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
-
872 F.2d 1069·
D.C. Cir.·
1989-04-25
·cited 2×
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.
-
The court affirmed the district court's judgment, holding that while the plaintiff established a prima facie case for the Houston shipment, the carrier was not liable because the rust damage resulted from an excepted cause (peril of the sea) which could not have been avoided by r
-
854 F.2d 313·
8th Cir.·
1988-08-17
·cited 2×
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.
-
853 F.2d 882·
Fed. Cir.·
1988-08-05
·cited 2×
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
-
The court held that the defendant's counsel was not ineffective for failing to file a speedy trial motion because such a motion would have been denied, as the People exercised due diligence in apprehending the defendant.
-
834 F.2d 1438·
8th Cir.·
1987-12-15
·cited 2×
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.
-
-
423 So. 3d 981·
Fla. 3d DCA·
2025-11-05
·cited 1×
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).
-
421 So. 3d 478·
Fla. 2d DCA·
2025-10-01
·cited 1×
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
-
A trial court's award of temporary attorney's fees in a family law matter must be supported by specific factual findings regarding the parties' need and ability to pay, and must include findings as to the reasonableness of the hours expended and hourly rates charged. Conclusory d
-
415 So. 3d 918·
Fla. 3d DCA·
2025-08-06
·cited 1×
The trial court's ruling on the motion to suppress is affirmed.
-
400 So. 3d 789·
Fla. 1st DCA·
2024-11-27
·cited 1×
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
-
Toorak Capital Partners sued Capital Servicing Company and guarantor Traci Shawn Williams for default on a commercial loan, seeking recovery solely under the original June 7, 2019 promissory note and denying any modifications. The defendants asserted an affirmative defense that t
-
New York's rule against perpetuities does not apply to mandatory stock redemption provisions in shareholder agreements of closely held corporations; such agreements are instead evaluated under the common law rule against unreasonable restraints on alienation and are valid if reas
-
394 So. 3d 153·
Fla. 3d DCA·
2024-07-17
·cited 1×
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
-
A mediated settlement agreement is binding and enforceable when the plain language sets forth all essential terms reflecting the parties' meeting of the minds and serious intent to be bound, even if some implementation details remain. The subsequent discovery of an obstacle withi
-
395 So. 3d 196·
Fla. 3d DCA·
2024-04-24
·cited 1×
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
-
385 So. 3d 150·
Fla. 4th DCA·
2024-04-17
·cited 1×
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
-
The appellate court reversed a lower court's decision to vacate a default judgment against Star Collision. The court found that the return of service, despite a minor misspelling, was facially valid and Star Collision failed to present clear and convincing evidence of improper se
-
Trial courts have discretion to determine the order in which coverage and amount-of-loss issues are resolved; a retained-rights provision in an insurance policy contemplates appraisals occurring prior to resolution of coverage issues. An insurer's denial of coverage based on frau
-
388 So. 3d 126·
Fla. 3d DCA·
2023-10-18
·cited 1×
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.
-
371 So. 3d 428·
Fla. 1st DCA·
2023-10-04
·cited 1×
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
-
357 So. 3d 283·
Fla. 2d DCA·
2023-02-24
·cited 1×
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.
-
The contractual term "plus any gains or losses on that amount" in a consent final judgment dividing a retirement plan does not apply to passive appreciation in the nonmarital premarital portion of the plan. Accordingly, a QDRO awarding the former wife a share of such passive appr
-
The appellate court affirmed in part and reversed in part a trial court's order granting injunctive relief. While the court agreed with the trial court's findings regarding breach of a settlement agreement, it reversed the portion authorizing a writ of bodily attachment without a
-
349 So. 3d 510·
Fla. 5th DCA·
2022-10-14
·cited 1×
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
-
344 So. 3d 627·
Fla. 2d DCA·
2022-08-19
·cited 1×
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
-
An ALJ's reservation of jurisdiction to award attorney's fees under section 57.105 does not authorize the ALJ to initiate a new DOAH case sua sponte; case initiation requires a written petition or request by an agency or party under sections 120.569 and 120.57.
-
343 So. 3d 576·
Fla. 4th DCA·
2022-05-04
·cited 1×
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
-
The appellate court affirmed a lower court's decision that an insurance policy's appraisal clause applies to claims for mitigation services. The court found the policy language unambiguous and that the appraisal provision was intended to resolve disputes over the amount of covere
-
337 So. 3d 431·
Fla. 3d DCA·
2022-01-05
·cited 1×
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
-
326 So. 3d 826·
Fla. 1st DCA·
2021-09-29
·cited 1×
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
-
325 So. 3d 981·
Fla. 1st DCA·
2021-07-28
·cited 1×
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
-
322 So. 3d 770·
Fla. 1st DCA·
2021-07-15
·cited 1×
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
-
The appellate court affirmed a trial court's decision denying attorney's fees to homeowners who were sued by their condominium association. The court held that the homeowners were not prevailing parties, even though the association voluntarily dismissed its foreclosure action, be
-
A lease provision stating that the landlord's "sole remedy" is to retain the "option deposit" does not cap damages to the security deposit where the lease distinguishes between "option deposit" and "security deposit" as separate forms of deposits. The security deposit may be appl
-
This case involves a homeowner appealing a foreclosure judgment, arguing that VA regulations created conditions precedent to foreclosure and that the bank failed to prove the debt amount. The appellate court affirmed the foreclosure but reversed the judgment on the debt amount, f
-
314 So. 3d 536·
Fla. 3d DCA·
2020-12-09
·cited 1×
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.
-
The appellate court reversed a trial court's decision that prevented a defendant from voluntarily dismissing her counterclaim. The court held that the defendant had an absolute right to dismiss her counterclaim before a summary judgment hearing, as the property at issue was not s
-
304 So. 3d 23·
Fla. 4th DCA·
2020-10-21
·cited 1×
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
-
314 So. 3d 309·
Fla. 3d DCA·
2020-09-16
·cited 1×
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
-
311 So. 3d 964·
Fla. 1st DCA·
2020-08-07
·cited 1×
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
-
This case addresses whether a party in a paternity action can waive their right to temporary attorney's fees in a settlement agreement. The court held that while a party cannot waive temporary attorney's fees prior to final judgment in a paternity action, the specific waiver in t
-
296 So. 3d 949·
Fla. 3d DCA·
2020-03-30
·cited 1×
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
-
291 So. 3d 1033·
Fla. 1st DCA·
2020-03-12
·cited 1×
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.
-
Section 57.105 does not authorize a court to award a movant not only reasonable attorney's fees but also an additional punitive amount equivalent to the non-movant's attorneys' hours expended. While a court may consider the non-movant's attorneys' hours expended in determining th
-
155 So. 3d 343·
Fla. 1st DCA·
2020-03-02
·cited 1×
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
-
275 So. 3d 220·
Fla. 3d DCA·
2019-06-26
·cited 1×
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
-
Under Florida law, substantial compliance with a notice provision is sufficient when the receiving party has actual notice, and strict compliance is not required; therefore, Megacenter's email notice of termination to Goodman's counsel satisfied the notice requirement despite not
-
A trial court errs by entering judgment on a promissory note based on a copy when the original is lost, unless the creditor produces the original or formally reestablishes the lost note by proving the statutory requirements of section 673.3091, including that possession cannot re