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

• Restoration Constr., LLC v. People's Tr. Ins. Co.
  Fla. 4th DCA· 2024-05-22 ·via De Novo Review Of Contract Interpretation
  The majority affirmed summary judgment for PTI, holding that the insureds breached the preferred contractor endorsement by failing to notify PTI before authorizing Restoration to make repairs, resulting in forfeiture of policy benefits. The dissent argued the policy language limi
• Mikov v. Vill. Of Palm Springs
  S.D. Fla.· 2024-05-15
  The District Court adopted a Magistrate Judge's Report and Recommendation, denying the Village of Palm Springs' Motion to Dismiss without prejudice and staying the case pending resolution of a related appeal in the Eleventh Circuit. The court found no clear error in the magistrat
• McDuffie v. Conmed Corp.
  M.D. Fla.· 2024-05-13
  The Court denied Plaintiff's motion to proceed in forma pauperis because the filing fee has now been paid.
• J. F. v. Dep't of Child. & Families & Statewide Guardian Ad Litem
  Fla. 6th DCA· 2024-05-08
  A trial court's finding of "risk of abuse" is not legally sufficient to support an adjudication of dependency; the court must instead find that the parent either abused or neglected the child or engaged in conduct placing the child at substantial risk of imminent abuse. The evide
• McKiver v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-05-07
  The court held that the Administrative Law Judge (ALJ) failed to adequately articulate consideration of the "consistency" factor when evaluating a medical opinion, requiring reversal and remand.
• Adley Dasilva, P.A. v. State of Fla. Dep't of Health
  Fla. 4th DCA· 2024-04-17
  A physician assistant who performs complex plastic surgery procedures without the requisite education, training, and experience violates Florida law prohibiting performance of professional responsibilities the licensee knows or should know he is not competent to perform, even whe
• Commodity Futures Trading Comm'n v. Oasis Int'l Grp.
  M.D. Fla.· 2024-04-08
  The court adopted the Magistrate Judge's report and recommendation, granting the Receiver's motion for a second interim distribution.
• Daigneault v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-04-05
  The Court adopts the Magistrate Judge's Report and Recommendation and grants the Plaintiff's unopposed motion for attorney fees.
• Perryman v. Kiem
  S.D. Fla.· 2024-03-29
  The court affirmed the bankruptcy court's order imposing monetary and non-monetary sanctions against the appellant for unreasonably and vexatiously multiplying proceedings.
• Bruce v. Remick
  M.D. Fla.· 2024-03-15
  The district court affirmed the bankruptcy court's orders, finding no abuse of discretion in dismissing the Chapter 13 case or denying reconsideration.
• Reynolds v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-03-12
  The court affirmed the Commissioner's decision, finding the ALJ's denial of SSI benefits was based on substantial evidence and proper legal standards.
• White v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-03-11
  The court held that the Commissioner's decision denying supplemental security income benefits was supported by substantial evidence and applied the correct legal standard.
• Faiz v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-03-11
  The court affirmed the Commissioner's decision, holding that the ALJ's findings were supported by substantial evidence and that the ALJ properly considered the claimant's impairments and limitations in determining her residual functional capacity.
• Bihary v. Acting Comm'r of Soc. Sec.
  S.D. Fla.· 2024-03-11
  The court accepted the Magistrate Judge's Report and Recommendation, denying Plaintiff's motion for summary judgment and granting Defendant's motion for summary judgment.
• Steele v. Comm'r of Soc. Sec.
  94 F.4th 1263· 11th Cir.· 2024-02-29 ·via De Novo Review Of Legal Questions
  The court held that the decedent's will did not 'provide for' the posthumously conceived child as required by Florida law, thus the child is not eligible for a claim against the estate and not entitled to child's insurance benefits.
• Barreras Jr v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-26
  The court affirmed the Commissioner's decision, holding that the ALJ's Residual Functional Capacity (RFC) assessment was supported by substantial evidence and that the ALJ did not err in failing to further develop the record.
• Davis v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-26
  The court affirmed the Commissioner's decision, finding the ALJ's RFC determination supported by substantial evidence and properly considering medical opinions.
• Collins v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-16
  The court held that the Commissioner's decision denying supplemental security income benefits was supported by substantial evidence and applied the correct legal standard.
• Wellsprings Residence, LLC v. State of Fla. Agency for Healthcare Admin.
  Fla. 6th DCA· 2024-02-16
  The appellate court reviewed an administrative agency's final order against an assisted living facility. The court found the agency improperly rejected or modified factual findings made by an Administrative Law Judge (ALJ) without sufficient legal basis. The court affirmed in par
• McGarry v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15
  The court held that the ALJ's RFC determination was not supported by substantial evidence because it relied on a lay analysis of medical records without citing a supporting medical opinion, thus warranting remand.
• Santana v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
• Olivieri v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15
  The court held that the ALJ's reasons for discounting Dr. Alomar's opinion were not supported by substantial evidence, warranting remand.
• Noseworthy v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards.
• Roca v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15
  The court held that the Appeals Council erred in denying review of additional evidence, finding it material and potentially outcome-changing.
• Williams v. The GEO Grp., Inc.
  S.D. Fla.· 2024-01-31
  The Court accepts the Magistrate Judge's Report and Recommendation, granting the Defendant's Motion to Dismiss and dismissing the Plaintiff's Complaint without prejudice, with leave to amend.
• Bruce v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-01-30
  The court affirmed the ALJ's decision, finding that the plaintiff failed to identify reversible error in the Magistrate Judge's Report and Recommendation.
• Palanchian v. Windstone Prop. Owners Ass'n, Inc.
  Fla. 4th DCA· 2024-01-24
  The association was not bound by the 1996 settlement agreement because it was not a party to the litigation and did not sign the agreement, and the landowners lacked standing to enforce it as non-parties who failed to show the agreement clearly expressed an intent to benefit futu
• Parque Towers Developers, LLC v. Netto
  Fla. 3d DCA· 2024-01-17 ·via De Novo Review Of Contract Interpretation
  This case involves a dispute over condominium purchase agreements. The appellate court found that the developer was not liable for breach of contract for failing to complete units by an estimated date, as the contract did not make time of the essence. However, the court also affi
• Ramsey Zimmerman v. State
  Fla. 5th DCA· 2024-01-12 ·via De Novo Review Of Legal Questions
  The appellate court affirmed the Florida Gaming Control Commission's denial of a Pari-mutuel Wagering Professional Individual Occupational License to Ramsey Zimmerman. Zimmerman's prior felony convictions for grand theft were disqualifying offenses, and the court found insufficie
• State v. Freeman
  Fla. 6th DCA· 2024-01-05
  The State of Florida appealed a trial court's order granting Alvin Viani Freeman III's motion to suppress evidence seized from his home pursuant to a search warrant. The appellate court reversed the trial court's decision, finding that the detective's affidavit contained sufficie
• State v. Freeman
  Fla. 6th DCA· 2024-01-05
  A search warrant affidavit established probable cause when evaluated under the totality-of-the-circumstances standard, and the trial court erred by failing to defer to the issuing magistrate's determination and by analyzing the affidavit's components in isolation rather than as a
• Farmer v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-29
  The Commissioner's decision denying Supplemental Security Income is reversed and remanded because the Administrative Law Judge failed to properly weigh the medical opinions of Dr. Acharjee, specifically the 2020 Medical Source Cardiac Questionnaire, by not considering its support
• Coats v. Cohen
  M.D. Fla.· 2023-12-28
  The Court affirmed the bankruptcy court's decisions, finding no legal errors or clearly erroneous factual findings.
• Jordan v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-21
  The court held that the ALJ failed to properly consider the claimant's subjective complaints of fibromyalgia, relying too heavily on objective evidence and not adequately articulating reasons for discrediting the claimant's statements.
• McQuay v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-21
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards.
• Gorman v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-21
  The court held that the ALJ failed to clearly articulate specific and adequate reasons to discount the plaintiff's subjective complaints of pain, warranting a remand.
• Adams v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-15
  The court held that the Appeals Council did not err in denying review because the new evidence submitted by the plaintiff was not material and did not show a reasonable probability of changing the outcome of the decision.
• DeFrank v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-15
  The court held that the ALJ failed to properly consider the supportability of medical opinions as required by regulation, warranting reversal and remand.
• Butler-Ferguson v. Acting Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-13
  The court held that the Administrative Law Judge (ALJ) failed to properly analyze the plaintiff's fibromyalgia condition under Social Security Ruling 12-2p, warranting reversal and remand.
• Forlizzo v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-13
  The Appeals Council erred in finding that additional medical evidence, submitted after a car accident, did not show a reasonable probability of changing the outcome of the disability decision.
• Rivas v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-05
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, reversing the Commissioner's decision.
• Reckard v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-12-04
  The court held that the ALJ failed to adequately articulate the reasoning for discounting a treating psychologist's opinion, thus reversing and remanding the decision.
• Fresenius Vascular Care, Inc. v. Vasudeva
  M.D. Fla.· 2023-11-28
  The court adopted the Magistrate Judge's Report and Recommendation, granting the unopposed motion for final judgment in garnishment.
• Harrison v. Kimarie Stratos
  Fla. 4th DCA· 2023-11-08 ·via De Novo Review Of Legal Questions
  Board members of a special tax district are entitled to statutory immunity under section 768.28(9)(a) and common law absolute immunity for tort claims arising from their official votes and statements in their capacity as board members, where the board had clear authority under it
• Murphy v. Suarez
  Fla. 4th DCA· 2023-11-01
  The appellate court reversed a trial court's amended modification judgment regarding alimony. The court found the trial court abused its discretion by not making the alimony termination retroactive to the date the modification petition was filed and by improperly offsetting the a
• L&k Creation, LLC v. White Feather Managment, LLC
  Fla. 3d DCA· 2023-10-25
  A trial court has wide discretion to grant or deny a temporary injunction, and an appellate court will not interfere unless the party challenging the decision clearly shows an abuse of that discretion.
• Potts v. Lewis
  Fla. 2d DCA· 2023-10-25
  The appellate court reversed an injunction for protection against stalking, finding that the petitioner's actions, while relentless and potentially offensive, did not meet the statutory definition of "harassment" because they would not cause substantial emotional distress to a re
• Chiaravalle v. State
  Fla. 4th DCA· 2023-10-11 ·via De Novo Review Of Law Application
  The appellate court affirmed the trial court's decision to deny a motion to suppress breath test results in a DUI case. The court found that law enforcement officers substantially complied with the administrative rule requiring a twenty-minute observation period before administer
• Jerue v. Drummond Co., Inc.
  M.D. Fla.· 2023-10-10
  The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion for class certification and granting the defendant's motion to exclude the plaintiff's expert.
• Naranjo v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-09-14
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.