De Novo Review Of Legal Conclusions

752 Florida cases classified under this topic, plus 418 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Siegle v. Progressive Consumers Ins. Co.
  819 So. 2d 732· Fla.· 2002-05-23 ·cited 159×·via De Novo Review Of Legal Questions
  The Florida Supreme Court held that an automobile collision insurance policy providing for repair or replacement of damaged vehicles "with other of like kind and quality" does not obligate the insurer to compensate the insured for diminution in market value ("inherent diminished
• Gorman Roberts, Jr. v. State
  874 So. 2d 1225· Fla. 4th DCA· 2004-05-26 ·cited 116×·via De Novo Review Of Legal Questions
  Gorman Roberts was convicted of manslaughter in the drowning death of a five-year-old child. The Fourth District Court of Appeal reversed his conviction, holding that the Miranda warning he received was constitutionally defective because it failed to inform him that he had a righ
• Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs
  379 F. Supp. 3d 1244· M.D. Fla.· 2019-05-03 ·cited 99×
  A proposed FLSA settlement agreement cannot be approved when it is unsigned, contains material discrepancies between claimed and settlement amounts without explanation, fails to allocate liquidated damages, lacks adequate consideration for released claims and non-cash concessions
• Hines v. State
  737 So. 2d 1182· Fla. 1st DCA· 1999-07-15 ·cited 80×·via De Novo Review Of Law Application
  Randy Hines appeals his conviction for possession of cannabis with intent to sell near a school, challenging the denial of his motion to suppress evidence obtained through an illegal search. The Florida Court of Appeal reversed, holding that Deputy Simmons unconstitutionally reac
• Geraud L. Moreland v. Agency for Persons with Disabilities
  19 So. 3d 1009· Fla. 1st DCA· 2009-08-21 ·cited 70×
  The court held that the administrative law judge erred in finding proposed rules for Medicaid waiver benefits valid, as they contravened statutory requirements for assessment instruments and tier placement.
• Genaro Hermino Rodriguez-Rivera v. U.S. Dep't of Immigr. & Naturalization
  848 F.2d 998· 9th Cir.· 1988-06-07 ·cited 69×·via De Novo Review Of Legal Questions
  The court held that the Board of Immigration Appeals (BIA) did not err in denying the petitioner's request for asylum and withholding of deportation, as he failed to establish a well-founded fear of persecution.
• State v. Rabb
  920 So. 2d 1175· Fla. 4th DCA· 2006-02-15 ·cited 65×
  Florida appealed a trial court's suppression of evidence obtained from James Rabb's home, challenging the finding that a drug-detection dog's sniff at the exterior of the house constituted an unconstitutional search. The Fourth District affirmed the suppression, holding that dog
• United States v. Merbi Suarez
  911 F.2d 1016· 5th Cir.· 1990-08-30 ·cited 64×·via De Novo Review Of Legal Questions
  The court held that the district court erred by applying a revised sentencing guideline that removed the scienter requirement for firearm possession enhancements without making a finding of scienter, violating the ex post facto clause.
• United States v. Gerald Levy (89-5980) & Calvin Black (89-6099)
  904 F.2d 1026· 6th Cir.· 1990-05-25 ·cited 63×
  The court affirmed the convictions and sentences, holding that the district court did not err in its evidentiary rulings, jury instructions, or sentencing decisions, and that the challenged statute was not unconstitutionally vague or disproportionate.
• Rivera v. State
  859 So. 2d 495· Fla.· 2003-09-11 ·cited 61×
  Michael Rivera, a death row inmate convicted of murdering an 11-year-old child, appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial
• In re Mullet v. Mullet
  817 F.2d 677· 10th Cir.· 1987-05-01 ·cited 58×·via De Novo Review Of Legal Determinations
  The court held that reasonable reliance is required under 11 U.S.C. § 523(a)(2)(A) to prevent the discharge of a debt obtained by false representation, and the bank failed to demonstrate such reasonable reliance.
• State of Wash. ex rel. Michael D. Edwards v. Heimann
  633 F.2d 886· 9th Cir.· 1980-12-08 ·cited 58×·via De Novo Review Of Legal Questions
  The Comptroller had the statutory authority to approve national banks' exchanges of existing branch banks under 12 U.S.C. § 36(c) and R.C.W. 30.40.020.
• Nixon v. State
  2 So. 3d 137· Fla.· 2009-01-22 ·cited 53×
  Joe Elton Nixon, convicted and sentenced to death for a 1984 murder, appealed the trial court's denial of his motion for postconviction relief claiming mental retardation bars his execution under Atkins v. Virginia. The Florida Supreme Court affirmed the trial court's finding tha
• Winton Kemmis v. McGOLDRICK
  706 F.2d 993· 9th Cir.· 1983-05-24 ·cited 52×·via De Novo Review Of Contract Interpretation
  The court held that oral understandings cannot override the written terms of a collective bargaining agreement concerning employee benefit contributions, and that contributions are required for all hours worked, not just those necessary for benefit eligibility.
• Genworth Life & Annuity Ins. Co. v. TVPX ARS, Inc.
  959 F.3d 1318· 11th Cir.· 2020-05-26 ·cited 50×·via De Novo Review Of Legal Questions
  The court held that the district court abused its discretion by enjoining TVPX's lawsuit based on res judicata without sufficient factual findings that Genworth's conduct had remained unchanged since the prior settlement.
• Nestor Garcia v. State
  872 So. 2d 326· Fla. 2d DCA· 2004-04-14 ·cited 46×·via De Novo Review Of Legal Questions
  Garcia pleaded no contest to drug charges while reserving the right to appeal the denial of his motion to suppress a search warrant for his residence. The appellate court reversed, finding that the search warrant affidavit lacked sufficient probable cause to establish that cocain
• Fla. Int'l Univ. Bd. OF Trs. v. Fla. Nat'l Univ., Inc.
  830 F.3d 1242· 11th Cir.· 2016-07-26 ·cited 44×
  Florida International University sued Florida National University for trademark infringement and unfair competition after FNU changed its name from Florida National College to Florida National University in 2012. The Eleventh Circuit affirmed the district court's judgment in favo
• United States v. Thomas
  759 F.2d 659· 8th Cir.· 1985-04-11 ·cited 44×·via De Novo Review Of Legal Questions
  The court held that the two indictments charged separate conspiracies, not the same offense, and therefore the Double Jeopardy Clause did not bar the second prosecution.
• City OF Austin v. Decker Coal Co.
  701 F.2d 420· 5th Cir.· 1983-03-28 ·cited 40×·via De Novo Review Of Contract Interpretation
  The court held that the Montana Department of State Lands' determination that a portion of the mining area contained 'Section 9' characteristics, which necessitated a change in mining methods and increased costs, constituted a 'new regulation' under the contract's pass-through pr
• United States v. Smith
  900 F.2d 1442· 10th Cir.· 1990-03-29 ·cited 38×
  Sentences imposed after the commission of the instant offense but before sentencing on that offense are considered 'prior sentences' for calculating the criminal history category under the Sentencing Guidelines.
• Peace River/Manasota Reg'l Water Supply Auth. v. IMC Phosphates Co.
  18 So. 3d 1079· Fla. 2d DCA· 2009-02-10 ·cited 35×
  The Peace River/Manasota Regional Water Supply Authority appealed the Department of Environmental Protection's approval of phosphate mining permits for IMC Phosphates, challenging the agency's standing determination and refusal to consider cumulative environmental impacts. The co
• Threlkeld v. Commissioner OF Internal Revenue
  848 F.2d 81· 6th Cir.· 1988-06-01 ·cited 35×·via De Novo Review Of Legal Questions
  Damages received for injury to professional reputation are excludable from gross income under I.R.C. § 104(a)(2) as they constitute damages on account of personal injuries.
• Hayes v. Kincheloe
  784 F.2d 1434· 9th Cir.· 1986-03-19 ·cited 35×·via De Novo Review Of Legal Questions
  A guilty plea is involuntary if the defendant does not receive actual notice of the true nature of the charge against him or possess an understanding of the law in relation to the facts.
• Stewart Agency, Inc. v. Robinson
  855 So. 2d 726· Fla. 4th DCA· 2003-10-15 ·cited 34×·via De Novo Review Of Contract Interpretation
  Stewart Agency appealed the trial court's denial of its motion to compel arbitration of a consumer dispute. The court held that an arbitration clause in a vehicle sales contract was not substantively unconscionable, and reversed the lower court's decision, holding that both proce
• Taylor & Gaskin, Inc. v. Chris-Craft Indus.
  732 F.2d 1273· 6th Cir.· 1984-04-12 ·cited 34×
  A buyer cannot recover recall expenses attributable to its own negligence as consequential damages for a seller's breach of warranty.
• Mobley v. State
  132 So. 3d 1160· Fla. 3d DCA· 2014-01-02 ·cited 33×
  Gabriel Mobley was charged with two counts of second-degree murder for shooting two men outside a restaurant. The Florida Third District Court of Appeal granted Mobley's petition for writ of prohibition, finding that he was entitled to immunity from prosecution under Florida's St
• Boyhan v. Maguire
  693 So. 2d 659· Fla. 4th DCA· 1997-05-07 ·cited 33×·via De Novo Review Of Legal Questions
  Boyhan sought to vacate an arbitration award against him, claiming the arbitration panel's chairman displayed evident partiality based on critical comments about the opposing party's attorney and conduct during the hearing. The court affirmed the trial court's denial of vacatur,
• Trs. OF Iron Workers Local 473 Pension Tr. v. Allied Prods. Corp.
  872 F.2d 208· 7th Cir.· 1989-04-13 ·cited 33×·via De Novo Review Of Legal Determinations
  The court held that a complete withdrawal from a multiemployer pension plan under ERISA requires the permanent cessation of 100% of covered operations, not 'virtually all,' and that district courts must fully review an arbitrator's legal determinations de novo.
• United States v. Shewmaker
  936 F.2d 1124· 10th Cir.· 1991-06-24 ·cited 32×·via De Novo Review Of Legal Questions
  The court held that the district court erred in sentencing concurrently without considering Guideline departure, and that the defendant's criminal history and marijuana quantity calculations were proper.
• United States v. Boyer
  931 F.2d 1201· 7th Cir.· 1991-05-07 ·cited 32×·via De Novo Review Of Legal Questions
  The court held that the defendant failed to meet his burden of proof to show his prior convictions were constitutionally invalid and that the district court's finding that the drug quantity was foreseeable was not clearly erroneous.
• Bearden v. State
  161 So. 3d 1257· Fla.· 2015-04-16 ·cited 31×·via De Novo Review Of Legal Interpretation
  The Florida Supreme Court resolved a conflict between two district courts on whether a trial judge or jury determines the credibility of an in-court witness testifying about an out-of-court statement against penal interest made by a third party. The court held that credibility as
• Nagy v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  813 So. 2d 155· Fla. 4th DCA· 2002-03-13 ·cited 30×·via De Novo Review Of Legal Interpretation
  Parents of an infant who died fourteen hours after birth appeal from an administrative decision finding the child suffered a compensable birth-related neurological injury under Florida's no-fault compensation plan. The court reverses, holding that the statute requires both the me
• United States v. Duncan
  918 F.2d 647· 6th Cir.· 1990-11-08 ·cited 30×
  The court held that a district court did not err in enhancing a sentence for firearm possession during a drug offense, refusing to suppress evidence from a warrantless search, or denying the return of unmarked cash seized and applied to the sentence.
• Cent. States Se. & Sw. Areas Pension Fund & Daniel J. Shannon v. Kraftco, Inc.
  799 F.2d 1098· 6th Cir.· 1986-09-02 ·cited 30×
  The court reversed the district court's decision regarding the applicability of § 302.
• United States v. State OF Or. & State of Wash.
  718 F.2d 299· 9th Cir.· 1983-10-12 ·cited 30×·via De Novo Review Of Legal Questions
  The court held that the appeal was not moot and affirmed the district court's preliminary injunction, finding it struck an appropriate balance between treaty fishing rights and conservation needs.
• DAW Indus., Inc. v. The United States
  714 F.2d 1140· Fed. Cir.· 1983-08-09 ·cited 30×
  The court held that imported sheaths and socks for amputee limbs are classifiable as 'other prosthetic articles' rather than wearing apparel, as this classification is more specific.
• State v. Manuel
  796 So. 2d 602· Fla. 4th DCA· 2001-09-12 ·cited 29×
  The State appeals the suppression of cocaine evidence and dismissal of a resisting arrest charge. The trial court suppressed evidence from a stop based on a convenience store clerk's tip, concluding the information was unreliable. The appellate court reversed, holding that the cl
• Hutchinson v. State
  17 So. 3d 696· Fla.· 2009-07-09 ·cited 28×
  Jeffrey Hutchinson appeals the denial of his Rule 3.851 postconviction motion challenging his conviction for four counts of first-degree murder and three death sentences in the shooting deaths of his live-in girlfriend and her three children. The Florida Supreme Court affirms the
• Smith v. Smith
  971 So. 2d 191· Fla. 1st DCA· 2007-12-31 ·cited 28×
  In this divorce appeal, the First District Court of Appeal reversed the trial court's classification of the marital home as a nonmarital asset and its award of shared parental responsibility to an incarcerated father with a history of criminal conduct and substance abuse. The cou
• United States v. Estridge
  797 F.2d 1454· 8th Cir.· 1986-03-13 ·cited 28×
  The court affirmed the district court's award of costs and attorneys' fees under the Equal Access to Justice Act, finding the government's position was not substantially justified.
• Johnson v. Johnson
  725 So. 2d 1209· Fla. 3d DCA· 1999-01-13 ·cited 27×·via De Novo Review Of Contract Interpretation
  A husband appeals from a final divorce judgment in which the trial court found his prenuptial agreement invalid as to marital assets acquired during the marriage, thereby subjecting eleven rental properties to equitable distribution. The appellate court upheld the judgment, holdi
• United States v. Hoyos
  892 F.2d 1387· 9th Cir.· 1989-03-06 ·cited 27×·via De Novo Review Of Legal Questions
  A warrantless protective sweep of a house after an arrest outside is unreasonable under the Fourth Amendment absent specific articulable facts supporting a belief that others inside pose a threat or will destroy evidence.
• Enoch D. Hall v. State
  107 So. 3d 262· Fla.· 2012-08-30 ·cited 26×·via De Novo Review Of Law Application
  Enoch Hall was convicted of first-degree murder and sentenced to death for stabbing, strangling, and beating Officer Donna Fitzgerald in a Florida prison facility. Hall appeals challenging his conviction, the admissibility of his confessions, expert testimony, prior crime evidenc
• Darling v. State
  81 So. 3d 574· Fla. 3d DCA· 2012-02-29 ·cited 26×
  Damon Darling appeals his jury conviction for manslaughter and aggravated assault arising from a shootout in which a bystander was killed. The Third District Court of Appeal affirms the conviction, rejecting challenges to the trial court's denial of a 'stand your ground' immunity
• United States v. Ernie C. Doyan, Jr.
  909 F.2d 412· 10th Cir.· 1990-07-24 ·cited 26×
  The court held that imposing a fine sufficient to cover the costs of incarceration and supervision, even if burdensome to the defendant, does not constitute an abuse of discretion or violate equal protection principles under the Sentencing Guidelines.
• Educ. Assistance Corp. v. Zellner
  827 F.2d 1222· 8th Cir.· 1987-09-03 ·cited 26×
  A student loan nondischargeable in Chapter 7 is not automatically nondischargeable in Chapter 13, and the "best interests of creditors" test requires comparing actual Chapter 7 recovery to Chapter 13 plan payments.
• Brown v. United States Dep't of Interior
  679 F.2d 747· 8th Cir.· 1982-06-03 ·cited 26×·via De Novo Review Of Legal Questions
  The court held that mining claims are not allowable on lands within the Buffalo National River because the act establishing it as part of the National Park System implicitly withdrew those lands from mineral entry.
• Berenguela-Alvarado v. Castanos
  950 F.3d 1352· 11th Cir.· 2020-02-25 ·cited 25×·via De Novo Review Of Legal Determinations
  The court held that the district court committed clear error in finding the father denied making threats and erred as a matter of law by shifting the burden of proof to the mother on the issue of consent.
• Young v. Commissioner OF Internal Revenue
  926 F.2d 1083· 11th Cir.· 1991-03-19 ·cited 25×
  The court held that the investors were not "at risk" for the full amount of their claimed losses because the complex sale/leaseback transactions, despite labels, were structured to limit their economic exposure, and thus the tax court properly limited their deductions.
• United States v. Wright
  891 F.2d 209· 9th Cir.· 1989-12-04 ·cited 24×·via De Novo Review Of Legal Questions
  The court held that the Sentencing Commission intended sections 4A1.1(d) and (e) to apply to the offense of escape, and their application does not violate the Fifth Amendment's double jeopardy clause.