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

• State v. Othmane Ameqrane
  39 So. 3d 339· Fla. 2d DCA· 2010-05-21 ·cited 14×
  The State appealed a trial court order suppressing evidence from a DUI investigation, arguing that a police officer had reasonable suspicion to conduct field sobriety tests based on observed signs of impairment. The appellate court reversed, holding that the officer's observation
• Syvasky Lafayette Poyner v. Murray
  964 F.2d 1404· 4th Cir.· 1992-05-08 ·cited 14×·via De Novo Review Of Legal Determinations
  The court held that the defendant's statement was a request for clarification, not an invocation of his right to counsel, and that even if it were, his subsequent statements reinitiated interrogation and constituted a knowing and intelligent waiver of his rights.
• Zimmerman v. H.E. Butt Grocery Co.
  932 F.2d 469· 5th Cir.· 1991-06-03 ·cited 14×·via De Novo Review Of Legal Questions
  Oral promises of lifetime employment are barred by the Texas statute of frauds, and an employee handbook, absent an express agreement to discharge only for cause, does not modify the at-will employment doctrine.
• United States v. Florentino
  922 F.2d 1443· 10th Cir.· 1990-12-28 ·cited 14×·via De Novo Review Of Legal Questions
  The court held that the Sentencing Guidelines permit prior convictions for transporting illegal aliens to be counted both for increasing the offense level and for determining the criminal history category, and that this is not impermissible double counting.
• Lowery v. Ill. Cent. Gulf R.R. Co.
  891 F.2d 1187· 5th Cir.· 1990-01-16 ·cited 14×·via De Novo Review Of Legal Questions
  The court held that the plaintiff was not an employee under FELA and was a licensee/trespasser under state law, but that the rescue doctrine claim should be reconsidered.
• Betty and Stanley Ross v. W. Fid. Ins. Co.
  872 F.2d 665· 5th Cir.· 1989-05-11 ·cited 14×·via De Novo Review Of Contract Interpretation
  The court held that the infant's heart defect was not a pre-existing condition excluded by the policy, and the insurer could not deny coverage based on the 'sickness' clause or misrepresentation. The fraud claim based on the agent's representations was allowed to proceed.
• In re Ebbler Furniture & Appliances, Inc. v. Alton Banking & Tr. Co.
  804 F.2d 87· 7th Cir.· 1986-10-23 ·cited 14×
  The court held that 'value' under 11 U.S.C. § 547(c)(5) should be measured by wholesale cost when determining if a secured creditor improved its position at the expense of other creditors.
• United Transp. Union v. Dole
  797 F.2d 823· 10th Cir.· 1986-06-27 ·cited 14×·via De Novo Review Of Legal Questions
  The court held that the acquisition of existing sleeping quarters by a railroad was not equivalent to 'construction' prohibited by the Hours of Service Act, as amended, and its regulations.
• The First Nat'l Bank IN Sioux Falls v. Nat'l Bank OF S.D. & all its Branches using the name of First Bank of S.D. (N.A.)-Sioux Falls
  667 F.2d 708· 8th Cir.· 1981-12-29 ·cited 14×·via De Novo Review Of Legal Questions
  The court held that the Comptroller's approval of a national bank's name change was not arbitrary, capricious, or contrary to law, and that the bank had no proprietary right to the word 'first'.
• Quillen v. Quillen
  247 So. 3d 40· Fla. 1st DCA· 2018-05-03 ·cited 13×·via De Novo Review Of Contract Interpretation
  A consent final judgment of dissolution of marriage that provides for offsetting child support and alimony obligations contains a latent ambiguity regarding the continuation of alimony after the child support obligation terminates, where the judgment fails to specify what happens
• Medco Data, LLC v. Bailey
  152 So. 3d 105· Fla. 2d DCA· 2014-11-26 ·cited 13×·via De Novo Review Of Legal Questions
  The court held that the trial court erred by failing to apply the statutory presumption of irreparable injury when considering a motion for temporary injunction to enforce a restrictive covenant.
• Tolbert v. State
  114 So. 3d 291· Fla. 4th DCA· 2013-05-01 ·cited 13×·via De Novo Review Of Legal Questions
  Cecil Tolbert was convicted of armed kidnapping and sexual battery based primarily on DNA evidence matching him to the victim's samples. The appellate court found that the trial court erred in admitting hearsay testimony from DNA analyst Baird summarizing another analyst's 1996 D
• Preudhomme v. Garth Bailey
  82 So. 3d 138· Fla. 4th DCA· 2012-02-22 ·cited 13×
  In this family law appeal, the Fourth District Court of Appeal affirmed most of the trial court's dissolution judgment but reversed on three key issues: the classification and division of Grace Kennedy stock held in Jamaica, the failure to determine whether Jamaican real property
• State v. Hunt
  14 So. 3d 1035· Fla. 2d DCA· 2009-05-22 ·cited 13×·via De Novo Review Of Law Application
  Florida appeals a trial court's order suppressing statements made by Arthur Lee Hunt after he reinitiated dialogue with detectives following an invocation of his Miranda rights. The appellate court reverses, holding that when a suspect initiates further communications after invok
• McCANN v. Walker
  852 So. 2d 366· Fla. 5th DCA· 2003-08-15 ·cited 13×·via De Novo Review Of Legal Questions
  The appellate court affirmed the trial court's summary judgment compelling the former wife to return the parties' minor children to Florida with her, finding the modified final judgment of dissolution was ambiguous and required interpretation.
• Butler-Bey v. Frey
  811 F.2d 449· 8th Cir.· 1987-02-10 ·cited 13×·via Plenary Review Of Legal Conclusions
  Prison regulations prohibiting headwear, restricting meeting attendance, and limiting funding for religious materials did not violate prisoners' free exercise or equal protection rights, as they were based on legitimate penological and security concerns.
• Mohammad Sidiq and Josefina Sidiq v. Tower Hill Select Ins. Co.
  276 So. 3d 822· Fla. 4th DCA· 2019-07-31 ·cited 12×·via De Novo Review Of Contract Interpretation
  An assignment of insurance benefits that uses broad language ("any and all insurance rights, benefits, proceeds and any causes of action") is limited in scope to the specific services performed when the entire contract is read together and contains language indicating the assignm
• Pinkard v. State
  185 So. 3d 1289· Fla. 5th DCA· 2016-02-26 ·cited 12×·via De Novo Review Of Sentence Legality
  Appellant Pinkard was convicted of manslaughter, aggravated assault with a firearm, and shooting into an occupied vehicle following a road rage incident that resulted in a fatal shooting. On appeal, Pinkard challenged the consecutive sentencing imposed on his shooting-into-an-occ
• Metro-Dade Invs. v. Granada Lakes Villas Condo., Inc.
  74 So. 3d 593· Fla. 2d DCA· 2011-11-23 ·cited 12×·via De Novo Review Of Legal Questions
  Metro-Dade Investments and Santa Barbara Landings Property Owner's Association appealed a trial court's denial of their motion to appoint a receiver over Granada Lakes Villas Condominium Association. The appellate court reversed, holding that trial courts possess inherent equitab
• Chapman v. Fla. Unemployment Appeals Comm'n
  15 So. 3d 716· Fla. 1st DCA· 2009-07-13 ·cited 12×
  Cynthia Chapman appealed a denial of unemployment benefits based on her alleged unavailability for work due to school attendance and minimal job search. The Florida District Court of Appeal reversed and remanded, finding that some of the referee's factual conclusions lacked compe
• Orlando Reg'l Healthcare Sys., Inc. v. Florida Birth-Related Neurological
  997 So. 2d 426· Fla. 5th DCA· 2008-10-31 ·cited 12×·via De Novo Review Of Legal Interpretation
  Orlando Regional Healthcare System appeals an administrative decision denying compensation for a newborn's brain injury under Florida's Birth-Related Neurological Injury Compensation Plan. The court reversed, holding that the ALJ misinterpreted the statutory phrase "resuscitation
• Gaffney v. Gaffney
  965 So. 2d 1217· Fla. 4th DCA· 2007-09-26 ·cited 12×
  A Florida appellate court reversed a trial court's award of lump-sum alimony to Wife in a dissolution of marriage case, holding that the marital component of Husband's FRS pension accumulated during the marriage constituted a marital asset subject to equitable distribution, despi
• F.J.R. v. State
  922 So. 2d 308· Fla. 5th DCA· 2006-02-17 ·cited 12×·via De Novo Review Of Law Application
  F.J.R., a juvenile passenger in a lawfully stopped vehicle, appeals his conviction for cocaine possession and resisting an officer without violence. The court reversed, holding that the deputy lacked reasonable suspicion or objective safety concerns to order an innocent passenger
• United States v. Roberts
  980 F.2d 645· 10th Cir.· 1992-11-25 ·cited 12×·via De Novo Review Of Legal Interpretation
  The court held that the burden is on the government to prove weapon possession by a preponderance of the evidence, after which the defendant must show it is clearly improbable the weapon was connected to the offense for the enhancement not to apply.
• United States v. Brimberry
  961 F.2d 1286· 7th Cir.· 1992-04-17 ·cited 12×·via De Novo Review Of Legal Questions
  The court held that a defendant's silence at trial does not trigger an affirmative duty for the court to inquire into the waiver of the right to testify, and that the 'tax loss' for sentencing purposes is the amount of tax owed, not the amount the IRS can recover.
• United States v. Madera-Gallegos
  945 F.2d 264· 9th Cir.· 1991-09-18 ·cited 12×
  The court held that flight from arrest, without more, does not constitute obstruction of justice under U.S.S.G. § 3C1.1, and that Carla Rosa was not a minimal participant.
• United States v. Eke Agbai Agbai
  930 F.2d 1447· 10th Cir.· 1991-04-16 ·cited 12×·via De Novo Review Of Legal Interpretation
  The court held that the sentencing guideline for failure to appear (U.S.S.G. § 2J1.6) is lawful and reasonably applies the statutory directives, even when the underlying offense's maximum penalty differs from the actual sentence received.
• Torix v. Ball Corp.
  862 F.2d 1428· 10th Cir.· 1988-12-09 ·cited 12×
  The court held that a reasonable interpretation of 'total disability' under an ERISA plan must consider the claimant's ability to pursue gainful employment in light of all circumstances, not a literal interpretation of the plan's terms.
• United States v. Youpee
  836 F.2d 1181· 9th Cir.· 1988-01-07 ·cited 12×·via De Novo Review Of Sentence Legality
  The court held that an insurance company that indemnified a direct victim is considered a 'victim' for the purposes of restitution under 18 U.S.C. § 3579(e). The court also found that the defendant's motion was properly characterized as a Rule 35(a) motion to correct a sentence,
• United States v. Aceves-Rosales
  832 F.2d 1155· 9th Cir.· 1987-11-18 ·cited 12×·via De Novo Review Of Legal Questions
  The court held that the trial court did not abuse its discretion in excluding a medical record due to late disclosure under Fed.R.Crim.P. 16, and that sufficient evidence supported the conviction for assault with a deadly weapon.
• Huey Henry Breaux v. Schlumberger Offshore Servs.
  817 F.2d 1226· 5th Cir.· 1987-06-02 ·cited 12×
  The majority incorrectly applied the doctrine of detrimental reliance to bind Schlumberger, as it requires less proof than apparent authority and alters Louisiana law significantly.
• United States v. Arbelaez
  812 F.2d 530· 9th Cir.· 1987-03-11 ·cited 12×·via De Novo Review Of Sentence Legality
  The court held that a defendant cannot be punished for both conspiracy and the underlying substantive offenses if they are not distinct under the Blockburger test, and that separate sentences for aiding and abetting possession and distribution are impermissible when arising from
• United Fire Ins. Co. v. Commissioner OF Internal Revenue
  768 F.2d 164· 7th Cir.· 1985-07-19 ·cited 12×
  Accident and health insurance policies that are otherwise noncancellable or guaranteed renewable remain so during the period of the preliminary term when they are reserved by the two-year preliminary term method, for purposes of the reserve ratio test for qualification as a life
• Greenberg v. Bekins of South Florida
  337 So. 3d 372· Fla. 4th DCA· 2022-04-20 ·cited 11×·via De Novo Review Of Contract Interpretation
  This case involves a property owner who sued a moving company for lost and damaged property. The appellate court affirmed the trial court's decision, upholding the contract's limitation of liability clause which capped damages at $0.60 per pound per article, despite the owner's c
• McLaurin v. The Terminix Int'l Co., LP
  13 F.4th 1232· 11th Cir.· 2021-09-17 ·cited 11×
  The court held that a motion to confirm an arbitration award can be granted even if filed within the three-month period allowed for filing a motion to vacate, and that a district court does not abuse its discretion by striking a late-filed motion to vacate if the party failed to
• Womack v. State
  42 So. 3d 878· Fla. 4th DCA· 2010-08-18 ·cited 11×·via De Novo Review Of Law Application
  James Womack appealed his conviction on four counts of robbery and one count of attempted robbery, challenging the trial court's denial of his mistrial motion and the admission of a partial custodial statement. The Florida Fourth District Court of Appeal affirmed the conviction,
• Dorcely v. State of Fla. Dep't OF Bus. & Prof'l Reg. & Thrity Malhotra
  22 So. 3d 834· Fla. 4th DCA· 2009-11-25 ·cited 11×
  Louis Dorcely appealed the denial of his claim for reimbursement from Florida's Real Estate Recovery Fund after a real estate licensee fraudulently sold property he had transferred to her as trustee. The court affirmed the denial, finding the claim was untimely filed and did not
• State v. Woldridge
  958 So. 2d 455· Fla. 2d DCA· 2007-05-04 ·cited 11×
  The State appealed the trial court's suppression of evidence obtained from a search warrant for child pornography. The appellate court reversed, holding that AOL's mandatory statutory report of child pornography transmission to law enforcement provided a presumption of reliabilit
• THE Florida BAR v. Pape
  918 So. 2d 240· Fla.· 2005-11-17 ·cited 11×·via De Novo Review Of Legal Questions
  The Florida Supreme Court disciplined two attorneys for using a pit bull logo and phone number (1-800-PIT-BULL) in their television advertisement, finding the ads violated rules prohibiting characterizations of service quality and misleading visual depictions, and that First Amen
• State v. Joubert
  847 So. 2d 1023· Fla. 3d DCA· 2003-05-07 ·cited 11×·via De Novo Review Of Legal Questions
  The State appealed a trial court order vacating a murder conviction on the grounds that the defendant's trial counsel had been disbarred effective May 24, 2001, before representing the defendant at trial and sentencing in June 2001. The appellate court affirmed, holding that repr
• K.G.M. v. State
  816 So. 2d 748· Fla. 4th DCA· 2002-05-08 ·cited 11×
  K.G.M., a minor, appeals his adjudication of delinquency for drug possession after police discovered marijuana during a vehicle search following a traffic stop. The appellate court affirmed the trial court's denial of the motion to suppress, finding reasonable suspicion based on
• Sandoz Pharms. Corp. v. Richardson-Vicks, Inc.
  902 F.2d 222· 3d Cir.· 1990-04-24 ·cited 11×·via Plenary Review Of Legal Conclusions
  A Lanham Act plaintiff must prove that advertising claims are literally false or misleading to the public, not merely that they are inadequately substantiated under FDA guidelines.
• Thomas v. Carpenter
  881 F.2d 828· 9th Cir.· 1989-08-09 ·cited 11×·via De Novo Review Of Legal Questions
  A public employee states a cause of action under 42 U.S.C. § 1983 for retaliation when their employer takes adverse actions against them for engaging in constitutionally protected speech, even if the employee was not terminated or demoted.
• In re Windmill Farms, Inc. v. Buchbinder
  841 F.2d 1467· 9th Cir.· 1988-03-25 ·cited 11×
  A lease terminates under California law at least by the time the lessor files an unlawful detainer action, provided a proper three-day notice to pay rent or quit was given, the lessee failed to cure the default, and the notice elected forfeiture.
• Hanson v. The Prudential Ins. Co. OF Am.
  772 F.2d 580· 9th Cir.· 1985-09-27 ·cited 11×·via De Novo Review Of Contract Interpretation
  The court held that the term 'nursing service' in the insurance policy was ambiguous and should be construed in favor of the insured, meaning the facility qualified as a hospital. However, the court also held that the insurer did not act in bad faith.
• Smith v. U.S. Attorney General
  983 F.3d 1206· 11th Cir.· 2020-12-18 ·cited 10×·via De Novo Review Of Legal Questions
  Florida's vehicular homicide statute requires a level of recklessness that constitutes a crime of moral turpitude for immigration purposes.
• MC Cray v. State
  282 So. 3d 158· Fla. 2d DCA· 2019-10-02 ·cited 10×·via De Novo Review Of Sentence Legality
  Robert Sanders McCray appeals his revocation of community control and sentencing as a Violent Felony Offender of Special Concern (VFOSC). The appellate court affirmed the revocation and sentence but remanded for the trial court to correct a scrivener's error and render the statut
• Famiglio v. Famiglio
  279 So. 3d 736· Fla. 2d DCA· 2019-05-10 ·cited 10×·via De Novo Review Of Contract Interpretation
  The indefinite article "a" in the prenuptial agreement's provision measuring alimony by "the time a Petition for Dissolution of Marriage is filed" ordinarily refers to the first petition filed, not the petition that ultimately results in dissolution of marriage. When a contractua
• Johnson v. State
  260 So. 3d 502· Fla. 1st DCA· 2018-12-10 ·cited 10×·via De Novo Review Of Sentence Legality
  Tyrone Randy Johnson, Jr. appeals his resentencing on a bail bond offense conviction, challenging the trial court's imposition of a Department of Corrections sentence despite scoring only 4.6 points on the criminal punishment code scoresheet, which presumptively required a non-st
• Kerick van Teamer v. State
  108 So. 3d 664· Fla. 1st DCA· 2013-02-12 ·cited 10×·via De Novo Review Of Law Application
  The First District Court of Appeal reversed a trial court's denial of a suppression motion in a drug trafficking case, holding that a vehicle color discrepancy between the actual vehicle and its registration alone cannot constitute reasonable suspicion to justify an investigatory