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
-
The trial court properly determined that Haas breached the General Terms and Conditions of Sale by failing to execute the required purchase and sale contracts after being the high bidder at the auction, and that the Foxes were intended third-party beneficiaries entitled to retain
-
243 So. 3d 985·
Fla. 4th DCA·
2018-04-04
Loss of companionship and protection for a spouse and loss of parental companionship and guidance for a child are non-economic damages subject to the statutory limitation of $250,000 per claimant under section 766.207, and therefore cannot be awarded as separate economic damages
-
240 So. 3d 769·
Fla. 4th DCA·
2018-03-21
A special deputy appointed to a gang task force lacks authority to conduct routine traffic stops outside the scope of undercover investigative work, and the state's failure to present evidence demonstrating the stop was task force-related mandates reversal of the conviction.
-
Fla. 5th DCA·
2018-01-29
A licensed real estate broker acts solely in the capacity of a real estate licensee when managing rental properties and collecting rents and security deposits, even if the property management agreement includes reduced fees or exists within a multi-faceted business relationship w
-
The court held that the father's failure to strictly comply with Florida Rule of Judicial Administration 2.516 mandates reversal of the sanctions order.
-
212 So. 3d 486·
Fla. 1st DCA·
2017-02-24
In this dissolution of marriage case, the Florida appellate court reversed the trial court's determination that a 3.5-acre parcel of real property was entirely a marital asset. The court held that when a spouse acquires an interest in property before marriage and later acquires a
-
204 So. 3d 508·
Fla. 4th DCA·
2016-08-03
MonarchCare, Inc., a professional guardian, appeals a trial court order reducing its hourly fee rate from $95 to $45 per hour for guardianship services. The Fourth District Court of Appeal reversed, finding that while the court did not abuse its discretion in finding justificatio
-
Jeffrey Williams appealed the denial of unemployment benefits after being discharged by the City of Winter Haven for violating city policy. The Florida District Court of Appeal reversed, holding that an isolated violation based on good faith error does not constitute misconduct u
-
2016 U.S. Dist. LEXIS 27256·
M.D. Fla.·
2016-03-03
The court adopted the magistrate judge's recommendation, denying the defendant's motion to dismiss or for summary judgment, finding the plaintiff's complaint timely filed.
-
General Commercial Properties appeals the trial court's calculation of attorney's fees in an eminent domain proceeding brought by the Florida Department of Transportation. The court affirms the use of DOT's 2012 regular acquisition offer (rather than its 2005 Early Acquisition Pr
-
Carvajal appeals a trial court's order upholding an arbitration award that included a ruling on attorney's fees. The court holds that Carvajal did not expressly waive his statutory right under Florida law to have a court decide attorney's fees issues, and that merely requesting a
-
443 B.R. 176·
M.D. Fla.·
2011-01-06
The court held that funds in a debtor's bank account on the date of filing a Chapter 7 petition are property of the bankruptcy estate, even if checks written pre-petition have not yet cleared.
-
The appellate court affirmed the Board's denial of certain mileage expenses, finding the claimant failed to meet her burden of proof. However, the court reversed the Board's denial of attorney's fees for the claimant's partial success in defending against the employer's petition
-
406 B.R. 407·
M.D. Fla.·
2009-03-25
The district court affirmed the bankruptcy court's decision, holding that the IRS failed to meet its burden of proof to establish the nondischargeability of the debtors' 2004 tax liability.
-
404 B.R. 942·
M.D. Fla.·
2008-07-15
The district court affirmed the bankruptcy court's order granting relief from the automatic stay to allow the Tax Court to proceed and denying the debtor's motion to determine tax liability, finding no abuse of discretion.
-
977 So. 2d 733·
Fla. 1st DCA·
2008-03-25
The Florida Department of Highway Safety and Motor Vehicles challenged an administrative law judge's determination that Florida Administrative Code rule 15C-7.005, which regulated unauthorized motor vehicle dealerships, was invalid. The appellate court affirmed, holding that the
-
In this negligence case, the appellate court affirmed summary judgment for a cellular company, holding that a property owner who hires an independent contractor owes no duty to the contractor's employee injured off the owner's premises when the dangerous condition is not on the o
-
937 So. 2d 804·
Fla. 5th DCA·
2006-09-15
Ramos appealed the denial of his motion to suppress cocaine found during a vehicle search, claiming his consent to the search was not voluntary. The trial court found the consent voluntary based on the officer's testimony, and the appellate court affirmed because competent, subst
-
Del.·
2006-07-11
The Superior Court's judgment upholding the Industrial Accident Board's denial of workers' compensation benefits is reversed. The court held that the Board erred in its application of the law by not applying the correct legal standard to determine the claimant's employment status
-
316 B.R. 371·
S.D. Fla.·
2004-09-08
The court held that the bankruptcy court's finding of no willfulness was clearly erroneous because the debtor paid other creditors despite knowing withholding taxes were due.
-
The court held that the Bankruptcy Court erred in finding that Marino was not a responsible person who willfully failed to pay over trust fund taxes, and that she had the authority and ability to control corporate finances.
-
259 B.R. 388·
M.D. Fla.·
2001-03-05
A trustee is not time-barred from challenging the value of property claimed as exempt if the stated exemption does not equal the property's full value.
-
Jose Ortiz was convicted of robbery with a weapon after a jury trial. On appeal, he challenged the trial judge's denial of his motion to suppress statements he made to police, arguing he had requested an attorney. The appellate court affirmed, finding the trial judge properly res
-
249 B.R. 324·
S.D. Fla.·
2000-05-22
A signed Treasury Form 4549, prepared by the IRS with taxpayer cooperation and consent, qualifies as a 'return' under both the Tax Code and the Bankruptcy Code for dischargeability purposes.
-
232 B.R. 806·
M.D. Fla.·
1999-04-19
The court held that a reorganization plan cannot be confirmed if the debtor's initial bankruptcy petition was filed in bad faith, and that artificially impairing classes of creditors to secure confirmation votes violates the Bankruptcy Code.
-
230 B.R. 441·
M.D. Fla.·
1999-02-10
The court held that the bankruptcy court's findings of fact were not clearly erroneous and that the claimants were entitled to customer status under SIPA.
-
721 So. 2d 1192·
Fla. 1st DCA·
1998-11-17
Robert Williams appeals his conviction following a nolo contendere plea, challenging the trial court's denial of his motion to suppress evidence from a traffic stop based on an anonymous tip. The court reversed, holding that the anonymous tip lacked sufficient independent corrobo
-
The court held that the IRS abused its discretion in rejecting the debtor's amended tax returns and that a paid tax amount cannot constitute a claim in bankruptcy.
-
186 B.R. 539·
S.D. Fla.·
1995-09-05
An unsigned tax return is not considered 'filed' for purposes of the Bankruptcy Code's non-dischargeability provisions until it is properly signed. Therefore, the tax liability is non-dischargeable if the return was filed less than two years before the bankruptcy petition.
-
176 B.R. 255·
M.D. Fla.·
1994-11-29
The court held that Bankruptcy Code § 502(b)(7) limits claims for damages from termination of employment contracts to one year's compensation, regardless of whether the contract was executory or the termination predated the bankruptcy filing.
-
A tax deficiency is not considered 'assessed' for priority purposes under 11 U.S.C. § 507(a)(7)(A)(iii) until the protest and judicial review process is concluded, meaning the tax was assessable after the commencement of the bankruptcy case.
-
S.D. Fla.·
1993-10-27
The bankruptcy court did not abuse its discretion in entering default judgment against the appellants for discovery violations, nor did it err in denying their demand for a jury trial on equitable claims.
-
A lawful permanent resident cannot count time spent in the U.S. illegally to meet the seven-year lawful domicile requirement for discretionary relief from deportation under INA § 212(c).
-
The court held that the officer's statement to the suspect, explaining the reason for the arrest based on a direct observation, did not constitute the functional equivalent of a custodial interrogation under Miranda v. Arizona.
-
The court held that the bankruptcy court did not err in valuing the collateral, but erred in denying the RTC's second unsecured claim because the first loan's principal and interest consumed the collateral's value, leaving the second loan unsecured.
-
The court held that while threats to an employee's career for opposing a drug testing policy constitute unfair labor practices, minor interferences like temporary T-shirt prohibitions and bans on literature distribution by an outside political organization do not violate the Nati
-
996 F.2d 506·
2d Cir.·
1993-05-24
The court affirmed the district court's adoption of the special master's report regarding reinsurance coverage and liability, but reversed and remanded on the issue of joint and several liability and attorneys' fees.
-
991 F.2d 634·
10th Cir.·
1993-04-14
The court held that a Border Patrol stop 235 miles from the border on a route passing through multiple towns was not within a "reasonable distance" under 8 U.S.C. § 1357(a)(3), rendering the stop unreasonable under the Fourth Amendment.
-
The court held that the district court erred by relying on an unpublished order and an incomplete factual record when denying a Sentencing Guidelines reduction for escape from a non-secure facility.
-
988 F.2d 1181·
Fed. Cir.·
1993-03-10
The court affirmed the Board of Patent Appeals and Interferences' decision that the claims corresponding to the interference count were unpatentable for obviousness. The court clarified that claims not identically corresponding to the count must be separately assessed for patenta
-
986 F.2d 154·
6th Cir.·
1993-02-19
An untimely proof of claim filed by a priority creditor who lacked notice of the bankruptcy proceedings is entitled to priority distribution, provided it is filed before estate distribution and without bad faith.
-
The court held that the open fields doctrine permits law enforcement to enter and search fields without a warrant, even on private property, and does not require probable cause or reasonable suspicion.
-
147 B.R. 597·
M.D. Fla.·
1992-11-16
The court held that attorney's fees incurred due to termination of an employment contract are subject to the limitation imposed by § 502(b)(7) of the Bankruptcy Code, and that the Bankruptcy Court did not err in applying this limitation on remand.
-
151 B.R. 952·
M.D. Fla.·
1992-11-02
The district court affirmed the bankruptcy court's determination that the Gidleys' 1986 federal income tax liability was not dischargeable because it was a priority claim under the Bankruptcy Code.
-
The majority effectively granted transactional immunity for virtually all federal crimes by broadly interpreting a nonprosecution clause in a use-immunity agreement, which the dissenting judge believes was not the parties' intent.
-
972 F.2d 116·
5th Cir.·
1992-09-14
A single adult can be the head of a family for Texas rural homestead purposes, entitling them to a 200-acre exemption if dependent family members reside with and rely on them for support.
-
The court held that the concurrent use of the applicant's orange-colored thermoplastic sheath mark and prior registrations of orange strands in wire rope is not likely to cause confusion.
-
A shipowner has no duty to intervene to correct a dangerous condition created by a repair company if the repair company's judgment in not remedying the condition is not obviously improvident.
-
The court held that the bankruptcy court did not err in refusing to allow the debtor to withdraw his objection to the IRS's proof of claim.
-
The court held that the Secretary breached his fiduciary duty by failing to consider relevant economic factors when approving communitization agreements, rendering them invalid and causing certain leases to expire.