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

• In re Caldwell v. Caldwell
  851 F.2d 852· 6th Cir.· 1988-07-14 ·cited 24×
  The court held that the district court's decision vacating the bankruptcy court's confirmation of a Chapter 13 plan was unreviewable because it failed to make explicit findings of fact or conclusions of law, and thus remanded for the district court to perform its appellate duty.
• Beisler v. Commissioner OF Internal Revenue
  814 F.2d 1304· 9th Cir.· 1987-04-09 ·cited 24×·via De Novo Review Of Legal Questions
  Payments from the NFL Player Retirement Plan are not excludable from gross income under 26 U.S.C. § 105(c) because the plan does not compute benefits with reference to the type and severity of the injury, as required by § 105(c)(2).
• Ins. Co. OF N. Am. v. Howard
  679 F.2d 147· 9th Cir.· 1982-06-07 ·cited 24×·via De Novo Review Of Contract Interpretation
  The court held that the 'owned and occupied' clause in a homeowner's policy is a representation of the property's status at the time of issuance, not a condition requiring continuous occupancy, and that renting the home occasionally does not constitute a 'business' use excluded f
• Hollywood Towers Condo. Ass'n, Inc. v. Hampton
  40 So. 3d 784· Fla. 4th DCA· 2010-06-23 ·cited 23×·via De Novo Review Of Legal Questions
  The Florida Fourth District Court of Appeal reversed a trial court's denial of injunctive relief sought by a condominium association to access a unit owner's condominium to repair structural damage to her balcony. The court adopted a deferential standard of review for condominium
• United States v. Mesa
  247 F.3d 1165· 11th Cir.· 2001-04-11 ·cited 23×
  Pedro Pablo Mesa appealed his drug trafficking sentence following a remand for more detailed factual findings on whether he qualified for an organizer/leader enhancement under U.S.S.G. § 3B1.1(a). The Eleventh Circuit affirmed the district court's finding that Mesa was an organiz
• Boston Edison Co. v. Fed. Energy Regulatory Comm'n
  856 F.2d 361· 1st Cir.· 1988-09-06 ·cited 23×·via De Novo Review Of Legal Questions
  The court held that the contract language unambiguously foreclosed recovery of plant addition interest costs (PAI) and that FERC correctly excluded extrinsic evidence. The court also affirmed FERC's authority to order refunds for improperly billed PAI charges, notwithstanding a c
• Karastan Edwards v. U.S. Attorney General
  56 F. 4th 951· 11th Cir.· 2024-03-06 ·cited 22×·via De Novo Review Of Legal Questions
  Karastan Edwards, a Jamaican lawful permanent resident, challenged a removal order based on his 2012 conviction for family violence battery in Georgia. The Eleventh Circuit Court of Appeals held that Edwards was properly classified as removable due to an "aggravated felony" convi
• K.V. v. State
  832 So. 2d 264· Fla. 4th DCA· 2002-12-11 ·cited 22×·via De Novo Review Of Legal Questions
  The court held that the trial court erred in admitting hearsay testimony, and this error was not harmless because the statement was incriminating and the sole identification witness.
• United States v. Bull
  901 F.2d 647· 8th Cir.· 1990-04-09 ·cited 22×·via De Novo Review Of Legal Interpretation
  A threat constitutes a crime of violence under Sentencing Guideline § 4B1.1 if it has as an element the threatened use of physical force, regardless of the perpetrator's contemporaneous ability to carry out the threat. The extent of a downward departure is not appealable.
• Olimpia Lazo-Majano v. Immigr. & Naturalization Serv.
  813 F.2d 1432· 9th Cir.· 1987-04-02 ·cited 22×·via De Novo Review Of Legal Questions
  The court held that the appellant suffered persecution on account of political opinion, entitling her to asylum and withholding of deportation.
• Blake v. State
  939 So. 2d 192· Fla. 5th DCA· 2006-10-06 ·cited 21×·via De Novo Review Of Law Application
  Timothy Blake appeals from a conviction for introducing contraband into a detention facility, challenging the denial of his motion to suppress evidence obtained from a search of his person and vehicle. The Florida Fifth District Court of Appeal affirms, holding that the officer's
• Padgett v. State
  73 So. 3d 902· Fla. 4th DCA· 2011-11-16 ·cited 20×·via De Novo Review Of Legal Questions
  The appellate court held that the detective's hearsay testimony was inadmissible and the error was not harmless, requiring a new trial.
• Alba Fito v. Attorneys' Title Ins. Fund, Inc.
  83 So. 3d 755· Fla. 3d DCA· 2011-08-10 ·cited 20×
  Attorneys' Title Insurance Fund sued appellants for unjust enrichment after they received approximately $2.35 million in fraudulently obtained funds from real estate transactions involving inflated purchase prices. The court reversed the judgment, holding that Attorneys' Title fa
• Burkey v. State
  922 So. 2d 1033· Fla. 4th DCA· 2006-03-01 ·cited 20×·via De Novo Review Of Legal Questions
  Carl Burkey was convicted of sale and delivery of cannabis and possession of cannabis after a jury trial. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court reversibly erred by excluding non-hearsay testimony that the defendant
• Barnard v. Collins
  958 F.2d 634· 5th Cir.· 1992-04-03 ·cited 20×·via De Novo Review Of Legal Questions
  The court held that the Texas capital sentencing statute, as applied, did not unconstitutionally prevent the jury from considering mitigating evidence, and that Barnard's claims of ineffective assistance of counsel lacked merit.
• In re Meade Land & Dev. Co.
  527 F.2d 280· 3d Cir.· 1975-12-15 ·cited 20×·via De Novo Review Of Legal Questions
  The court held that the Bankruptcy Judge's fee award could not be sustained due to inadequate time records and remanded for redetermination based on supported hours, and that certain non-legal services could be compensable if they constituted necessary legal advice.
• Hayet Naser Gomez v. Fuenmayor
  812 F.3d 1005· 11th Cir.· 2016-02-05 ·cited 19×
  The Eleventh Circuit affirmed the district court's denial of a mother's petition to return her daughter to Venezuela under the Hague Convention on the Civil Aspects of International Child Abduction, holding that serious threats and violence directed against a parent can constitut
• Spann v. State
  985 So. 2d 1059· Fla.· 2008-07-03 ·cited 19×
  Anthony Spann was convicted of first-degree murder and sentenced to death in the 1997 killing of Kazue Perron during a carjacking. On appeal from the denial of a Rule 3.851 postconviction motion, the Florida Supreme Court affirmed the trial court's rejection of Spann's ineffectiv
• Health Options, Inc. v. Palmetto Pathology Servs., P.A.
  983 So. 2d 608· Fla. 3d DCA· 2008-04-16 ·cited 19×·via De Novo Review Of Contract Interpretation
  Health Options, Inc. (HOI), a health maintenance organization, appeals a directed verdict finding it liable to Palmetto Pathology Services (PPS), a group of pathologists, for unpaid professional pathology services rendered to HOI members. The Florida appellate court affirmed, hol
• Stephens v. State
  975 So. 2d 405· Fla.· 2007-11-15 ·cited 19×
  Jason Demetrius Stephens appeals the denial of postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the denial of all relief, finding that trial counsel's perform
• Lawyers Title Ins. Co., Inc. v. Novastar Mortg., Inc.
  862 So. 2d 793· Fla. 4th DCA· 2003-11-26 ·cited 19×
  Lawyers Title Insurance Company appeals a judgment awarding coverage under a title insurance policy issued to NovaStar Mortgage for losses stemming from NovaStar's inability to enforce a mortgage lien. The court reverses, holding that the absence of a note does not render a mortg
• State v. Kip Allen Shaw
  784 So. 2d 529· Fla. 1st DCA· 2001-04-26 ·cited 19×·via De Novo Review Of Law Application
  The State appealed the suppression of firearms found in a vehicle trunk. The court reversed the suppression order because the trial court may have based its ruling on a misunderstanding of law regarding the deputy's subjective intent, holding that subjective intent is irrelevant
• Maldonado-Cruz v. U.S. Dep't of Immigr. & Naturalization
  883 F.2d 788· 9th Cir.· 1989-08-24 ·cited 19×·via De Novo Review Of Legal Questions
  The court should not make factual determinations regarding credibility; the case should be remanded for such findings by the fact finder.
• United States v. Schiek
  806 F.2d 943· 9th Cir.· 1986-12-22 ·cited 19×·via De Novo Review Of Sentence Legality
  The court held that an indictment specifying the amount of attempted fraud provides sufficient notice for a restitution order, even if it doesn't state the exact dollar amount of actual damages, as long as the restitution does not exceed the indictment amount or the proven actual
• Holywell Corp. v. Bank of N.Y.
  59 B.R. 340· S.D. Fla.· 1986-03-20 ·cited 19×
  The court affirmed the bankruptcy court's orders approving substantive consolidation and confirming the plan of reorganization, finding no reversible error.
• Pratte v. Nat'l Labor Relations Bd.
  683 F.2d 1038· 7th Cir.· 1982-07-08 ·cited 19×·via De Novo Review Of Legal Questions
  The court held that the plaintiff's reliance on the government's job offer was unjustified, thus failing to establish a claim for equitable estoppel.
• B.L.R. v. State
  74 So. 3d 173· Fla. 1st DCA· 2011-11-16 ·cited 18×·via De Novo Review Of Legal Questions
  A juvenile appealed his disposition order committing him to a maximum-risk facility after violating probation. The Florida appellate court reversed, holding that the trial court failed to comply with E.A.R. v. State by not articulating the specific characteristics of opposing res
• State v. Rodriguez
  904 So. 2d 594· Fla. 5th DCA· 2005-06-17 ·cited 18×
  The State appeals a suppression order after a traffic stop of Frankie Rodriguez yielded cocaine. The trial court ruled Rodriguez had not violated any traffic laws and his driving did not justify a stop, but the appellate court reversed, holding that Rodriguez's erratic driving pa
• Panama City Beach Cmty. Redev. Agency v. State
  831 So. 2d 662· Fla.· 2002-10-17 ·cited 18×
  The Florida Supreme Court reversed a trial court's denial of bond validation for a Panama City Beach Community Redevelopment Agency, holding that the city council's legislative finding that the redevelopment area was blighted was supported by substantial, competent evidence and e
• United States v. Wessells
  936 F.2d 165· 4th Cir.· 1991-06-11 ·cited 18×·via De Novo Review Of Legal Interpretation
  The court held that the defendant's waiver of his right to appeal was not knowing and intelligent, and that the district court did not err in grouping offenses for sentencing purposes.
• Gamber v. Bowen
  823 F.2d 242· 8th Cir.· 1987-07-10 ·cited 18×
  The court held that the government's position was not substantially justified, entitling the claimant to attorney fees under the Equal Access to Justice Act.
• In re Boomgarden
  780 F.2d 657· 7th Cir.· 1985-12-19 ·cited 18×
  The court held that the bankruptcy court's order lifting the automatic stay was a final order, and that the debtor was afforded due process and that the bankruptcy court did not abuse its discretion in lifting the stay.
• The Cincinnati GAS & Elec. Co. v. Fed. Energy Regulatory Comm'n
  724 F.2d 550· 6th Cir.· 1984-01-10 ·cited 18×·via De Novo Review Of Legal Questions
  The court held that BMCI, a newly formed entity, did not qualify as a 'Buckeye Member' under the plain language and intent of the 1968 Power Delivery Agreement, as it lacked the substantive operational characteristics of the original member cooperatives.
• United States Blood Bank, Inc. v. Agency FOR Workforce Innovation c/o Dep't of Revenue
  85 So. 3d 1139· Fla. 3d DCA· 2012-03-21 ·cited 17×
  United States Blood Bank, Inc. appealed an unemployment compensation tax rate increase imposed by the Agency for Workforce Innovation after a merger where employees were transferred between predecessor and successor entities. The court affirmed the rate increase, finding that com
• State v. Quinn
  41 So. 3d 1011· Fla. 5th DCA· 2010-08-06 ·cited 17×
  The court held that law enforcement officers had reasonable suspicion to make an investigatory stop based on the totality of the circumstances, including an anonymous tip corroborated by the defendant's presence with a safe at 3:00 a.m. in a residential neighborhood.
• United States v. Shaw
  936 F.2d 412· 9th Cir.· 1991-06-11 ·cited 17×·via De Novo Review Of Legal Questions
  The court held that the term 'cocaine base' in 21 U.S.C. § 841(b) and U.S.S.G. § 2D1.1 refers to smokable forms like 'crack' or 'rock cocaine,' not specifically requiring a hydroxylion.
• Tapia v. Tansy
  926 F.2d 1554· 10th Cir.· 1991-03-05 ·cited 17×
  The court held that the loss of preliminary hearing tapes, the sealing of an affidavit, the submission of a second-degree murder instruction on an accessory theory, the admission of allegedly perjured testimony, and ineffective assistance of counsel did not violate the defendant'
• Keith v. Volpe
  833 F.2d 850· 9th Cir.· 1987-12-03 ·cited 17×·via De Novo Review Of Legal Interpretation
  The court held that routine, day-to-day monitoring by a plaintiff's counsel can constitute duplication of effort, even when a separate monitoring entity exists.
• Richard Derouin & KIM Derouin v. Universal Am. Mortg. Co., LLC
  254 So. 3d 595· Fla. 2d DCA· 2018-08-22 ·cited 16×·via De Novo Review Of Contract Interpretation
  Compliance with the federal face-to-face meeting requirement of 24 C.F.R. § 203.604 is a condition precedent to filing a foreclosure action on an FHA-insured loan. When a mortgagor specifically denies that the mortgagee complied with this requirement, the burden shifts to the mor
• United States v. Shano
  955 F.2d 291· 5th Cir.· 1992-02-26 ·cited 16×·via De Novo Review Of Legal Questions
  The court held that unlawful possession of a firearm by a felon is not a crime of violence under U.S.S.G. § 4B1.2, and therefore cannot serve as the basis for a career offender enhancement. The court also held that the district court's upward departure for supervised release lack
• In re Kolstad v. Kolstad
  928 F.2d 171· 5th Cir.· 1991-04-10 ·cited 16×·via De Novo Review Of Legal Questions
  The bankruptcy court did not abuse its discretion in permitting the IRS to amend a debtor-filed proof of claim, even after the bar date, because the amendment did not assert a new claim and the debtor could not unilaterally control the claim amount.
• United States v. Tartaglia
  864 F.2d 837· D.C. Cir.· 1989-01-06 ·cited 16×
  The court held that exigent circumstances justified the warrantless search of the defendant's train roomette and knapsack because the train's imminent departure and the likelihood of evidence removal created a reasonable necessity for immediate action.
• Brouwers v. Bowen
  823 F.2d 273· 8th Cir.· 1987-07-20 ·cited 16×
  The court held that the district court did not abuse its discretion in denying attorney's fees under the EAJA because the Secretary's position was substantially justified.
• Casper v. Commissioner OF Internal Revenue
  805 F.2d 902· 10th Cir.· 1986-11-18 ·cited 16×
  The court affirmed the Tax Court's grant of summary judgment for the Commissioner and upheld the award of damages, also imposing an additional sanction for the frivolous appeal.
• Calvin v. Commissioner OF Internal Revenue
  753 F.2d 35· 6th Cir.· 1985-01-15 ·cited 16×
  The court held that the Tax Court correctly determined that beneficial ownership of the complex passed to the partnership on October 28, 1975, and that the Walters' late filing was due to willful neglect, not reasonable cause.
• Sw. Stationery & Bank Supply, Inc. v. Harris Corp.
  624 F.2d 168· 10th Cir.· 1980-06-27 ·cited 16×·via De Novo Review Of Contract Interpretation
  The court held that the purchase order unambiguously required written acceptance by the seller, and that the trial court did not abuse its discretion in refusing to amend the pleadings to include claims not properly raised.
• Miller v. State
  161 So. 3d 354· Fla.· 2015-02-26 ·cited 15×
  Lionel Michael Miller, convicted and sentenced to death for the first-degree murder of a 72-year-old woman with Alzheimer's dementia, appeals the denial of his Rule 3.851 motion to vacate his conviction and sentence. The Florida Supreme Court affirmed the postconviction court's d
• State v. DeLUCA
  40 So. 3d 120· Fla. 1st DCA· 2010-07-16 ·cited 15×
  Florida appealed a suppression order that excluded evidence obtained from Stephen DeLuca's detention, arguing that officers had reasonable suspicion based on a detailed 911 call from a crime victim. The court reversed, holding that the trial court erroneously classified the infor
• Sherman v. Myron K. Sherman
  279 So. 3d 188· Fla. 4th DCA· 2019-09-25 ·cited 14×·via De Novo Review Of Legal Questions
  Valerie Sherman appealed the trial court's denial of her motion to amend the final judgment in a partition action, seeking an award of costs against her brother Myron under Florida Statute § 57.041(1). The trial court incorrectly applied a "prevailing party" standard rather than
• Arauz v. State
  171 So. 3d 160· Fla. 3d DCA· 2015-07-22 ·cited 14×
  The appellate court affirmed the trial court's denial of the defendant's motion to dismiss based on the Stand Your Ground law, finding sufficient evidence supported the trial court's factual findings and legal conclusions.