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
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The trial court properly denied the motion to suppress because competent, substantial evidence supported the finding that the defendant voluntarily, knowingly, and intelligently waived his Miranda rights, and the trial court properly denied the motion for judgment of acquittal be
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271 So. 3d 1112·
Fla. 3d DCA·
2019-02-27
·cited 1×
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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Lisa Rawson appealed a trial court's denial of her motion for attorney's fees and costs under Florida Statute section 57.105 against Gulf Coast Property Management Company, which filed a frivolous interpleader action despite a final divorce judgment awarding rental property to Ra
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An easement agreement granting air rights must be interpreted according to contract interpretation rules, giving effect to plain meaning and explicit limitations. The agreement here limited air rights to a specific elevation range (+45.75 to +115.00 feet), and balconies extending
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Under section 812.015(3)(a), Florida Statutes, law enforcement may detain and handcuff a person based on probable cause developed from a store employee's report of suspected shoplifting, even though the crime did not occur in the officer's presence.
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253 So. 3d 72·
Fla. 1st DCA·
2018-08-03
·cited 1×
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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When consent to search is obtained following an illegal police stop, the State must prove by clear and convincing evidence that an unequivocal break in the chain of illegality occurred to dissipate the taint; here, the deputy's brief explanation and request for consent, without i
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Antonnine Scotsman appeals his convictions for three counts of armed robbery and one count of aggravated assault, challenging the admissibility of his confession obtained after he invoked his right to counsel. The court agrees that detectives violated his Miranda rights by contin
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A marital settlement agreement provision granting exclusive use and possession of a home "through the daughter's minority and college years (4 years post high school)" reasonably requires the sale of the property after the daughter completes college, and should not be interpreted
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207 So. 3d 997·
Fla. 5th DCA·
2016-12-30
·cited 1×
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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Scotty Thompson was convicted of manufacturing methamphetamine and related drug offenses. He appealed arguing the trial court erred in denying his motion to suppress evidence and motion for judgment of acquittal. The appellate court affirmed all convictions and sentences.
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144 So. 3d 618·
Fla. 4th DCA·
2014-08-06
·cited 1×
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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The court held that the trial court erred in finding an express waiver of the right to have the court determine attorneys' fees, as the evidence did not support such a finding.
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402 B.R. 56·
S.D. Fla.·
2008-08-18
·cited 1×
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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214 B.R. 509·
M.D. Fla.·
1997-11-14
·cited 1×
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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191 B.R. 482·
S.D. Fla.·
1995-06-14
·cited 1×
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 held that the term "master drainage plan" in the contract was ambiguous and that the defendants did not breach the contract or commit fraud by providing a site-specific plan that was acceptable to the county at the time of the agreement.
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152 B.R. 996·
M.D. Fla.·
1993-04-01
·cited 1×
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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The court held that the district court had proper subject matter jurisdiction and did not err in finding that the change of beneficiaries on the life insurance policies was the product of undue influence, thus invalidating the changes.
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124 B.R. 116·
M.D. Fla.·
1991-02-04
·cited 1×
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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131 B.R. 747·
M.D. Fla.·
1990-11-27
·cited 1×
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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Upon revocation of probation, a trial court may impose any sentence it could have originally imposed, including a PRR mandatory life sentence, even if the State waived PRR sentencing at the initial plea hearing, provided the defendant qualified as a PRR at the time of sentencing
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An assignee of a purchase agreement may not recover attorney's fees under a fee provision in the original purchase agreement when the assignment itself contains no fee clause, because the fee provision applies only to disputes between the original contracting parties and does not
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An assignee of a purchase agreement may not recover attorney's fees under a fee provision in the original purchase agreement when the assignment itself contains no fee clause, because the fee provision applies only to disputes between the original contracting parties and does not
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A marital settlement agreement providing for either a $140,000 payment to the former wife upon refinancing or equal division of net sale proceeds if refinancing failed contains two distinct alternatives, not a single obligation to pay $140,000 in all circumstances. The trial cour
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Fla. 3d DCA·
2026-08-26
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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A marital settlement agreement provision stating that alimony shall remain in effect until the former wife remarries does not constitute an express or implied waiver of the statutory right to seek modification of alimony based on changed circumstances. An effective waiver require
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11th Cir.·
2026-08-04
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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Fla. 5th DCA·
2026-07-31
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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Fla. 4th DCA·
2026-07-22
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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11th Cir.·
2026-07-16
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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A party seeking to set aside a judicial foreclosure sale must prove both an adequate equitable factor (such as irregularity, gross inadequacy of consideration, surprise, accident, or mistake) and that the factor resulted in injustice to the complaining party; mere proof of an equ
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A right of first refusal ripens into an irrevocable option upon the owner's entry into a purchase agreement with a third party, and when a condominium declaration provides that notice of exercising the right is effective upon certified mailing, proof of actual receipt is not requ
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Fla.·
2026-07-09
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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A trial court's modification of a parenting plan is affirmed where both parties alleged a substantial and material change in circumstances in their pleadings, binding them to that allegation, and the trial court made specific findings on each statutory best-interest factor. An aw
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11th Cir.·
2026-06-24
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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An oral modification of a written real estate contract requiring written modifications is enforceable only if the proponent establishes mutual assent, subsequent conduct consistent with the modification, and additional consideration beyond the original contract. Here, the buyer f
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11th Cir.·
2026-05-29
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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The FDUTPA claim was properly dismissed because the contract explicitly disclosed the pricing structure and the customer approved all invoices, failing to establish deception or unfair practices. The flooring credit award was supported by competent evidence independent of any set
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Fla. 3d DCA·
2026-05-06
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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Fla. 4th DCA·
2026-04-29
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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Prefatory language in a contract, even if it describes the underlying purpose or context, cannot be used to restrict or expand the meaning of otherwise unambiguous operative provisions. The operative provisions of a contract prevail over any conflict with prefatory clauses. When
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A default judgment awarding unliquidated damages is void when entered without notice to the defendant and opportunity to be heard, even though a default admits all well-pleaded allegations of liquidated damages. The trial court erred in awarding damages for an alleged insurance p
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The Gaceks appealed the trial court's dismissal of their malicious prosecution and conspiracy claims against their condominium association and property managers. The First DCA affirmed, holding that the Gaceks could not pursue a malicious prosecution claim because they failed to
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Fla. 6th DCA·
2026-03-13
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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Andrew Kent appeals his conviction for possession of cocaine, possession of paraphernalia, and giving a false name, challenging the trial court's denials of his motions to suppress the traffic stop, sever charges, and declare a mistrial. The appellate court affirmed, finding the
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429 So. 3d 21·
Fla. 4th DCA·
2026-02-11
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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M.D. Fla.·
2026-01-16
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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Fla. 1st DCA·
2026-01-07
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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An agreed pretrial order that explicitly provides retroactive child support shall be awarded if the obligor fails to pay the guideline amount during the pendency of proceedings is binding and must be enforced; the trial court erred in denying retroactive child support based on th