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

• Culwell v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-04-07
  The Commissioner's decision denying disability benefits is affirmed because the ALJ's findings were supported by substantial evidence and proper legal standards, including proper consideration of medical opinions and the claimant's bipolar disorder.
• Frye v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-04-07
  The court held that the Administrative Law Judge's (ALJ) decision denying Supplemental Security Income (SSI) was supported by substantial evidence and proper legal standards, affirming the Commissioner's decision.
• Simmons v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-04-04
  The Commissioner's decision was reversed and remanded for the Administrative Law Judge to further evaluate medical opinion evidence from Dr. Freedman and Dr. Kasprzak, focusing on supportability and consistency factors.
• Humphries v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-21
  The court held that the ALJ failed to properly evaluate a physician assistant's opinion and the claimant's subjective allegations, requiring remand.
• Trove Brands, LLC v. JH Studios, Inc.
  M.D. Fla.· 2022-03-18
  The court adopted the Magistrate Judge's recommendation to grant in part and deny in part the motion for attorney's fees, awarding $40,677.88.
• Ronald E. Sholes, P.A. v. Campbell
  M.D. Fla.· 2022-03-16
  The court adopted the Magistrate Judge's recommendation to grant Plaintiff's motion for default judgment against defaulted defendants.
• Lineback v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-11
  The court affirmed the Commissioner's decision denying supplemental security income, adopting the Magistrate Judge's report and recommendation.
• Thomas v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-07
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
• Cruz v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-04
  The court held that the ALJ erred by failing to develop the record by not obtaining prior claims files, necessitating a remand. However, new evidence submitted under sentence six was not sufficient for remand under that provision.
• Garcia Sanchez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-04
  The court held that while the ALJ erred in failing to address an apparent conflict between a job's reasoning level and the claimant's RFC limitation to simple tasks, this error was harmless because other identified jobs did not present such a conflict and were supported by substa
• Mancuso v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-01
  The Court adopts the Magistrate Judge's recommendation to reverse and remand the Commissioner's decision.
• Bradford v. Ancient City Grp. LLC
  M.D. Fla.· 2022-02-22
  The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement and dismissing the case with prejudice.
• McCray v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-17
  The court held that the ALJ erred by failing to fully consider the medical records and whether the plaintiff's hip condition persisted for a 12-month period, potentially supporting a closed period of disability.
• State v. Kunkemoeller
  Fla. 1st DCA· 2022-02-09
  A downward departure sentence must be supported by either a valid statutory ground or a non-statutory ground that is supported by competent, substantial evidence and does not circumvent statutory requirements. The trial court's reliance on restitution need, minor participant stat
• Cisneros v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-07
  The Court held that the Magistrate Judge correctly determined the Administrative Law Judge's error was not harmless, as the ALJ failed to make specific findings regarding the number of jobs available to the plaintiff.
• Torres v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14
  The court held that the ALJ erred in assigning little weight to Dr. Zincone's opinion and in departing from the VA's disability determination without sufficient justification.
• Vollmer v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14
  The court affirmed the Commissioner's decision, finding the ALJ properly considered the claimant's subjective complaints and medical evidence.
• Barth v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14
  The court held that the ALJ failed to adequately articulate specific and adequate reasons for discrediting the claimant's subjective complaints of pain, particularly regarding the consideration of her pain medication and its side effects.
• Zaragoza v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14
  The court affirmed the Commissioner's decision, finding the ALJ properly evaluated the medical evidence and opinions, and that any errors were harmless.
• Lewis v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14
  The court held that the Administrative Law Judge's (ALJ) determination that certain medical opinions were only "somewhat persuasive" was not supported by substantial evidence, requiring reversal and remand.
• Davis v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-14
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
• Maddox v. Brady J. Trombetta
  Fla. 2d DCA· 2022-01-05 ·via De Novo Review Of Legal Questions
  The appellate court reversed a trial court's cost award in a negligence action. The court held that a plaintiff who recovers a judgment significantly less than the defendant's offer of judgment is only entitled to costs incurred before the offer was made, not all costs incurred t
• Poblano v. Russell Cellular, Inc.
  M.D. Fla.· 2022-01-03
  The court adopted the Magistrate Judge's Report and Recommendation, approving the parties' proposed settlement agreement and notice.
• Johnston v. N. Fla. Reforestation Servs., Inc.
  M.D. Fla.· 2022-01-03
  The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement and dismissing the case with prejudice.
• Stillings v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-12-21
  The court granted the Commissioner's motion to dismiss the petition for a writ of mandamus and declaratory judgment.
• United States Sec. & Exch. Comm'n v. Wellcare Health Plans, Inc.
  M.D. Fla.· 2021-12-21
  The court adopted the magistrate judge's report and recommendation, granting the SEC's motion and approving the distribution plan.
• Walker-Trew v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-12-13
  The court held that the ALJ failed to properly consider and weigh the medical opinions of Dr. Cotton, and the Appeals Council improperly rejected additional evidence.
• Sesler v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-12-13
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and applied the correct legal standard.
• Fackelman v. Saul
  M.D. Fla.· 2021-12-13
  The court held that the ALJ properly considered the claimant's obesity and the medical opinions of record, and substantial evidence supports the Commissioner's decision denying disability benefits.
• Sanchez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-12-10
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
• Jones v. State
  Fla. 1st DCA· 2021-11-24 ·via De Novo Review Of Legal Questions
  The appellate court affirmed the denial of a motion to suppress evidence found on the appellant. The court found that while the deputy should have sought the appellant's consent for alcohol assistance, this procedural failure did not warrant suppression of the evidence, as the Ma
• Makere v. Allstate Ins. Co.
  M.D. Fla.· 2021-11-22
  The court adopted the Magistrate Judge's recommendation to deny the application to proceed without prepayment of fees as moot and dismiss the case without prejudice.
• State v. Downs
  Fla. 2d DCA· 2021-11-12
  The appellate court reversed and remanded a postconviction relief order because the lower court failed to make specific factual findings and legal conclusions. This failure prevented the appellate court from conducting a proper review of the lower court's decision to vacate the d
• Bolton v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-10
  The court held that the ALJ's finding that Dr. Schindler's opinion was unpersuasive was supported by substantial evidence, and the Commissioner's decision to deny benefits is affirmed.
• Carter v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-10
  The court held that the Administrative Law Judge (ALJ) properly considered the claimant's pain and that the Commissioner's decision denying disability benefits was supported by substantial evidence and applied the correct legal standard.
• Paulk v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-10
  The court held that the ALJ properly evaluated the medical evidence of pain and that the Commissioner's decision denying disability benefits is supported by substantial evidence.
• Welch v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-05
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the claimant was not disabled was supported by substantial evidence and based on proper legal standards.
• Master Collision Repair, Inc. v. Waller
  Fla. 1st DCA· 2021-11-03 ·via De Novo Review Of Contract Interpretation
  The appellate court reversed a lower court's judgment, finding that an employer properly terminated an employee for cause. The employee's use of a racial slur and offensive conduct violated company policy, and the employment agreement allowed for immediate termination under such
• Polite v. Vplace P'rs, LLC
  M.D. Fla.· 2021-11-01
  The court adopted the Magistrate Judge's report and recommendation, approving the parties' settlement agreement and dismissing the case with prejudice.
• Carlton v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-28
  The court affirmed the Commissioner's decision, finding that the additional medical evidence submitted by the plaintiff was not chronologically relevant to the period at issue and therefore did not need to be considered by the Appeals Council.
• Reynolds v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-28
  The court held that the Appeals Council's denial of review was not supported by substantial evidence regarding new mental health evidence, warranting remand.
• McCloud v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-27
  The court held that the ALJ's boilerplate language regarding the claimant's subjective complaints was insufficient to allow for meaningful review, requiring reversal and remand.
• Asgaard Fund, L.P. v. MM80 Oceanside Holdings, LLC
  Fla. 3d DCA· 2021-10-27
  An unissued or undelivered promissory note is binding on the maker under Florida Statute § 673.1051(2), and nondelivery is a defense that must be affirmatively pleaded; because the defendant failed to raise nondelivery as an affirmative defense, the notes were enforceable.
• Coke v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-27
  The court held that the ALJ properly considered the medical evidence and vocational expert testimony, and that the Commissioner's denial of disability benefits was supported by substantial evidence.
• Khan v. Panjwani
  S.D. Fla.· 2021-10-19
  The district court affirmed the bankruptcy court's orders granting relief from the automatic stay and abstaining from hearing the adversary proceeding, finding no abuse of discretion.
• Chong v. Comm'r Soc. Sec.
  M.D. Fla.· 2021-10-19
  The Court adopts the Magistrate Judge's recommendation to grant the unopposed request for attorney's fees.
• The United States v. Fed. Ins. Co.
  M.D. Fla.· 2021-10-04
  The court adopted the Magistrate Judge's recommendation to compel arbitration and stay the case pending arbitration proceedings.
• Jimenez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-01
  The court held that the Administrative Law Judge's decision to assign limited weight to the opinions of Dr. Cooper and Dr. Barber was supported by substantial evidence and proper legal standards. The court affirmed the Commissioner's denial of disability benefits.
• Jaramillo v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-01
  The court held that the ALJ's reasons for discounting the plaintiff's subjective complaints regarding urinary problems and fatigue were not supported by substantial evidence.
• Walls v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-30
  The court held that the ALJ did not err by failing to order a consultative mental examination because the record, as developed, contained substantial evidence supporting the denial of disability benefits.