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

• Royal Palm Vill. Residents, Inc. v. Slider
  M.D. Fla.· 2021-09-29
  The court held that attorney's fees are awardable under the Florida Mobile Home Act (FMHA) only for claims seeking to enforce its provisions, and not for claims labeled as RICO or FDUTPA even if they incorporate FMHA violations. Fees were denied under the Florida RICO statute due
• Morris v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-28
  The court held that the ALJ's determination that the claimant's subjective complaints were not entirely consistent with the medical evidence was not supported by substantial evidence.
• Hiveley v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-24
  The court held that the ALJ's decision to rely on the vocational expert's testimony was supported by substantial evidence, as the hypothetical question adequately encompassed the claimant's limitations.
• Johnson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-22
  The court held that the Administrative Law Judge (ALJ) erred in finding the medical opinions of treating physicians unpersuasive, as substantial evidence in the record supported those opinions.
• Milbry v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-22
  The court held that the ALJ's reasons for finding Dr. Rodriguez-Castro's opinion unpersuasive were not supported by substantial evidence, and the ALJ failed to evaluate PA Koehne's medical opinion.
• McCloud v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-21
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and proper legal standards, and that the Appeals Council did not err in denying review of new evidence or in its application of Social Security Ruling 11-1p.
• Sepulveda v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-21
  The court affirmed the Commissioner's decision, finding the ALJ applied the correct legal standards and that substantial evidence supported the denial of disability benefits.
• Hall v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-20
  The court affirmed the Commissioner's determination that the plaintiff was not disabled.
• Freeswick v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-17
  The court held that the ALJ's decision was not supported by substantial evidence regarding the claimant's height and its impact on Listing 3.02A, and the ALJ's handling of Dr. Pyle's opinion on upper extremity limitations also lacked substantial evidence.
• Farah v. Meade
  11th Cir.· 2021-09-08 ·via De Novo Review Of Legal Questions
  Hassan Farah, a Somali refugee with multiple criminal convictions, challenged his deportation order on several grounds, including claims that his controlled-substance and assault convictions were not removable offenses and that he was entitled to withholding of removal or protect
• Jackman v. 20th Jud. Cir. Court Admin.
  M.D. Fla.· 2021-09-08
  The court adopted the magistrate judge's recommendation to dismiss the action without prejudice because the plaintiff failed to comply with court orders and prosecute his claims.
• Colony Ins. Co. v. MagneGas Welding Supply-Southeast, LLC
  M.D. Fla.· 2021-09-07
  The court adopted the Magistrate Judge's recommendation to grant in part and deny in part the motion for taxation of costs.
• Kapron v. Xing Yong Sheng Inc.
  M.D. Fla.· 2021-09-07
  The Court adopts the Magistrate Judge's Report and Recommendation, approving the FLSA settlement and dismissing the case with prejudice.
• Tate v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-07
  The court affirmed the Commissioner's decision denying supplemental security income benefits, finding the ALJ's decision supported by substantial evidence.
• Dulude v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-03
  The court held that the ALJ failed to properly consider the claimant's mental impairments and fibromyalgia in the RFC assessment, necessitating a reversal and remand.
• State Farm Mut. Auto. Ins. Co. v. Washington
  Fla. 2d DCA· 2021-09-03 ·via De Novo Review Of Legal Questions
  Prepaid expert deposition fees that were refundable at the time a settlement proposal was served are not taxable costs for purposes of calculating the "judgment obtained" under section 768.79(6)(b), and thus cannot be included to determine whether the plaintiff exceeded the 25 pe
• Basile v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-03
  The court affirmed the Commissioner's decision, finding the ALJ properly considered the claimant's impairments and residual functional capacity, and that any error in step two was harmless.
• Winchester v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-03
  The court held that the Administrative Law Judge (ALJ) failed to properly consider the medical opinion of Dr. Barr and the claimant's diagnosis of Complex Regional Pain Syndrome (CRPS) under Social Security Ruling (SSR) 03-2p.
• Lapham v. Fla. Fish & Wildlife Conservation Comm'n
  M.D. Fla.· 2021-08-27
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendants because the plaintiff failed to establish that he requested an accommodation under the ADA and Rehabilitation Act.
• Kaintz v. The Goodman Grp., Inc.
  M.D. Fla.· 2021-08-23
  The court grants final approval of the class settlement, adopting the Magistrate Judge's report and recommendation in part.
• Ortiz v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-08-23
  The court held that the ALJ's hypothetical question to the vocational expert was proper and supported by substantial evidence, affirming the denial of benefits.
• Robinson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-08-20
  The court held that the Appeals Council erred in refusing to consider new evidence from a vocational expert that was chronologically relevant and potentially material to the claimant's disability determination.
• Hines v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-08-20
  The court held that the ALJ's reason for discrediting the claimant's subjective complaints of pain and tenderness was not supported by substantial evidence.
• Cohen v. Kellogg
  M.D. Fla.· 2021-08-17
  The district court affirmed the bankruptcy court's decision, holding that the motor home qualified as the debtor's exempt homestead.
• South v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-08-17
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, granting the petition for EAJA fees in part.
• Gavric v. Regal Auto. Grp., Inc.
  M.D. Fla.· 2021-08-10
  The Court accepts and adopts the Magistrate Judge's Report and Recommendation, granting the Defendant's motion for attorneys' fees and costs.
• Blalock v. Allergan, Inc.
  M.D. Fla.· 2021-08-10
  A district court may permit amendment to add a non-diverse defendant after removal when the four-factor test weighs in favor of joinder: the amendment's purpose is not to defeat jurisdiction, the plaintiff was not dilatory, the plaintiff would suffer significant injury without jo
• Rayburn v. Allergan Sales, LLC
  M.D. Fla.· 2021-08-10
  The court held that plaintiffs should be permitted to amend their complaints to join a non-diverse defendant, and that the cases should be remanded to state court.
• Wozniczka v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-08-04
  The court affirmed the Commissioner's decision, finding the ALJ's determination regarding Dr. McGraw's opinion was supported by substantial evidence and any errors regarding Dr. Rubin's opinion were harmless.
• Kuehn v. Cambridge Vill. Ass'n, Inc.
  M.D. Fla.· 2021-08-03
  The court adopted the Magistrate Judge's Report and Recommendation, denying the Defendant's motion for attorney's fees.
• Duffey v. Surfside Coffee Co., LLC
  M.D. Fla.· 2021-07-23
  The court denied the parties' joint motion for judicial approval of their settlement agreement and dismissal with prejudice, without prejudice to refiling.
• Barnum v. S2 Residential
  M.D. Fla.· 2021-07-23
  The court adopted the Magistrate Judge's recommendation to compel arbitration of the plaintiff's claims, denying the motion to dismiss but granting a stay pending arbitration.
• Ain Jeem, Inc. v. The Individuals
  M.D. Fla.· 2021-07-19
  The court adopted the Magistrate Judge's Report and Recommendation, granting the defendant's motion for miscellaneous relief and dissolving the temporary restraining order.
• Scayles v. Jacksonville Cardiovascular Ctr., PL
  M.D. Fla.· 2021-07-09
  The court adopted the Magistrate Judge's Report and Recommendation, overruling defendants' objections and accepting the third amended complaint as operative.
• Hannah v. Armor Corr. Health Servs., Inc.
  M.D. Fla.· 2021-06-29
  The court adopted the magistrate judge's report and recommendation, granting the plaintiff's motion to enforce the settlement agreement and denying the defendants' motion.
• Marrero v. State Farm Fire & Cas. Co.
  M.D. Fla.· 2021-06-22
  The Court adopts the Magistrate Judge's recommendation to grant the defendant's motion to dismiss.
• Surgery Ctr. Holdings, Inc. v. Guirguis
  Fla. 2d DCA· 2021-06-11
  The trial court erred in concluding that physicians did not violate a nonsolicitation provision prohibiting treatment of former patients of Tampa Pain Relief Center during a twenty-four-month restricted period without written consent, where evidence showed the doctors treated 644
• Dep't of Agric. & Consumer Servs. v. The Henry & Rilla White Found., Inc.
  Fla. 1st DCA· 2021-06-10
  The Foundation was an eligible School Food Authority during the applicable period because it had been authorized since 2012 to administer the National School Lunch Program at the facilities with DJJ's permission and DACS's approval, and DACS failed to demonstrate a conflict of in
• Carter v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-06-08
  The court adopted the Magistrate Judge's recommendation to grant the plaintiff's petition for EAJA fees.
• Murphy v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-06-03
  The court held that the ALJ's failure to assign weight to the opinions of the plaintiff's treating physicians, despite the voluminous nature of the medical records, constituted reversible error.
• Fla. Dep't of Bus. & Prof'l Reg. v. Target Corp.
  Fla. 1st DCA· 2021-05-19 ·via De Novo Review Of Legal Questions
  The appellate court affirmed an administrative law judge's (ALJ) decision invalidating a Florida administrative rule that defined "customarily sold in a restaurant" for liquor license purposes. The court found the rule was an invalid exercise of delegated legislative authority be
• Millan v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-05-19
  The Court adopts the Magistrate Judge's recommendation to grant the unopposed motion for judgment, reversing and remanding the case for further evaluation of benefits.
• Fla. Dep't of Bus. & Prof'l Reg. v. Walmart Inc.
  323 So. 3d 786· Fla. 1st DCA· 2021-05-19 ·via De Novo Review Of Legal Questions
  The Florida First District Court of Appeal affirmed an administrative law judge's (ALJ) decision invalidating a proposed rule by the Division of Alcoholic Beverages and Tobacco. The proposed rule defined items "customarily sold in a restaurant" for liquor license purposes, but th
• Koop v. Miami Shores Vill.
  Fla. 1st DCA· 2021-05-11
  The appellate court affirmed the Public Employees Relations Commission's (PERC) decision, holding that Joshua Koop was not entitled to veterans' preference for a promotion because he had already received one promotion after returning from military service. This ruling clarifies t
• Marfut v. Charlotte Cnty.
  M.D. Fla.· 2021-05-03
  The court adopted the magistrate judge's recommendation to dismiss the case without prejudice for failure to prosecute.
• Ferguson v. State
  Fla. 1st DCA· 2021-04-30
  The appellate court affirmed the trial court's denial of a postconviction motion. The defendant argued his trial counsel was ineffective for failing to seek a mistrial when he was seen in shackles and for failing to suppress the victim's identification. The court found the decisi
• Walton Plantation Master Ass'n, Inc. v. Opo, LLC
  Fla. 1st DCA· 2021-04-21 ·via De Novo Review Of Contract Interpretation
  The appellate court reviewed a trial court's award of attorney's fees to OPO, LLC. While OPO prevailed on some issues, the court reversed the award of fees for issues where OPO successfully argued the contract (Declaration) did not apply to its property, as a party cannot claim f
• Gudynowski v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-04-19
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, granting the Plaintiff's unopposed petition for EAJA fees.
• Wiand v. Arduini
  M.D. Fla.· 2021-04-16
  The Court accepts and adopts the Magistrate Judge's Report and Recommendation, granting the Receiver's motions for taxation of costs.
• Finlaw v. Finlaw
  320 So. 3d 844· Fla. 2d DCA· 2021-04-16 ·via De Novo Review Of Contract Interpretation
  This case concerns the interpretation of a partnership agreement's provisions regarding the disposition of a partner's interest upon death. The court affirmed the trial court's decision that the decedent's attempted devise of her partnership interest to her grandson was invalid b