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
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The State of Florida appealed the trial court's dismissal of charges against Tacher and Pedroso for lack of jurisdiction by the Office of Statewide Prosecution (OSP). The court reversed, holding that the OSP had authority to prosecute the defendants under Florida Statutes section
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The Tolers appealed the trial court's denial of their motion to vacate a summary judgment in a mortgage foreclosure action. Although the appellate court found the motion was timely filed, it affirmed the denial because the Tolers failed to allege a colorable basis for relief unde
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A juvenile was charged with possession of controlled substances and drug paraphernalia found in a locked center console of his car. The appellate court reversed the denial of the motion to suppress, holding that the deputy exceeded the scope of the juvenile's consent to search th
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Jonathan Maxwell, a mentally challenged seventeen-year-old, was charged with lewd and lascivious battery for consensual sexual activity with a younger girl. The court reversed his conviction because police failed to adequately warn him of his Miranda rights, specifically omitting
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969 F.2d 926·
10th Cir.·
1992-07-09
·cited 10×
The court held that the district court erred by imposing a consecutive sentence for the obstruction offense when it had already enhanced the underlying drug offense level, and that the evidence was sufficient to sustain the conviction.
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The court held that the district court's denial of the habeas corpus petition was proper, as the alleged errors did not rise to the level of constitutional violations or were harmless.
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The court held that the district court's findings regarding the officers' knowledge of the defendant's association with Bitti were clearly erroneous, and the initial encounter likely constituted a seizure, requiring further examination of the stop's justification and consent's vo
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A suspect's statement, "I have to get me a good lawyer, man. Can I make a phone call?", made during custodial interrogation, constitutes an unequivocal request for counsel, requiring cessation of all questioning.
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The court should affirm the Board of Immigration Appeals' decision denying asylum.
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The dissenting judge believes the defendant's income from transporting illegal aliens was not a 'substantial portion' of his income to warrant sentence enhancement under U.S.S.G. § 4B1.3.
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879 F.2d 561·
9th Cir.·
1989-06-23
·cited 10×
The court held that Mester Manufacturing Co. violated the Immigration Reform and Control Act (IRCA) by knowingly continuing to employ unauthorized aliens, and that the administrative process and statute were constitutional. The court affirmed the administrative law judge's order.
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The court affirmed the district court's judgment, holding that the lease agreement was not a 'turn-key' contract and that the tenant breached the contract by failing to pay rent and maintain the premises. The court also affirmed the sanctions imposed on the tenant and its attorne
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863 F.2d 613·
8th Cir.·
1988-12-23
·cited 10×
The court held that the district court did not err in awarding attorney fees against the law firm under Rule 11 and 28 U.S.C. § 1927, finding no abuse of discretion or legal error.
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850 F.2d 1510·
11th Cir.·
1988-08-02
·cited 10×
The Trust does not qualify for tax-exempt status under 26 U.S.C.A. §§ 501(c)(3), (4), or (9) because it operates as a commercial insurance provider with substantial private, non-exempt purposes and fails to meet control and nondiscrimination requirements for VEBAs.
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Social Security payments received by a former spouse based on a miner's earnings record do not constitute contributions from the miner for purposes of establishing dependency for black lung benefits.
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The court held that affidavits and a letter were properly admitted as party admissions and that the substance of the transaction, rather than its form, constituted a "transfer" under I.R.C. § 2036(a), requiring inclusion of the property's value in the decedent's gross estate.
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142 F.4th 1286·
11th Cir.·
2025-07-02
·cited 9×
Katie Wood, a transgender public school teacher in Florida, challenged a state law prohibiting her from using the honorific "Ms." and feminine pronouns in classroom interactions with students, claiming the restriction violated her First Amendment free speech rights. The Eleventh
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Fla. 1st DCA·
2022-07-20
·cited 9×
The appellate court affirmed the trial court's denial of self-defense immunity for a defendant charged with murder. The defendant pleaded guilty to a lesser offense while reserving the right to appeal the immunity denial, but the court found sufficient evidence supported the tria
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A trial court does not abuse its discretion in excluding a third-party confession when the statement lacks sufficient corroboration and was made by a declarant under the influence of narcotics and alcohol, failing to satisfy the trustworthiness requirements of both the Florida Ev
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The State appealed a trial court's order suppressing evidence in an animal cruelty case. The appellate court reversed, holding that the defendant abandoned his expectation of privacy in his deceased puppy's remains when he chose group cremation, thereby allowing the warrantless s
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120 So. 3d 27·
Fla. 5th DCA·
2013-07-05
·cited 9×
The Town of Ponce Inlet appeals a trial court's determination that it was liable to Pacetta, LLC under the Bert J. Harris, Jr. Private Property Rights Protection Act (Harris Act) for inordinately burdening Pacetta's vested right to develop riverfront property. The appellate court
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Michele DeWolfe was convicted of felony petit theft for stealing air conditioners. The appellate court reversed and remanded for a new trial, holding that the trial court erred in excluding hearsay testimony about the deceased thief Bruce Ahlgren's confession to the crime, which
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Katherine's Bay, LLC appeals an administrative decision invalidating a small-scale development amendment to Citrus County's Comprehensive Plan that would have changed the zoning of its property from Low Intensity Coastal and Lakes to Recreational Vehicle Park/Campground. The cour
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The court held that the trial court erred in revoking probation for a curfew violation because the evidence did not establish a violation of the court-imposed terms.
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948 So. 2d 39·
Fla. 5th DCA·
2006-12-22
·cited 9×
The Fifth District Court of Appeal reversed a trial court's suppression of evidence from a search warrant executed at Wissell Irizarry's residence. The court held that the affidavit supporting the warrant contained sufficient probable cause based on corroborating information, inc
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Brett Fenster appeals his conviction for attempted second-degree murder, challenging the prosecutor's closing argument and his credit for time served. The appellate court found the prosecutor made multiple improper comments unsupported by evidence during closing argument that col
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The settlement agreement did not extinguish the client's entitlement to attorney's fees; it merely limited the firm's recovery to the amount awarded by the court.
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The BIA's decision can be reopened and reconsidered at any time, regardless of the type of issue involved, because the INS regulation permits it.
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927 F.2d 539·
11th Cir.·
1991-03-22
·cited 9×
The court held that Alagasco did not commit misrepresentation or violate ERISA by offering early retirement plans, as its statements were truthful and made in good faith, and it complied with ERISA's disclosure requirements.
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The dissenting judge would affirm the conviction, disagreeing with the majority's conclusion that the defendant's use of a false name was not material.
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806 F.2d 889·
9th Cir.·
1986-12-16
·cited 9×
The Petroleum Marketing Practices Act (PMPA) preempts otherwise applicable state law regarding the termination of petroleum franchises, rendering state law cure rights and termination provisions inapplicable. A franchise terminated under the PMPA is not an executory contract assu
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An employer/carrier that commences payment of benefits must provide written notice of its election to "pay and investigate" upon commencement of payment, not 59 days later, or it waives the right to deny compensability. A claimant's attorney is entitled to recover attorney's fees
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351 So. 3d 1142·
Fla. 1st DCA·
2022-11-21
·cited 8×
The appellate court denied a petition for a writ of prohibition, affirming the trial court's decision to deny a motion to dismiss a manslaughter charge. The defendant claimed self-defense immunity, but the court found that the State presented clear and convincing evidence to over
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A party's claim for attorneys' fees is not waived if the opposing party had notice and acquiesced, or if the claim was raised in a timely manner in a case dismissed before an answer was filed.
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The state appeals a trial court's discharge of cocaine delivery charges based on speedy trial violations. The court held that a bicycle stop and false name charge constitute a separate criminal episode from the later cocaine delivery charge, and therefore the state did not violat
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The State appealed the trial court's suppression of evidence seized during an investigatory stop of Derrick Allen in a parking lot. The appellate court reversed, holding that officers had reasonable suspicion based on a reliable informant's tip and the totality of circumstances t
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Gaynor Tedder appeals his convictions for armed home invasion robbery and armed kidnapping, challenging the trial court's denial of his motion to suppress evidence obtained from a vehicle search. The Second District Court of Appeal affirms the admission of pre-search statements b
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940 So. 2d 1207·
Fla. 1st DCA·
2006-10-31
·cited 8×
Theron Remington appeals the denial of his workers' compensation petition for reimbursement of transportation costs to obtain prescription medicines. The court held that Florida workers' compensation law requires employers to reimburse injured workers for necessary transportation
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The government breached the plea agreement by arguing against the defendant's acceptance of responsibility, entitling the defendant to specific performance.
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The court held that the district court's sentencing determination regarding the inclusion of the 2500 kilograms of cocaine was unclear and required remand for specific findings on the defendant's intent and capability. The conviction was affirmed.
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958 F.2d 85·
5th Cir.·
1992-04-09
·cited 8×
The court held that the district court's findings of fact and conclusions of law were insufficiently detailed to satisfy Federal Rule of Civil Procedure 52(a), preventing meaningful appellate review.
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938 F.2d 1114·
10th Cir.·
1991-07-11
·cited 8×
The court held that a land description in a security agreement for growing crops is insufficient if it uses vague language like 'in and around' specific sections, failing to reasonably identify the land concerned.
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The court held that a coal mine operator's repair shop, located in the general vicinity of extraction sites for economic efficiency, is presumed to be "around a coal mine" under the Black Lung Benefits Act, making employees working there eligible for benefits.
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840 F.2d 757·
10th Cir.·
1988-02-25
·cited 8×
The court held that a bankruptcy notice containing an erroneous and ambiguous bar date is legally insufficient, and a creditor's claim filed by the last effective date stated in the notice is timely.
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The court held that the principles for awarding attorneys' fees under Hensley v. Eckerhart apply to fees sought for litigating prior fee awards. The district court did not abuse its discretion in reducing the fee award based on limited success.
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The appellate court affirmed the district court's judgment, finding no reversible error in the determination that the employer did not intentionally discriminate against the employee based on race.
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789 F.2d 386·
6th Cir.·
1986-04-28
·cited 8×
The court held that the Bankruptcy Court did not abuse its discretion in approving the sale of the debtor's assets, including FCC licenses, and in refusing to lift the automatic stay, as there was a sound business purpose for the sale and the debtor had equity in the licenses.
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This case concerns whether a landlord must strictly comply with Florida's security deposit notice statute (section 83.49) to retain any portion of a tenant's deposit. The appellate court held that strict compliance is mandatory and reversed the lower court's decision, finding the
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The corporate veil may not be pierced absent a showing of improper conduct, and commingling of personal and corporate funds alone is insufficient to meet the statutory factors for piercing. The trial court's mathematical calculation of damages was also erroneous and required corr
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45 Fla. L. Weekly D47·
Fla. 3d DCA·
2020-08-05
·cited 7×
The appellate court reversed a final judgment of dissolution of marriage, finding the trial court erred in calculating the former husband's income and imputing income to the former wife. The court held that the trial court's reliance on a single year's anomalous income for the hu