbitrability issues, including whether contractual conditions precedent to arbitration have been satisfied, even if the agreement requires a third party's consent to arbitrate.
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The Tax Court applied the correct legal standard in determining a property's highest and best use for conservation easement valuation by focusing on whether the market would support the proposed use, rather than applying a mandatory four-factor appraisal test. The Tax Court did n
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Appellate courts reviewing a trial court's dismissal for fraud on the court must apply traditional standards of review: de novo review to the trial court's legal conclusions regarding whether fraud occurred, competent substantial evidence review to its factual findings regarding
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The district court properly found the DOC liable for Eighth Amendment deliberate indifference based on systemic deficiencies in mental health care that effectively denied inmates access to constitutionally adequate care, without requiring renewed liability findings at the remedia
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Substantial evidence supports the SEC's findings that latency arbitrage exists in options markets and that the ORP targets latency arbitrage accurately. Quotations subject to the ORP qualify as protected quotations under the Options Plan, not the inapplicable Regulation NMS. The
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A will that fails to qualify as self-proved under section 732.503 due to notarization defects cannot be validated by testimony from an attorney whose memory of the execution has deteriorated significantly, placing the burden on the proponent to establish formal execution and atte
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Probable cause to stop a vehicle for careless driving under Florida Statute § 316.1925(1) exists when a reasonable officer could conclude from the totality of circumstances that the driver failed to operate the vehicle in a careful and prudent manner, without requiring precise sp
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Fla. 4th DCA·
2026-03-25
The Fourth District Court of Appeal of Florida reversed a trial court's denial of a defendant's motion for attorney's fees. The court found that the defendant's proposal for settlement was not ambiguous or impossible to fulfill, despite naming a third-party claims service as the
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Fla. 1st DCA·
2026-03-18
Daniel Julio Dominguez was convicted under Florida's written threat statute after posting a video to social media depicting himself with firearms and detailing a plan to attack his former middle school. The First District Court of Appeal affirmed his conviction, holding that suff
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Substituted service of process on the Florida Secretary of State was valid under Florida Statutes sections 48.161 and 48.171, and the Hague Convention does not apply when the location of the person to be served is unknown.
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The plaintiff appeals an order declaring him a vexatious litigant and imposing sanctions including a requirement to post security and a ban on pro se filings. The appellate court reversed the pro se filing ban because the trial court failed to issue an order to show cause before
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The court held that the Administrative Law Judge's (ALJ) determination of the plaintiff's residual functional capacity (RFC) for medium work was not supported by substantial evidence, as it arbitrarily substituted the ALJ's judgment for that of medical professionals.
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Exigent circumstances justifying a warrantless seizure of a cellphone are determined by a fact-specific inquiry into the totality of the circumstances, and no requirement exists that the defendant must affirmatively indicate he will destroy evidence.
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The Court adopts the Magistrate Judge's Report and Recommendation, dismissing the Plaintiff's Complaint without prejudice and directing Plaintiff to consolidate claims in a related case.
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The court adopted the Magistrate Judge's recommendation to grant the Commissioner's unopposed motion to remand the action for further administrative proceedings.
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The court adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the motion for default judgment.
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The court adopted the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion to proceed in forma pauperis.
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A confidential informant's specific and predictive information about a suspect's identity, location, and real-time movements, combined with the informant's established reliability from past drug cases, provides reasonable suspicion to justify a Terry stop.
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The court adopted the Magistrate Judge's recommendation to deny the motion to proceed in forma pauperis and dismiss the complaint without leave to amend.
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The court adopted the Magistrate Judge's recommendation to deny the motion to proceed in forma pauperis and dismiss the complaint without prejudice, granting the plaintiff one opportunity to amend.
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The court affirmed the Commissioner's decision, finding the ALJ properly relied on vocational expert testimony and that any potential error regarding the 'document preparer' job was harmless.
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The court adopts the Magistrate Judge's Report and Recommendation, denying the motion for default judgment and dismissing the complaint without prejudice.
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The court held that the plaintiff's objection to the magistrate judge's report and recommendation is overruled, and the complaint is dismissed without prejudice, allowing the plaintiff to file an amended complaint.
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The district court adopted a magistrate judge's findings and recommendations, denying the defendant's motion to dismiss and granting the plaintiff's motion to transfer venue to the Southern District of Florida.
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A petition for writ of prohibition is denied when the trial court's findings of fact are supported by competent, substantial evidence.
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The trial court's findings of fact in a non-jury trial are presumed correct and will not be disturbed unless totally unsupported by competent and substantial evidence, clearly against the weight of the evidence, or induced by an erroneous view of the law.
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The District Court for the Southern District of Florida adopted a magistrate judge's recommendation and denied defendants' motion to dismiss Count II of plaintiff's complaint in this civil action. The court found no clear error in the magistrate judge's well-reasoned report recom
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A motion for extension of time under Florida Administrative Code Rule 28-106.111(3) must be ruled upon by a presiding officer, not by agency counsel, and the nurse's timely-filed motion was never properly denied, thus tolling the deadline for her petition for a formal hearing.
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The court granted Plaintiff's motion for default final judgment for declaratory relief.
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The court held that a mathematical miscalculation in determining the forfeiture amount constitutes clear error, requiring vacatur of the forfeiture order. The court also declined to apply a hypothetical leader/mastermind theory for increased forfeiture due to an undeveloped recor
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A witness's testimony is inadmissible at trial when the witness refuses to submit to full and fair cross-examination on material matters relevant to the witness's credibility and the basis of the witness's knowledge. Additionally, testimony that is based on speculation rather tha
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The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
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The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
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The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards.
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The court affirmed the Commissioner's decision, finding that the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and applied the correct legal standard.
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A notary may act as a witness to a document without violating Florida law, and homestead mortgages do not require two subscribing witnesses following the 1968 Florida constitutional revision that removed the words "duly executed" from Article X, Section 4(c).
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When a condominium association fails to provide records within ten working days of a written request, a rebuttable presumption of willful noncompliance arises under section 718.111(12)(c), Florida Statutes. The association must rebut this presumption with competent substantial ev
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The court affirmed the bankruptcy court's judgment, holding that it had subject matter jurisdiction, did not err in choice of law, and that the appellants received a fair hearing.
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A superseding indictment that is independently timely under the statute of limitations does not need to "relate back" to a prior indictment, even if it broadens or substantially amends the original charges.