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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774 F.2d 1395·
9th Cir.·
1985-10-25
·cited 6×
Future pension benefits are not dischargeable, but accrued benefits prior to bankruptcy filing are dischargeable.
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A landlord under a residential lease cannot recover accrued rent by standing by and suing without first obtaining a writ of possession through eviction proceedings, as required by section 83.595, Florida Statutes, which displaces the common law remedy and sets out the exclusive u
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The court affirmed the Board of Immigration Appeals' decision, holding that the petitioner's state court sentence modification orders did not alter his conviction's status as an aggravated felony for immigration purposes under the controlling precedent of Matter of Thomas.
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352 So. 3d 529·
Fla. 1st DCA·
2022-12-12
·cited 5×
The appellate court denied a petition for a writ of prohibition challenging a trial court's denial of self-defense immunity. The court found the petition was filed too late, and also that the trial court's decision was correct on the merits.
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50 F.4th 1097·
11th Cir.·
2022-10-04
·cited 5×
The Eleventh Circuit affirmed the district court's judgment, finding no clear error in its determination that A.L.'s requested modifications were neither necessary nor reasonable and would fundamentally alter Disney's business model.
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334 So. 3d 653·
Fla. 2d DCA·
2021-05-28
·cited 5×
The trial court erred in denying the preliminary temporary injunction motion because intrusion upon seclusion does not require publication of recorded material, and the Jackmans established a reasonable expectation of privacy in their fenced backyard that was violated by the Swar
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Joshua Adam King appeals a final judgment dissolving his marriage, challenging the trial court's child support award to the Mother. The appellate court reverses the child support calculation due to a mathematical error where the court added rather than subtracted tax obligations,
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The appellate court affirmed the denial of attorney's fees for the former wife, finding she had the ability to pay and lacked need. However, it reversed the denial of costs, holding that a voluntary dismissal by the former husband mandated an award of taxable costs to the former
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273 So. 3d 1187·
Fla. 1st DCA·
2019-06-12
·cited 5×
Fletcher was entitled to Stand Your Ground immunity because he was standing on a public sidewalk, not trespassing on Parker's property, when he fired the shot in defense of his brother. The trial court erred in treating Fletcher as a trespasser based on evidence showing he was ap
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Anderson was convicted of aggravated assault with a firearm based on an alleged roadway encounter. The court reversed because erroneously admitted hearsay testimony from a police officer describing the victim's prior statements about the gun's distinctive features was not harmles
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The State appeals a trial court's grant of postconviction relief based on ineffective assistance of counsel. The court found that trial counsel failed to investigate and present expert evidence that the weapon used in a robbery was an airsoft gun (a toy capable of only minor inju
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Olson appeals a trial court's denial of attorney's fees and court costs following a mixed judgment in a homeowners association dispute over property drainage modifications. The appellate court held that Olson, who prevailed on the counts containing attorney's fees provisions, was
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212 So. 3d 413·
Fla. 3d DCA·
2016-08-24
·cited 5×
M.T., a young man with Lennox-Gastaut syndrome and continuous seizures, sought enrollment in Florida's Home and Community-Based Services Waiver Program for intellectually disabled individuals. The Agency for Persons with Disabilities (APD) and a hearing officer denied his applica
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203 So. 3d 909·
Fla. 4th DCA·
2016-05-25
·cited 5×
John Goodman appealed the dismissal of his challenge to Florida Department of Law Enforcement rules governing blood alcohol testing procedures in a DUI manslaughter case. The court affirmed the administrative law judge's finding that the challenged rules adequately ensure reliabl
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David Bainter appealed his conviction for manufacturing cannabis after pleading nolo contendere, challenging the denial of his motion to suppress cannabis seized during a warrantless search of his home. The Fifth District Court of Appeal reversed, holding that the defendant estab
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98 So. 3d 189·
Fla. 1st DCA·
2012-09-13
·cited 5×
The court held that the Florida Office of Financial Regulation (OFR) could properly rely on a FINRA arbitration award to deny an applicant's registration as an associated person of a securities dealer, as the award satisfied statutory requirements.
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The court held that the Judge of Compensation Claims erred in denying the Employer/Carrier's motion for taxable costs solely because the E/C failed to provide invoices or receipts proving actual payment.
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229 B.R. 238·
S.D. Fla.·
1998-11-12
·cited 5×
The Court of Appeals reversed the Bankruptcy Court's order, finding that the debtor's transfer of assets to his wife was a willful attempt to evade taxes, making the debt nondischargeable.
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The court held that the district court did not err in finding the patent invalid under 35 U.S.C. § 102(b) because the patented invention was on sale more than one year prior to the patent application filing date.
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809 F.2d 1356·
8th Cir.·
1987-01-27
·cited 5×
An attorney's failure to perfect a statutory lien under state law, such as by failing to file notice, renders the lien avoidable by a bankruptcy trustee under 11 U.S.C. § 545(2). Furthermore, an attorney holding a prepetition mortgage on debtor property is not a disinterested per
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361 So. 3d 372·
Fla. 4th DCA·
2023-05-24
·cited 4×
The appellate court reversed a trial court's denial of immunity under Florida's Stand Your Ground law. The court held that openly carrying and loading a firearm on one's own property, in response to trespassers and perceived threats to property, does not constitute an unjustified
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A trial court must issue a specific ruling on a defendant's pending motion to vacate a default before entering a final default judgment, and failure to do so is reversible error as a matter of law.
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This case involves the interpretation of a commercial lease. The appellate court disagreed with the trial court's interpretation, finding that the tenant's early closure of its store constituted a default under the lease, contrary to the trial court's ruling.
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The appellate court reversed a trial court's dismissal of a complaint, finding that the trial court misinterpreted an administrative order. The trial court believed the administrative order mandated strict enforcement of deadlines, leading to dismissal, but the appellate court he
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Equitable estoppel prevents the current guardian from objecting to the mother's appointment as successor guardian where the guardian previously agreed to the transition, objected only to preparation steps, and the mother relied on the court's directive and the guardian's position
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Factual findings made by a voluntary trial resolution judge are not subject to appellate review under Florida Statute section 44.104(11), and appellate courts are bound by such findings. The 2006 postnuptial agreement modified the 2002 House Agreement's requirement that the forme
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327 So. 3d 872·
Fla. 3d DCA·
2021-09-01
·cited 4×
Violation of an enforceable restrictive covenant creates a statutory presumption of irreparable injury; when a party presents unrebutted evidence of such violation, a trial court abuses its discretion in denying a temporary injunction based on the availability of monetary damages
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The appellate court affirmed the trial court's denial of additional attorneys' fees for pursuing a sanctions award. The court held that "fees on fees" are not automatically awarded under Moakley sanctions and require a direct link to the bad faith conduct that generated the initi
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The appellate court reversed an order denying a motion to vacate a foreclosure sale. The court found the trial court applied the wrong legal standard by focusing on irregularities of the sale itself, rather than considering equitable grounds for vacating the sale, such as a loan
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290 So. 3d 642·
Fla. 1st DCA·
2020-02-19
·cited 4×
This case concerns whether a traffic stop was unreasonably prolonged to conduct a dog sniff. The appellate court affirmed the denial of the motion to suppress, finding the dog sniff did not extend the stop beyond the time needed for the traffic citation.
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The appellate court affirmed a conviction for possession of a firearm by a convicted felon. The court found that a photograph of the firearm, though placed on a seat rather than found underneath, was admissible and that the trial court properly considered the weight of the eviden
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Chad Godwin appeals a trial court order adjudicating him in contempt of a marital settlement agreement regarding shared parental responsibility for minor children. The Former Husband contests both the contempt finding and the denial of attorney's fees, arguing the judgment lacked
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255 So. 3d 372·
Fla. 4th DCA·
2018-09-12
·cited 4×
When nonmarital property is financed entirely by a mortgage that marital funds repay, the entire passive appreciation of that property is a marital asset subject to equitable distribution, and a trial court cannot use a debt-to-value ratio exceeding 100% to calculate the marital
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A contingency fee agreement signed only by an incapacitated client's mother is void and cannot be ratified by post-competency communications that lack explicit acknowledgment of the agreement's terms. An attorney without a valid contingency fee agreement may recover on a quantum
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212 So. 3d 516·
Fla. 2d DCA·
2017-03-10
·cited 4×
Randy Willoughby, a Medicaid recipient, appealed an administrative order requiring him to reimburse the Agency for Health Care Administration (AHCA) from settlement proceeds for medical expenses paid by Medicaid. The Second District affirmed that bad faith damages from an insuran
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Dr. Murciano appeals an AHCA order requiring repayment of $1.27 million in alleged Medicaid overpayments. The central issue is whether Dr. O'Hern, the peer reviewer, satisfied the statutory definition of 'peer' under Florida law. The court holds that AHCA correctly interpreted th
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Carol Kemmerer sought review of an order denying her motion to quash service of process in a civil theft action. The court held that substitute service was invalid because the defendant established by clear and convincing evidence that her usual place of abode was in Florida, not
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106 So. 3d 958·
Fla. 4th DCA·
2013-01-23
·cited 4×
Wayne Tover sought a writ of prohibition to overturn the trial court's denial of his pretrial motion to dismiss based on Florida's 'Stand Your Ground' immunity law (§ 776.032). The Fourth District Court of Appeal affirmed the trial court's denial, finding no abuse of discretion i
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Nicolas Dominique was convicted of second-degree murder and appealed on three grounds: denial of motion to suppress statements, denial of motion to exclude evidence, and an erroneous jury instruction on manslaughter. The Fourth District affirmed the conviction, finding the Mirand
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The appellate court reversed the trial court's decision to grant a motion for reconsideration and instead ordered the discharge of a mechanic's lien under Florida Statute § 713.21(4). The court held that strict compliance with the 20-day statutory deadline is mandatory, and the t
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944 So. 2d 399·
Fla. 4th DCA·
2006-10-11
·cited 4×
A person who is asked to step out of a vehicle during a consent search becomes subject to Miranda protections when the officer discovers contraband, arrests the driver, and then conducts a criminal interrogation while the person is not free to leave. The totality of circumstances
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The court held that an observed traffic infraction, such as speeding, provides probable cause for a traffic stop, regardless of the officer's subjective intent to investigate other potential offenses.
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271 B.R. 696·
S.D. Fla.·
2001-12-28
·cited 4×
The court held that the debt collector's FDCPA notice was ineffective because it was overshadowed by the more prominent and threatening language in the foreclosure summons, confusing the least sophisticated consumer.
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Davenport pleaded guilty to conspiracy to possess cocaine with intent to distribute and was sentenced after absconding and being arrested only three hours before his sentencing hearing. The Eleventh Circuit held that a defendant's flight does not constitute a waiver of the statut
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198 B.R. 823·
M.D. Fla.·
1996-06-28
·cited 4×
The court held that Amplicon's reversionary interest was extinguished by the debtor's default and CIT's exercise of its rights under the assignment, and that the assignment was unambiguous, precluding parol evidence.
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The court held that the defendants' convictions for bank fraud and conspiracy were supported by sufficient evidence, and their sentences were properly calculated under the sentencing guidelines based on the total overdraft amount.
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992 F.2d 891·
9th Cir.·
1993-04-16
·cited 4×
A junior judicial lien does not impair a debtor's homestead exemption if it does not diminish the exemption's value, and therefore cannot be avoided under 11 U.S.C. § 522(f).
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The court held that Mr. Robbins, a Vice President of Administration, was a proper certifying official under FAR 33.207(c)(2)(i) because he had primary responsibility for contract performance, even if he did not directly oversee all operational aspects.
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983 F.2d 1524·
10th Cir.·
1993-01-20
·cited 4×
A debt is not dischargeable under 11 U.S.C. § 523(a)(6) only if the debtor acted with intent to cause injury, not merely with intent to perform the act that caused injury.