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

• Berra v. State
  M.D. Fla.· 2026-01-06
  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.
• Gonzalez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-12-31
  The court adopted the Magistrate Judge's recommendation to grant the Commissioner's unopposed motion to remand the action for further administrative proceedings.
• Jacob v. Yisrael Taussig
  379 F. Supp. 3· M.D. Fla.· 2025-12-22
  The court adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the motion for default judgment.
• Washington v. Romero
  M.D. Fla.· 2025-12-04
  The court adopted the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion to proceed in forma pauperis.
• State v. Milton
  Fla. 1st DCA· 2025-12-03
  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.
• Shir Bensusan v. Design Eng'g Grp., LLC
  Fla. 4th DCA· 2025-12-03 ·via De Novo Review Of Contract Interpretation
  An unconditional and absolute guaranty in unambiguous terms makes the guarantor liable immediately upon the principal's default, without requiring the creditor to first pursue the principal. The guarantor is entitled to statutory pre-judgment and post-judgment interest, but not t
• United States v. Perez
  11th Cir.· 2025-12-02 ·via De Novo Review Of Sentence Legality
  A district court, upon a government motion for substantial assistance under 18 U.S.C. § 3553(e), may depart below a statutory minimum sentence, but the extent of that departure must be based solely on assistance-related factors, not on the general sentencing factors in § 3553(a).
• Francis v. Judge Thomas Barber
  M.D. Fla.· 2025-12-02
  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.
• Alexander-Marquis Johnson v. Tampa Police Dep't
  M.D. Fla.· 2025-12-02
  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.
• Fitzpatrick v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-11-24
  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.
• Harman v. Yonder Alonso
  Fla. 3d DCA· 2025-10-29 ·via De Novo Review Of Legal Questions
  A mother appealed the trial court's denial of her petition to relocate her two minor children from Florida to California. The appellate court reversed, finding that the trial court relied on legally impermissible speculative findings about the mother's future marital stability, c
• Nigel Lucombe v. Harborview Cap. Holdings L.L.C.
  M.D. Fla.· 2025-10-08
  The court adopts the Magistrate Judge's Report and Recommendation, denying the motion for default judgment and dismissing the complaint without prejudice.
• Clements v. Lee Cnty.
  M.D. Fla.· 2025-10-07
  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.
• Rushing v. Rushing
  Fla. 6th DCA· 2025-09-19 ·via De Novo Review Of Contract Interpretation
  A marital settlement agreement limiting a former spouse's military pension entitlement to a percentage calculated based on the service member's rank, years of service, and retired pay base at the time of divorce is unambiguous and requires a hypothetical retirement calculation, n
• Gill v. Brunswick Corp.
  S.D. Fla.· 2025-09-04
  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.
• Radcliffe Buttler v. State
  Fla. 3d DCA· 2025-09-03
  A petition for writ of prohibition is denied when the trial court's findings of fact are supported by competent, substantial evidence.
• Dorilton Cap. Mgmt. LLC v. Schwarz
  Fla. 3d DCA· 2025-09-03 ·via De Novo Review Of Contract Interpretation
  A mandatory forum selection clause in a public relations agreement applies to defamation claims arising from the parties' contractual business relationship, even when asserted by non-signatories to the agreement, if the clause contains broad language covering claims arising in co
• Dorilton Cap. Mgmt. LLC v. Schwarz
  Fla. 3d DCA· 2025-09-03 ·via De Novo Review Of Contract Interpretation
  A mandatory forum selection clause in a public relations agreement applies to tort claims arising from the parties' professional relationship established by that agreement, and such claims must be dismissed when brought in a forum other than the one specified in the clause.
• Groom v. Est. of Susan Naughton
  Fla. 3d DCA· 2025-08-27
  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.
• Siegal v. Holiday CVS, L.L.C.
  S.D. Fla.· 2025-08-19
  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
• Carr v. Dep't of Health
  Fla. 1st DCA· 2025-07-30
  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.
• Aldridge v. Jayyous Props., LLC
  Fla. 1st DCA· 2025-07-23 ·via De Novo Review Of Contract Interpretation
  A second mortgage signed by Mrs. Aldridge secured only her husband's $150,000 personal guarantee for breach of management services obligations, not the underlying $50,000 loan to North Lagoon Medical, LLC. The trial court erred in relying on extrinsic testimony rather than the pl
• Am. Builders Ins. Co RRG, Inc. v. Carrollton Premiere Roofing, Inc.
  M.D. Fla.· 2025-07-17
  The court granted Plaintiff's motion for default final judgment for declaratory relief.
• United States v. Joff Philossaint
  141 F.4th 1334· 11th Cir.· 2025-07-02
  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
• Matthews v. State
  Fla. 3d DCA· 2025-07-02
  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
• Slackta v. Comm'r Soc. Sec.
  M.D. Fla.· 2025-06-25
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
• Jones v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-06-23
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
• Bermudez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-06-16
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards.
• Garcia Lugo v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-06-12
  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.
• 13110 Invs. LLC v. Dumervile
  Fla. 4th DCA· 2025-06-04
  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).
• De Gamboa v. Newth Gardens Ass'n, Inc.
  Fla. 4th DCA· 2025-06-04
  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
• Cahill v. DCN Holdings, Inc.
  M.D. Fla.· 2025-05-19
  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.
• United States v. Rivera
  136 F.4th 1284· 11th Cir.· 2025-05-12
  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.
• Demond Lavette Moore v. State
  Fla. 6th DCA· 2025-05-02
  Once a defendant establishes a prima facie claim of self-defense immunity under Florida's Stand Your Ground law, the State bears the burden to prove by clear and convincing evidence that the defendant is not entitled to immunity. The trial court erred by relying on inadmissible e
• May v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-04-14
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
• Bisson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-04-11
  The court held that the Administrative Law Judge (ALJ) erred by failing to articulate the specific functional limitations caused by the claimant's severe impairment of chronic diarrhea in the Residual Functional Capacity (RFC) assessment. The court also directed reconsideration o
• Reynolds v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-04-10
  The court held that the ALJ failed to adequately consider and articulate the weight given to Dr. Nassar's opinion, particularly regarding nonexertional limitations and necessary accommodations, thus requiring reversal and remand.
• Brown v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-04-10
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
• Guerra v. Disaster Servs. LLC
  S.D. Fla.· 2025-03-25
  The court denied the plaintiff's motion to approve the settlement agreement without prejudice and entered a default against Defendant Disaster Services LLC due to its failure to comply with court orders.
• E. Winds Consulting, LLC v. Sky Harbour Condo. Ass'n, Inc.
  Fla. 2d DCA· 2025-03-21
  A nonparty purchaser at a foreclosure sale lacks standing to file a motion to vacate the underlying foreclosure judgment under Florida Rule of Civil Procedure 1.540(b), which limits such relief to parties or their legal representatives. The DeStefanos' alternative grounds to vaca
• Jacob v. Bais Yisroel Cmty. Ctr. of Tampa Bay, LLC
  M.D. Fla.· 2025-03-17
  The District Court adopted a Magistrate Judge's Report and Recommendation granting plaintiffs' motion for final judgment in garnishment against Bais Yisroel Community Center of Tampa Bay. The court ordered the garnishee (Suncoast Credit Union) to pay plaintiffs up to $250,000 plu
• Dobson v. O'Malley
  M.D. Fla.· 2025-03-14
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
• Brannon v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-14
  The court held that the ALJ failed to adequately articulate reasons for discrediting the claimant's subjective complaints regarding migraine headaches and their triggers, necessitating a remand.
• Wooten v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-14
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
• Stiltner v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-14
  The court held that the ALJ failed to provide sufficient reasoning for the RFC assessment, requiring reversal and remand.
• Fournier, Jr. v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-13
  The court affirmed the Commissioner's decision, finding that the ALJ properly evaluated the medical evidence and the plaintiff's symptoms, and that the decision was supported by substantial evidence.
• Williams v. Cook
  Fla. 5th DCA· 2025-03-07
  A temporary injunction order is legally insufficient and must be reversed and remanded when it fails to contain clear and sufficient factual findings supporting each of the four required elements and fails to require a bond, as mandated by Florida Rule of Civil Procedure 1.610(b)
• Clarke v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-05
  The court held that the ALJ failed to adequately explain the reasoning for finding certain medical opinions unpersuasive, specifically regarding the supportability factor, thus requiring remand.
• Dorsey v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-04
  The court held that new medical evidence submitted to the Appeals Council was new, material, and chronologically relevant, warranting a remand for reconsideration.
• Cassidy v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-04
  The court held that the Administrative Law Judge (ALJ) failed to adequately consider the limitations imposed by the claimant's severe migraine headaches when determining her residual functional capacity (RFC).