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

• Lowery v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-04
  The court held that the ALJ failed to comply with the Appeals Council's remand order by not adequately explaining the quantitative limitations in the residual functional capacity assessment.
• Dube v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-04
  The court held that a new psychiatrist's opinion was material and presented with good cause, warranting remand for its consideration.
• Bevel v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-03
  The court affirmed the Commissioner's decision denying supplemental security income benefits, finding it supported by substantial evidence and proper legal standards.
• McElroy v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-03
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
• Foute v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-03
  The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
• McDonald v. O'Malley
  M.D. Fla.· 2025-03-03
  The court held that the ALJ erred by failing to properly consider the medical opinion regarding the necessity of a cane and that this error was not harmless.
• Graham v. Internal Revenue Criminal Investigation Unit
  M.D. Fla.· 2025-02-26
  The court held that the plaintiff's motion to proceed in forma pauperis is denied and the complaint is dismissed.
• Swenson v. Wal-Mart Stores E., L.P.
  Fla. 1st DCA· 2025-02-26
  Dismissal for fraud on the court is an extraordinary remedy requiring clear and convincing evidence of a deliberate scheme to subvert the judicial process. The trial court erred in dismissing Swenson's complaint because the evidence did not support the requisite intent to defraud
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14 ·via De Novo Review Of Legal Questions
  Garcia appealed the revocation of his probation in eleven cases based on a grand theft charge. The court reversed the revocation order, holding that the trial court improperly relied on conduct predating the probation sentence and on conduct not alleged in the violation affidavit
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14 ·via De Novo Review Of Legal Questions
  Garcia challenges the revocation of his probation based on a grand theft charge. The court reversed the revocation order because the trial court relied on conduct predating the probation sentence and conduct not alleged in the violation affidavit, violating established probation
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14 ·via De Novo Review Of Legal Questions
  Rafael Garcia, Jr. challenges the revocation of his probation based on a grand theft charge. The court reversed the revocation order because the trial court found Garcia violated probation based on conduct that predated his probationary sentence and on conduct not alleged in the
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14 ·via De Novo Review Of Legal Questions
  Rafael Garcia, Jr. appealed the revocation of his probation in eleven consolidated cases. The court reversed the revocation order because the trial court based its decision on conduct that predated Garcia's probationary sentence (grand theft on July 29, 2023, before probation beg
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14 ·via De Novo Review Of Legal Questions
  Garcia appeals the revocation of his probation based on a grand theft charge. The court reversed because the trial court improperly revoked probation for conduct (theft on July 29, 2023) that predated Garcia's probationary sentence (imposed November 6, 2023) and for conduct not a
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14 ·via De Novo Review Of Legal Questions
  Rafael Garcia, Jr. appealed the revocation of his probation based on a grand theft charge. The court reversed the revocation order because the trial court improperly revoked probation for conduct that occurred before the probation sentence was imposed and for conduct not alleged
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14 ·via De Novo Review Of Legal Questions
  Rafael Garcia, Jr. challenged the revocation of his probation based on a grand theft of a motor vehicle. The court reversed the revocation order because the trial court based its decision on conduct that predated Garcia's probationary sentence and on conduct not alleged in the vi
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14 ·via De Novo Review Of Legal Questions
  Rafael Garcia, Jr. appealed the revocation of his probation based on a grand theft of a motor vehicle charge. The court reversed the revocation order because the trial court improperly based the revocation on conduct that predated the probation sentence and on conduct not alleged
• Byron-Corbin v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-02-10
  The court adopted the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion and reversing the Commissioner's decision.
• Sans Souci Condo. Ass'n, Inc. v. Am. Coastal Ins. Co.
  Fla. 3d DCA· 2025-02-05
  The trial court properly denied the motion to compel appraisal because the parties had not engaged in a meaningful exchange establishing a disagreement regarding the value of the property or amount of loss. The motion for reconsideration was properly denied because it raised argu
• Francisco v. Pinellas Cnty.
  M.D. Fla.· 2025-02-04
  The district court adopted a magistrate judge's recommendation to grant the defendant Pinellas County's motion for taxation of costs, awarding $5,307.15 in costs. The court corrected a clerical error identifying the movant and adopted the recommendation in part.
• Feaster v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-01-28
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, reversing the Commissioner's decision and remanding the matter for further proceedings.
• Hannesson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-01-27
  The court recommended reversing the Commissioner's decision and remanding the case because the ALJ failed to properly evaluate the plaintiff's migraines under SSR 19-4p at step three of the sequential evaluation process.
• O'Neal v. Am. Shaman Franchise Sys., Inc.
  M.D. Fla.· 2025-01-27
  The court adopted the Magistrate Judge's recommendation to sanction plaintiff's attorney for filing duplicative and vexatious motions, holding him jointly and severally liable for attorney's fees, and admonished him for failing to uphold professional standards.
• Univ. of S. Fla. Bd. of Trs. v. Moore
  Fla. 2d DCA· 2025-01-24
  Class certification was properly granted where students paid fees for on-campus services that the university did not provide during COVID-19 campus closures, and the class definition and representative were appropriate under Florida Rule of Civil Procedure 1.220. The fact that fe
• Dep't of Health v. Chun
  Fla. 1st DCA· 2025-01-23
  An Administrative Law Judge commits a material procedural error when she admits evidence at a hearing, then sua sponte raises and rules on an evidentiary objection after the hearing closes without providing the parties notice or opportunity to be heard. Once evidence is admitted,
• Frier v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-01-21
  Frier appealed the Social Security Administration's decision finding her no longer disabled and denying supplemental security income. The district court affirmed the Commissioner's decision, finding the ALJ applied correct legal standards and the decision was supported by substan
• Clark v. Clark
  Fla. 3d DCA· 2025-01-15 ·via De Novo Review Of Contract Interpretation
  A former husband who stipulates in a final judgment to place his share of marital property proceeds in trust for his son waives his right to equitable distribution, and a constructive trust may be imposed over the property when he fails to fulfill this obligation.
• Alsaloussi v. Drummond
  Fla. 3d DCA· 2025-01-02
  Mohammed Alsaloussi and Alsaloussi Holdings, LLC appealed a trial court's order granting an emergency temporary injunction that prohibited them from liquidating, selling, or disposing of a 2018 Porsche 911 Turbo Classic pending final judgment. The appellate court affirmed the inj
• Lavell Nixon v. State
  Fla. 3d DCA· 2025-01-02
  Lavell Nixon appeals the denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel. Nixon argues his trial counsel should have moved to strike Juror No. 1 for cause based on the juror's statements during voir dire regarding the defendan
• Johnson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-12-26
  The court held that the ALJ failed to provide sufficient reasoning for her RFC assessment by not explaining deviations from persuasive medical opinions and by not clearly accounting for limitations in adapting or managing oneself.
• Garcia v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-12-26
  The court held that the ALJ failed to adequately articulate the specific limitations caused by the claimant's severe migraine impairment in the RFC assessment, warranting remand.
• Ford v. Comm'r for Soc. Sec.
  M.D. Fla.· 2024-12-23
  The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
• Robinson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-12-18
  Robinson sought to reopen a Social Security case, but the district court adopted the magistrate judge's recommendation denying the motion to reopen. The court applied the standard review framework for magistrate judge recommendations under 28 U.S.C. § 636(b)(1).
• Arpaia v. Cap. One, N.A.
  S.D. Fla.· 2024-12-11
  The court held that the credit card agreement unambiguously permits charging interest on annual fees and that the plaintiff failed to state a claim for breach of the implied covenant of good faith and fair dealing under Virginia law.
• Paylan v. State
  Fla. 2d DCA· 2024-12-11
  The postconviction court properly denied Paylan's claims for ineffective assistance of counsel and Brady violations because the trial court's credibility findings were supported by competent substantial evidence and appellate courts cannot reweigh evidence or substitute their jud
• D'Clute v. Fla. Power & Light Co.
  S.D. Fla.· 2024-12-09
  The District Court for the Southern District of Florida accepted a Magistrate Judge's Report and Recommendation regarding a Motion for Sanctions filed by Defendant against Plaintiff D'Clute. The court granted the motion in part and denied it in part, imposing daily sanctions of $
• Clark, Jr. v. Clark, Sr.
  Fla. 5th DCA· 2024-12-06 ·via De Novo Review Of Contract Interpretation
  A lender cannot foreclose without substantially complying with the mortgage's pre-acceleration notice requirement, which must provide notice of default and an opportunity to cure, and must establish the borrower's indebtedness through competent, substantial evidence, including ad
• Fed. Trade Comm'n v. Start Connecting LLC
  M.D. Fla.· 2024-12-03
  The district court adopted a magistrate judge's recommendation and granted a receiver's motion for payment of services and reimbursement of costs in an FTC action against Start Connecting LLC, awarding $104,109.85.
• State v. Howard
  Fla. 6th DCA· 2024-11-27
  A defendant who abandons property while fleeing law enforcement forfeits standing to challenge the subsequent search and seizure of that property under the Fourth Amendment.
• Alexander v. Wells
  M.D. Fla.· 2024-11-25
  A district court adopted a magistrate judge's recommendation to dismiss pro se plaintiff Dominic Alexander's complaint with prejudice for failure to meet Rule 8(a)(2) pleading requirements and denied his motion to proceed in forma pauperis due to incompleteness.
• de la Melena v. Panez
  Fla. 6th DCA· 2024-11-22 ·via De Novo Review Of Legal Interpretation
  The trial court properly denied the father's Hague Convention petition for return of the child to Peru because the mother established the "well settled" exception by showing the child had developed a stable, permanent life in Florida with significant connections to her new enviro
• Johnson v. United States
  S.D. Fla.· 2024-11-18
  In this § 2255 motion to vacate sentence, the District Court accepted the Magistrate Judge's recommendation and denied the movant's Claim 3 after an evidentiary hearing, finding no clear error of fact or law in the magistrate's well-reasoned analysis.
• Harden v. Clearwater Key Ass'n Inc.
  M.D. Fla.· 2024-11-08
  The court adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's amended complaint without prejudice.
• Wiggins o/b/o H.C. v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-11-08
  The court held that the Appeals Council erred in denying review of the ALJ's decision based on new evidence, as the teacher questionnaire was chronologically relevant and potentially material to the disability determination.
• Dyer, III v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-10-28
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and applied the correct legal standard, affirming the Commissioner's decision.
• Conde v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-10-28
  The court affirmed the Commissioner's decision, finding the ALJ properly evaluated medical opinions and RFC, supported by substantial evidence.
• Howard Ave. Station, LLC v. The Dubliner, Inc.
  M.D. Fla.· 2024-09-30
  The district court affirmed the bankruptcy court's judgment, holding that the HAS Lease was ambiguous and that the bankruptcy court's factual finding that the parties did not intend to include the disputed area was not clearly erroneous.
• Ortiz v. Kane
  M.D. Fla.· 2024-09-30
  The district court affirmed the bankruptcy court's judgment, holding that the HAS Lease was ambiguous and that the bankruptcy court's factual finding that the parties did not intend to include the disputed area in the lease was not clearly erroneous.
• Torolopez v. State
  Fla. 3d DCA· 2024-09-16
  A trial court must properly apply the Younghans factors and Rule 3.691 when deciding whether to grant a supersedeas bond, and cannot rely on conclusory findings, mischaracterizations of conduct, or the nature of the offense alone without grounding its decision in specific facts a
• Harrison v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-16
  The court affirmed the Commissioner's decision denying benefits, adopting the Magistrate Judge's recommendation and overruling the plaintiff's objections.
• Lozano v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-12
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and proper legal standards, affirming the Commissioner's determination.