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

• Roll v. USAA Gen. Indem. Co.
  M.D. Fla.· 2020-03-25
  The court held that a motion to dismiss a claim for attorney fees under the Equal Access to Justice Act need not be resolved at the outset of the case and should not be stricken under Rule 12(f).
• J.J. v. State
  Fla. 3d DCA· 2020-03-18
  The appellate court reversed a juvenile's adjudication for marijuana possession, finding that the juvenile's close proximity to cocaine found on a stove did not establish probable cause for his arrest. The court held that mere proximity, without evidence of dominion and control,
• Casanova v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-03-10
  The court held that the ALJ's determination regarding the claimant's ability to communicate in English was not supported by substantial evidence, requiring remand.
• Thompson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-03-05
  The court adopted the Magistrate Judge's report and recommendation, reversing the Commissioner's decision and remanding for further proceedings.
• United States v. $126
  M.D. Fla.· 2020-03-05
  The court adopted the magistrate judge's report and recommendation, granting the government's motions to strike and denying the claimants' motion to dismiss.
• Maddox v. Fla. Dep't of Child. & Families. Cir.: 01 (Escambia) Unit: 88113
  Fla. 1st DCA· 2020-03-04
  A qualified income trust established by an individual's daughter at the individual's direction and upon his request, as stated in the trust document itself, is valid under 42 U.S.C. § 1396p(d)(2)(A)(iv), and the case must be remanded to determine whether the individual had the re
• Est. of Arlene Townsend v. Shumaker Loop & Kendrick, LLP
  M.D. Fla.· 2020-02-27
  The court affirmed the bankruptcy court's order denying disqualification, but vacated the finding that Rule 2014 was not violated, remanding for further proceedings.
• Bouie v. State
  292 So. 3d 471· Fla. 2d DCA· 2020-02-26
  The appellate court reversed a trial court's denial of a "Stand Your Ground" immunity motion. The court held that the "initial provocation" exception to immunity does not apply when the defendant uses force to defend a third party, and that the State failed to prove by clear and
• Dietz v. Comm'r Soc. Sec.
  M.D. Fla.· 2020-02-26
  The court adopted the Magistrate Judge's recommendation to vacate the Commissioner's decision and remand the case for further proceedings.
• Schwarz v. The Villages Charter Sch., Inc.
  M.D. Fla.· 2020-02-19
  The court adopted the Magistrate Judge's Report and Recommendation with modifications, granting in part and denying in part the defendants' motion to dismiss.
• Aiyekusibe v. The Hertz Corp.
  M.D. Fla.· 2020-02-19
  The court accepted and adopted the Magistrate Judge's Report and Recommendation, overruling plaintiffs' objections regarding the notice form for opt-in plaintiffs.
• Gibbs v. MLK Express Servs., LLC
  M.D. Fla.· 2020-02-14
  The Court accepts and adopts the Magistrate Judge's Report and Recommendation in full, denying the parties' joint notice to approve a proposed notice to the class.
• Eres v. Progressive Am. Ins. Co.
  M.D. Fla.· 2020-02-14
  The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion for partial summary judgment and granting the defendant's motion for summary judgment.
• Marek Krysiak v. City of Kissimmee
  Fla. 1st DCA· 2020-02-13 ·via De Novo Review Of Legal Interpretation
  This case involves a workers' compensation claimant appealing a Judge of Compensation Claims' (JCC) order. The appellate court affirmed the denial of the claimant's request for a one-time change of physician, finding the claimant waived this right by accepting treatment from the
• BMG Realty Grp., LLC v. U S Bank Nat'l Ass'n
  Fla. 2d DCA· 2020-02-07 ·via De Novo Review Of Legal Questions
  The appellate court affirmed a foreclosure judgment, holding that the statute of limitations for a mortgage foreclosure does not begin to run when a borrower surrenders the property in bankruptcy. The court found that surrender does not equate to acceleration of the debt, which i
• Clausen v. Remick
  M.D. Fla.· 2020-02-05
  The court held that the bankruptcy court properly dismissed the appellants' case and denied their motion for reconsideration, affirming the bankruptcy court's decision.
• Pickle v. Hale
  Fla. 1st DCA· 2020-01-31 ·via De Novo Review Of Contract Interpretation
  The appellate court affirmed the denial of attorney's fees to Donald Pickle. Pickle's contingency fee agreement stipulated that attorney fees were only payable from proceeds of a recovery, and since the underlying foreclosure case was voluntarily dismissed without any tangible be
• Roor Int'l BV v. Hookah Sensation, LLC
  M.D. Fla.· 2020-01-29
  The court adopted the Magistrate Judge's report and recommendation, denying the motion for default final judgment because the plaintiffs failed to establish proper service of process.
• Hill v. State
  Fla. 1st DCA· 2020-01-21 ·via De Novo Review Of Legal Determinations
  When some grounds of probation violation are upheld and others are invalidated, the order must be reversed and remanded for reconsideration unless the record clearly demonstrates the trial court would have revoked probation based only on the upheld grounds.
• Hill v. State
  Fla. 1st DCA· 2020-01-21 ·via De Novo Review Of Legal Determinations
  When a trial court revokes probation based on multiple violations but one violation is legally insufficient, the court must reverse and remand for reconsideration unless the record clearly shows the court would have revoked based solely on the valid violations.
• Bartolotta v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-01-17
  The court adopted the magistrate judge's report and recommendation, reversing the Commissioner's decision and remanding the case for further administrative proceedings.
• Banks v. The People of the State of Fla.
  M.D. Fla.· 2020-01-09
  The court adopted the magistrate judge's recommendation to deny the plaintiff's affidavit of indigency and dismiss the complaint without leave to amend.
• Villanueva v. State
  Fla. 1st DCA· 2020-01-08
• Reynolds v. Anixter Power Solutions & Travelers Ins. Co.
  Fla. 1st DCA· 2019-12-10 ·via De Novo Review Of Legal Questions
  The appellate court reversed a lower court's decision denying worker's compensation benefits. The court found that an injury sustained by an employee while bowling with co-workers during paid work hours was work-related and compensable under Florida statute.
• Dept. of Child. & Families v. S. M. and R. F.
  Fla. 2d DCA· 2019-11-22 ·via De Novo Review Of Legal Questions
  The Department of Children and Families appealed a trial court's denial of its petition to shelter two children (B.F. and A.F.) from their parents due to allegations of sexual abuse. The Second District Court of Appeal reversed, holding that probable cause existed to shelter the
• Weir v. Comm'r of Soc. Sec.
  M.D. Fla.· 2019-11-12
  The court adopted the Magistrate Judge's recommendation to reverse the Commissioner's decision and remand the case for further proceedings.
• Jones v. State
  Fla. 1st DCA· 2019-10-30
  Trial counsel did not render deficient performance by advising Jones regarding the plea offer, as both defense attorneys testified they recommended he accept the five-year plea deal, and Jones chose to reject their advice based on family influence.
• D'Amato v. Palm River MHP, LLC
  M.D. Fla.· 2019-10-08
  The court approved the FLSA settlement agreement as a fair and reasonable resolution of a bona fide dispute.
• Burkett v. Hickory Foods, Inc.
  M.D. Fla.· 2019-10-08
  The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement and dismissing the case.
• U.S. Commodity Futures Trading Comm'n v. Allied Mkts., LLC
  M.D. Fla.· 2019-10-04
  The court adopted the Magistrate Judge's recommendation to grant in part and deny in part the plaintiff's motion for default judgment, entering a permanent injunction and monetary judgment against Allied Markets, LLC.
• Bauer v. Comm'r of Soc. Sec.
  M.D. Fla.· 2019-09-30
  The court affirmed the Commissioner's decision, holding that the uniformed service exception to the Windfall Elimination Provision (WEP) did not apply to the plaintiff's dual-status military technician position.
• Garcia v. G4S Secure Solutions (USA) Inc.
  M.D. Fla.· 2019-09-20
  The Court adopts the Magistrate Judge's Report and Recommendation, approving the settlement agreement and dismissing the case with prejudice.
• Thomas v. Comm'r of Soc. Sec.
  M.D. Fla.· 2019-09-10
  The court adopted the Magistrate Judge's recommendation to affirm the Commissioner's decision, overruling the plaintiff's objections.
• Smith v. Comm'r of Soc. Sec.
  M.D. Fla.· 2019-09-04
  The court accepts and adopts the Magistrate Judge's Report and Recommendation regarding attorney's fees.
• Schiano v. City of Hollywood Police Deparment/ Emp'r's Mut., Inc.
  Fla. 1st DCA· 2019-08-21
  An employer/carrier is not estopped from asserting a statute of limitations defense where the claimant fails to prove reliance on the carrier's informal email response, and arguments regarding the presuit resolution process that are not raised before the Judge of Compensation Cla
• Friends of Etna Turpentine Camp, Inc. v. United States Fish & Wildlife Serv.
  M.D. Fla.· 2019-08-16
  The court held that the plaintiff was not eligible for attorney's fees and costs because it did not substantially prevail in its Freedom of Information Act suit.
• Erling v. Am. Grille with Sushi LLC
  M.D. Fla.· 2019-08-16
  The court adopted the magistrate judge's recommendation to deny the parties' joint motion to approve settlement.
• Green Emerald Homes v. 21ST Mortg. Corp.
  Fla. 2d DCA· 2019-06-07
  A subsequent purchaser of mortgaged property who owns the property at the time a foreclosure action is filed and is named as a defendant in that action has a due process right to require the foreclosure plaintiff to prove all elements of its cause of action, including the amount
• State v. Dion Renoldo Wilson
  268 So. 3d 927· Fla. 5th DCA· 2019-04-18
  A traffic stop for failure to maintain a single lane is justified when the vehicle is operated in an unusual manner that endangers other vehicles, even if the driver's conduct does not constitute erratic or impaired driving.
• Simmons v. State
  273 So. 3d 116· Fla. 3d DCA· 2019-02-13 ·via De Novo Review Of Sentence Legality
  An upward departure sentence based on the trial court's finding of an escalating pattern of criminal conduct, without jury determination, violates Apprendi and Blakely but constitutes harmless error when the record demonstrates beyond a reasonable doubt that a rational jury would
• Recovery Racing, LLC v. Maserati N. Am., Inc.
  261 So. 3d 600· Fla. 4th DCA· 2019-01-09
  Motor vehicle dealers challenged Maserati's implementation of a new incentive program (2017 program) that replaced previous program payments, arguing it constituted a franchise modification requiring 90-day notice and a fairness hearing under Florida Statute 320.641. The court re
• Recovery Racing, LLC v. Maserati N. Am., Inc.
  261 So. 3d 600· Fla. 4th DCA· 2019-01-09
  In this administrative appeal, the Fourth District Court of Appeal reversed the agency's determination that motor vehicle dealers were entitled to section 320.641 fairness hearings on a manufacturer's new incentive program, while affirming the agency's findings on the fairness of
• New Country Motor Cars of Palm Beach, LLC v. Maserati N. Am., Inc.
  261 So. 3d 600· Fla. 4th DCA· 2019-01-09
  This case involves motor vehicle dealers challenging a manufacturer's new incentive program and a proposed franchise agreement. The appellate court reversed the agency's decision that the dealers were entitled to fairness hearings on the incentive program, finding it did not modi
• Sacks v. The Bank of N.Y. Mellon
  264 So. 3d 938· Fla. 4th DCA· 2018-12-19 ·via De Novo Review Of Legal Questions
  The Fourth District Court of Appeal affirmed a foreclosure judgment against appellants Mark and Barbara Sacks but reversed and remanded regarding the admissibility of payment history records. The court found error in the trial court's admission of payment history that incorporate
• Clemon J. Johnson v. Fla. A & M Univ.
  Fla. 1st DCA· 2018-11-27 ·via De Novo Review Of Contract Interpretation
  An employment contract with a specified term of duration is not terminable at will absent express contractual language permitting early termination. Where a contract specifies an end date and lists grounds for early termination for cause, ambiguities arise when incorporated regul
• Bauchman v. Berta Bauchman
  Fla. 4th DCA· 2018-08-15
• Bank of Am. v. Eastridge
  Fla. 5th DCA· 2018-08-06 ·via De Novo Review Of Legal Questions
  A defendant in default may assert the defense that plaintiff's complaint fails to state a cause of action. Florida Statute Section 95.18 requires seven years of actual, continuous adverse possession without color of title, which may be tacked with predecessors' possession but can
• State v. Bryant Santana Rivera
  249 So. 3d 1314· Fla. 5th DCA· 2018-07-06 ·via De Novo Review Of Sentence Legality
  The State appealed a trial court's decision to withhold adjudication of guilt and impose only one day in jail for a defendant convicted of possession of alprazolam (a third-degree felony). Although the appellate court found the State's arguments regarding statutory violations wel
• State v. Bryant S. Rivera
  Fla. 5th DCA· 2018-07-02 ·via De Novo Review Of Sentence Legality
  A trial court's sentence is reviewed de novo for legality, but appellate review of sentencing errors requires contemporaneous objection at trial unless the error is fundamental.
• Mock v. State
  Fla. 1st DCA· 2018-06-08 ·via De Novo Review Of Sentence Legality
  A defendant has a legitimate expectation of finality in a sentence when the written plea agreement and trial court representations clearly establish the sentencing terms, and an increase in that sentence violates the double jeopardy clause unless the defendant actively misreprese