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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293 So. 3d 610·
Fla. 1st DCA·
2020-04-09
·cited 7×
The appellate court reversed a trial court's denial of foreclosure, finding that the trial court abused its discretion and erred as a matter of law by applying the "unclean hands" doctrine. The court held that the prior lender's alleged actions did not legally bar foreclosure and
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# LEGAL BRIEF
**Schroeder v. MTGLQ Investors, L.P.**, 4D18-3177 (Fla. Dist. Ct. App. Sept. 18, 2019): The appellate court reversed a foreclosure judgment because the lender failed to pay required documentary stamp and intangible taxes on the increased principal balance created b
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255 So. 3d 468·
Fla. 3d DCA·
2018-09-12
·cited 7×
The trial court erred in suppressing evidence of Crosby's identification because the officer's initial contact with Crosby constituted a mere street encounter initiated by Crosby himself, not an unlawful detention, and officers possessed founded suspicion to stop the vehicle base
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241 So. 3d 258·
Fla. 3d DCA·
2018-03-28
·cited 7×
The trial court's final domestic violence injunction was supported by competent, substantial evidence where the wife testified to physical abuse, threats, controlling behavior involving substance abuse, and prior violence, demonstrating her objectively reasonable fear of imminent
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213 So. 3d 863·
Fla.·
2017-03-16
·cited 7×
Hodges appeals the denial of his Rule 3.851 motion for postconviction relief challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirms the conviction but reverses the death sentence under Hurst v. Florida, holding that the non-unanimous
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Vital Pharmaceuticals appealed an award of attorneys' fees to former employees who were wrongfully enjoined from working for a competitor. The court reversed, holding that because the trial court failed to require a bond when issuing the temporary injunction, damages including at
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181 So. 3d 1218·
Fla. 1st DCA·
2015-12-11
·cited 7×
In this workers' compensation case, the Judge of Compensation Claims (JCC) rejected the expert medical examiner's (EMA) opinion that a claimant's pre-existing shoulder conditions were the major contributing cause (MCC) of the need for shoulder replacement surgery, instead finding
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Gary Hughes appealed his drug possession convictions, challenging the denial of his motion to suppress evidence seized during his arrest. The court held that the officer lacked probable cause to arrest Hughes because he was unable to reliably identify Hughes as the person with wh
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Kevin Barcomb was convicted of felony driving with a revoked license after the trial court improperly allowed the prosecutor to impeach him about prior felony convictions based solely on an NCIC rap sheet without a certified copy of the conviction. The Fourth District reversed, h
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A nursing home appeals an order denying its motion to compel arbitration of a resident's rights lawsuit. The court held that the resident's daughter, acting under a broad durable power of attorney, had authority to bind the resident to an arbitration agreement in the nursing home
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The court held that while service of process was insufficient, dismissal of the complaint was an abuse of discretion because plaintiffs had a reasonable prospect of effecting service and were not time-barred.
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The court held that the Tax Court did not err in determining that a portion of the compensation paid to James Rutter was excessive and constituted dividend payments, subject to a higher tax rate.
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805 F.2d 1515·
11th Cir.·
1986-12-16
·cited 7×
The bankruptcy court did not exceed its authority in enjoining shareholders from pursuing an action that belonged to the debtor corporation's estate, as the claims had been settled by the trustee.
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322 So. 3d 1182·
Fla. 3d DCA·
2025-02-26
·cited 6×
# LEGAL BRIEF
**Smith v. Miami-Dade County School Board**, 3D23-2048 (Fla. 3d DCA Feb. 26, 2025): The Third District Court of Appeal reviewed de novo the School Board's demotion of Officer Smith from sergeant to school resource officer, applying the standard that conclusions of
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The License Agreement's non-exclusivity provision is permissive, not mandatory, and does not require Yowie to pay minimum fees or continue using the Whetstone patents. The plain language of Section 5 grants Yowie the right to maintain non-exclusive use of the patents only if it p
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A nonstate prison sanction under section 775.082(10) may consist of county jail incarceration (limited to one year), community control, and probation, and the aggregate duration of all nonstate sanctions is not restricted to one year but only to the statutory maximum for the offe
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352 So. 3d 521·
Fla. 5th DCA·
2022-12-08
·cited 6×
Once a trial court finds that parents engaged in egregious conduct threatening a child's life or safety under Fla. Stat. § 39.806(1)(f), termination of parental rights is the least restrictive means of protecting the child and serves the child's manifest best interests; permanent
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264 So. 3d 242·
Fla. 1st DCA·
2019-01-02
·cited 6×
Appellant was convicted of sexual battery and lewd and lascivious molestation of a child and appealed, challenging the admissibility of his confession to police and the exclusion of evidence regarding the victim's consensual sexual relationship with her boyfriend. The court uphel
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An assignment of insurance benefits stating "any and all insurance rights, benefits, and causes of action" must be interpreted in context as assigning only the rights to payment for services performed by the assignee, not all rights under the entire policy.
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219 So. 3d 844·
Fla. 4th DCA·
2017-05-10
·cited 6×
A Florida appellate court reversed a school board's decision to terminate a teacher, holding that the Administrative Law Judge's findings that the teacher's performance evaluations were flawed and unreliable were supported by competent substantial evidence and could not be reject
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Homeowners appealed a foreclosure judgment, writ of bodily attachment, and attorney's fees award. The court affirmed the foreclosure and attachment orders but reversed the attorney's fees award because the trial court failed to make detailed written findings explaining the basis
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Deutsche Bank sought to foreclose a mortgage and needed to admit a promissory note into evidence at trial. The trial court ruled the note was hearsay and could only be admitted under the business records exception, which Bank failed to establish. The appellate court reversed, hol
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171 So. 3d 808·
Fla. 4th DCA·
2015-08-12
·cited 6×
The State appeals a trial court's order granting a defendant's motion to suppress evidence from a vehicle stop. The Fourth District Court of Appeal reverses, holding that police had reasonable suspicion under the totality of circumstances to stop the defendant's vehicle based on
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136 So. 3d 1242·
Fla. 5th DCA·
2014-04-17
·cited 6×
A warrantless entry into a home is reasonable when police officers, acting from the perspective of a reasonable officer on scene, reasonably believe based on objective circumstances that an individual is in distress and requires immediate assistance, even if that belief later pro
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161 So. 3d 409·
Fla. 5th DCA·
2014-02-21
·cited 6×
The State appealed a trial court's order suppressing cocaine found during a traffic stop, arguing the court erred in requiring the State to prove the stop was not pretextual. The appellate court reversed, holding that under the objective test from Whren v. United States and Holla
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121 So. 3d 51·
Fla. 3d DCA·
2013-04-10
·cited 6×
Estrada appeals an arbitration award in a medical negligence case involving delayed diagnosis of breast cancer. The arbitration panel limited her loss of earning capacity damages to her shortened post-injury life expectancy, but the court reverses, holding that damages for loss o
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The court held that the Nova Scotia cottage remained a non-marital asset because it was not converted into a different tangible asset as required by the post-marital agreement, despite marital funds being used for its maintenance and improvements.
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The Polk County School District unilaterally changed employee health insurance plans without collectively bargaining with the Polk Education Association (PEA), a certified bargaining agent. The Public Employees Relations Commission found this violated Florida's public employee la
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The State appealed the trial court's suppression orders in a shooting case, challenging the court's finding that the defendant's arrest lacked probable cause. The appellate court reversed, holding that officers had probable cause to arrest the defendant based on the totality of c
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The court held that the wife received a life estate in the home and was responsible for ordinary homeowner expenses, including taxes, insurance, and general repairs, as per the prenuptial agreement.
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The court affirmed the conviction and sentence, finding no merit in the defendant's claims regarding discovery violations, involuntary confessions, or improper sentencing departures.
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A defendant's refusal to testify at a co-conspirator's trial after being granted immunity constitutes obstruction of justice under U.S.S.G. § 3C1.1.
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977 F.2d 1171·
7th Cir.·
1992-10-21
·cited 6×
The court held that the bankruptcy and district courts erred in allowing Cross Manufacturing to amend its counterclaim to include a contribution claim under Rule 15(b) because Rivinius, Inc. did not expressly or impliedly consent to trying that issue, and the elements of mortgage
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The court held that a federal habeas petitioner is not entitled to relief based on claims of ineffective assistance of counsel, procedural default, insufficient evidence, or improper use of evidence, as these claims were either procedurally barred, lacked merit, or were based on
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The court held that the District Court did not err in dismissing the case for lack of subject matter jurisdiction, as the government's actions constituted authorization of copyright infringement under 28 U.S.C. § 1498(b).
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The court held that a defendant commits an offense 'while under a criminal justice sentence' for U.S.S.G. § 4A1.1(d) purposes if the instant offense is commenced after conviction for an earlier offense, the conduct is not part of the earlier offense, and the defendant is sentence
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The court held that inert grenades, lacking essential components like powder, cannot be counted as "destructive devices" for the purpose of increasing the offense level under U.S.S.G. § 2K2.2(b) unless all necessary parts are possessed.
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938 F.2d 175·
10th Cir.·
1991-07-03
·cited 6×
The court held that the district court did not err in enhancing the defendant's criminal history score for a prior misdemeanor conviction and for committing the instant offense while under a criminal justice sentence.
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906 F.2d 362·
8th Cir.·
1990-06-22
·cited 6×
The Tax Court erred in holding the Fendells liable for tax deficiencies because the statute of limitations had expired on the Trust's returns, barring adjustments at the beneficiary level.
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The court held that farm credit associations are private employers, entitling their employees to a jury trial under the ADEA, and that the plaintiff did not waive this right.
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904 F.2d 1351·
9th Cir.·
1990-06-04
·cited 6×
The court affirmed the Chief Administrative Hearing Officer's order finding Maka in violation of the Immigration Reform and Control Act (IRCA) for unlawfully employing an unauthorized alien and failing to comply with verification requirements.
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115 B.R. 365·
M.D. Fla.·
1990-05-22
·cited 6×
The court held that the debtor was estopped from denying dominion and control over shell corporations and that his tax liabilities were not dischargeable due to evasion.
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The Tax Court correctly determined that the 'Gold For Tax Dollars' promotion was a sham, disallowing the claimed mining expense deductions and assessing increased interest for tax-motivated transactions.
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872 F.2d 1192·
5th Cir.·
1989-05-05
·cited 6×
The court held that the Federal Water Pollution Control Act (FWPCA) is causation-based, not fault-based, and that a vessel owner's non-negligent decision to navigate outside a marked channel can be a contributing cause of an oil discharge, thus precluding the third-party liabilit
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The court held that the district court had the authority under 18 U.S.C. § 1964(a) to impose a broad decree against the Union to remedy RICO violations and that the terms of the decree were not an abuse of discretion.
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The court held that a district court erred in requiring a likelihood of asset dissipation for an asset freeze, when only a possibility is necessary if success on the merits is shown.
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Customer deposits required by a public utility to secure payment of electric bills are not taxable as advance payments upon receipt if they primarily serve as security, especially when interest is paid on the deposits and the depositor has control over the refund timing.
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The court held that the 1926 amendment to the Plant Quarantine Act restored concurrent regulatory authority to states and territories, allowing Guam to enact its own agricultural quarantines.
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The court held that the trial court did not commit clear error in finding that both the husband and wife were responsible for the fraudulent financial statement, making the debt nondischargeable for both.
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The court held that using checks drawn on a distant bank delayed the collection of funds in violation of the Packers and Stockyards Act, and that the administrative law judge did not deprive the petitioner of its right to pre-hearing discovery.