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

• Ritchie v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-11
  The court held that the Administrative Law Judge (ALJ) erred by failing to articulate the specific functional limitations caused by the claimant's severe migraine headaches and their impact on the Residual Functional Capacity (RFC) assessment. The decision of the Commissioner is
• Mitchell v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-11
  The court affirmed the Commissioner's decision, finding that any error in the ALJ's RFC assessment and hypothetical was harmless because the identified jobs did not require more than the established limitations.
• Bush v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-10
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was no longer disabled.
• Brown v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-10
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff's disability ended and she was capable of performing light work.
• Fazio v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-10
  The court held that the Administrative Law Judge's (ALJ) determination that the plaintiff did not meet the paragraph C criteria for Listing 12.15 was not supported by substantial evidence, requiring reversal and remand.
• Slater v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-08-27
  The court held that the Commissioner's decision denying supplemental security income benefits was supported by substantial evidence and the correct legal standard was applied.
• Acevedo v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-08-26
  The court held that the ALJ failed to properly evaluate the opinion of Dr. Grant and failed to adequately articulate reasons for discrediting the plaintiff's subjective complaints of pain, requiring remand.
• Bay Point Cap. P'rs II, LP v. Thomas Switch Holding, LLC
  113 F.4th 1304· 11th Cir.· 2024-08-26
  The Eleventh Circuit affirmed the bankruptcy court's valuation of a bitcoin mining property, finding no clear error in classifying it as a special purpose property with bitcoin mining as its highest and best use, and upholding the use of the cost approach for valuation.
• White v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-08-26
  The court held that the Administrative Law Judge's decision denying disability benefits was supported by substantial evidence and applied the correct legal standard.
• Sosa Leon v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-08-22
  This case involves judicial review of the Social Security Administration's denial of Sosa Leon's claim for disability benefits and supplemental security income. The district court affirmed the Commissioner's decision, finding that the Administrative Law Judge applied correct lega
• State v. Darien A. Hauter
  Fla. 5th DCA· 2024-08-19
  A downward departure from the minimum sentence required by Florida's sentencing guidelines is permissible only when circumstances or factors reasonably justify mitigation and are supported by a preponderance of the evidence. A plea agreement that does not jointly recommend a depa
• Castrenze v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-08-16
  The court accepted the Magistrate Judge's report and recommendation, denying the plaintiff's motion to remand and affirming the Commissioner's decision to deny benefits.
• Lochren v. Horne LLP
  M.D. Fla.· 2024-08-09
  The court adopted the Magistrate Judge's report and recommendation, granting the parties' motion for initial approval of their collective action settlement agreement.
• Johnson v. United States
  M.D. Fla.· 2024-08-08
  Johnson filed a civil rights complaint against federal prison officials and the Bureau of Prisons. The district court adopted a magistrate judge's recommendation, granting in part and denying in part a motion to dismiss, allowing Johnson's Bivens claims against two individual def
• Cooper v. State
  Fla. 1st DCA· 2024-08-07
  Trial counsel rendered ineffective assistance by failing to object to inadmissible hearsay testimony regarding the amount of damages, which was the State's only evidence of an essential element of the burglary charge. The deficient performance was prejudicial because there was a
• Boca View Condo. Ass'n, Inc. v. Lepselter
  Fla. 4th DCA· 2024-07-31 ·via De Novo Review Of Legal Interpretation
  A party's challenge to prevailing party status must be raised on appeal from the order denying the motion for rehearing that addressed the fee entitlement claim, or it is waived; therefore, the trial court lacked jurisdiction to consider a successive motion on that issue. Paraleg
• Odonoghue v. Gufford
  M.D. Fla.· 2024-07-29
  The District Court for the Middle District of Florida accepted and adopted a Magistrate Judge's Report and Recommendation dismissing plaintiff Odonoghue's complaint without prejudice for lack of prosecution. The plaintiff did not file objections to the recommendation within the s
• Trettis v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-15
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence.
• Harmon v. Acting Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-15
  The court held that the ALJ failed to adequately consider the episodic nature of the plaintiff's bipolar disorder and other mental impairments when assessing his residual functional capacity, and therefore, the decision is reversed and remanded.
• Shumate v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-15
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
• Bell v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-15
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
• Olcikas v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards, because the plaintiff failed to challenge the ALJ's initial finding of no severe impairment.
• Brown v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court held that the ALJ's rejection of the plaintiff's subjective complaints was not supported by substantial evidence, requiring reversal and remand.
• Olivares v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's RFC assessment and credibility findings.
• Shuba v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court held that the ALJ failed to adequately consider medical opinions from Dr. Marshall and Dr. Lopez-Nunes, warranting reversal and remand.
• Brown v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court held that the ALJ erred by failing to adequately account for the severity of the plaintiff's migraine headaches in the residual functional capacity assessment, necessitating a remand.
• Harris v. Comm'r Soc. Sec. Admin.
  M.D. Fla.· 2024-07-12
  The court held that the Commissioner's denial of disability benefits was supported by substantial evidence and proper legal standards were applied.
• Nicholson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court held that the ALJ erred by posing hypothetical questions to the vocational expert that did not accurately reflect the claimant's limitations and by relying on job numbers not specific to the relevant time period, requiring remand.
• Dubie v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court held that the Administrative Law Judge (ALJ) failed to adequately articulate specific reasons for discounting the claimant's subjective complaints of daily headaches and their impact on his functional ability to work. Therefore, the decision is reversed and remanded.
• Saffold v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court affirmed the Commissioner's decision, finding that the ALJ properly considered the claimant's processing speed and that the Appeals Council did not err in refusing to consider new evidence without good cause.
• Barlet v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court held that the ALJ erred in affording little weight to Dr. Williamson's opinions by relying on irrelevant or contradictory evidence and by failing to properly consider the fluctuating nature of mental disorders.
• Hall v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
• Cascio v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-07-12
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled and that the ALJ properly assessed the plaintiff's residual functional capacity.
• Johnston v. Johnston
  Fla. 2d DCA· 2024-07-10 ·via De Novo Review Of Contract Interpretation
  A prenuptial agreement provision stating that all jointly owned real property at the time of divorce constitutes marital property subject to equitable distribution controls over general provisions protecting separate property contributions, and a spouse who contributes separate f
• Gudynowski v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-28
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff's disability ended on April 1, 2017.
• Rosario v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-27
  The ALJ's failure to mention or assign weight to a treating physician's opinion, without articulating reasons, constitutes reversible error, requiring remand.
• Joe Hand Promotions, Inc. v. Williams
  M.D. Fla.· 2024-06-26
  The court adopted the Magistrate Judge's Report and Recommendation, overruling the defendants' objections and denying the motion to set aside the Clerk's default.
• Montmarquet v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-26
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the claimant was not disabled.
• Mostacci v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-26
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the child's impairments did not meet, medically equal, or functionally equal the severity of Listing 112.05(B).
• Limonar Dev., LLC v. Miami-Dade Cnty.
  Fla. 3d DCA· 2024-06-26 ·via De Novo Review Of Legal Questions
  Limonar Development challenged Miami-Dade County's final agency action regarding comprehensive plan amendments. The appellate court affirmed the lower court's decision, applying the deferential 'fairly debatable' standard of review to legislative planning decisions.
• Tropical Audubon Soc'y v. Miami-Dade Cnty.
  Fla. 3d DCA· 2024-06-26 ·via De Novo Review Of Legal Questions
  A nonresident foreign manufacturer may be subject to personal jurisdiction in Maine when it has an exclusive distributor relationship with knowledge of the distributor's Maine sales territory, actively participates in advertising and receives quarterly sales reports, and derives
• Winston v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-25
  Winston seeks judicial review of the Social Security Administration's denial of her disability and supplemental security income claim. The district court affirms the Commissioner's decision, finding that the ALJ applied correct legal standards and the decision was supported by su
• Velazquez Mendez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-21
  The court held that the Commissioner's decision finding the plaintiff no longer disabled was supported by substantial evidence and applied the correct legal standards.
• Pride v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-21
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and correct legal standards, and that any potential error in determining the disability onset date was harmless.
• Wallbush v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-21
  The court held that the ALJ erred in failing to properly evaluate the claimant's fibromyalgia under Social Security Administration Ruling 12-2p, and this error was not harmless.
• Price v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-21
  The court held that the ALJ's RFC assessment was not supported by substantial evidence because it failed to adequately account for the frequency and severity of the claimant's headaches and their impact on her ability to sustain work without excessive absences or being off-task.
• Xbto Mining, LLC v. Crypto Caverns LLC
  Fla. 3d DCA· 2024-06-19
  A trial court does not abuse its discretion in granting a temporary mandatory injunction when the record supports the required elements.
• Sonoga v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-06
  The court granted the Commissioner's unopposed motion to reverse and remand the decision.
• Larrazabal v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-04
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, affirming the Commissioner's decision to deny benefits.
• White v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-04
  The Court accepts and adopts the Magistrate Judge's Report and Recommendation, granting the Plaintiff's Petition for Attorney Fees.