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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969 F.2d 560·
7th Cir.·
1992-08-04
·cited 4×
The court held that the plaintiff failed to establish a continuing violation for time-barred claims and that the denial of professional privileges was not a result of age discrimination or retaliation.
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The Tax Court erred in its valuation of oil and gas sold by the estate between the date of death and the alternative valuation date, improperly taxing income derived from the asset.
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958 F.2d 351·
Fed. Cir.·
1992-03-10
·cited 4×
The court held that the contractor could not recover additional costs for a delay caused by its own prior contract performance, as the Suspension of Work clause barred recovery when the delay was due to the contractor's fault.
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The court held that the district court did not err in refusing to depart downward from the sentencing guidelines based on the defendant's claimed significantly reduced mental capacity.
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The court held that a pre-amendment guideline excluding local ordinance violations from criminal history calculation applied, and that a defendant's role in the offense must be assessed based solely on the offense of conviction, not all relevant conduct.
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The court held that 'second or subsequent conviction' under 18 U.S.C. § 924(c) applies even when offenses are charged in the same indictment.
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The court held that the Trademark Trial and Appeal Board erred in finding a likelihood of confusion between the marks "E.D.S." and "EDS" because it failed to properly assess differences in purchasers, channels of trade, sophistication of buyers, and the distinct nature of the goo
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The court held that a debtor's claimed exemption is invalid if it lacks a legal basis, regardless of whether a timely objection was filed, and that a security interest in crops can extend to post-petition crops if financed by proceeds of pre-petition collateral.
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943 F.2d 855·
8th Cir.·
1991-09-03
·cited 4×
A temporary restraining order (TRO) is insufficient to establish prevailing party status for attorney's fees under the Equal Access to Justice Act (EAJA) if the district court lacked jurisdiction to issue the TRO due to failure to exhaust administrative remedies.
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936 F.2d 1547·
9th Cir.·
1991-06-25
·cited 4×
The court should hold that LSC's statutory or contractual right to inspect personnel files is subject to a reasonableness requirement, considering the purpose of ensuring grant compliance and employee privacy.
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The court affirmed the Tax Court's decision, finding no clear error in its reallocation of income under Section 482.
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The court held that a sentencing judge's mistaken belief that an upward adjustment for committing an offense while on release precludes a downward adjustment for acceptance of responsibility warrants vacating the sentence.
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The court held that the district court had jurisdiction to modify the consent decree and that its modifications, including extending the decree's application to all death-sentenced inmates and altering benefits for Grade B inmates, were not an abuse of discretion and did not viol
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The court held that the bankruptcy court did not abuse its discretion in dismissing the Chapter 11 case and retaining funds in escrow, as these actions were supported by cause and in the best interest of creditors.
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904 F.2d 327·
5th Cir.·
1990-07-03
·cited 4×
The court held that the bankruptcy court's findings of no equity and unlikely reorganization were not clearly erroneous, thus affirming the lifting of the automatic stay.
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The court held that the subcontractor was not entitled to a fourteen percent markup on the recovery from the city, but affirmed the guarantor's liability for legal fees, remanding for recalculation.
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The court held that a savings and investment plan with withdrawal restrictions for financial hardship qualifies as a 'similar plan or contract' exempt under Iowa law, and the exemption amount for a motor vehicle is determined by the law in effect on the bankruptcy petition filing
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873 F.2d 938·
6th Cir.·
1989-05-01
·cited 4×
The court held that the district court erred in finding no evidence of racial identification and no racial steering, and that the defendant real estate agency could be held liable for its agents' conduct.
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The court held that the parol evidence rule should not be used to thwart the parties' intent when a contract is ambiguous, even if superficially clear.
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The court held that the district court erred in granting a preliminary injunction because it failed to consider the potentially superior priority of the Tribes' fishing rights, which predated irrigation rights.
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The court held that co-conspirator hearsay was properly admitted because there was substantial independent evidence of a conspiracy and the defendant's participation in it.
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The court held that the April 1983 agreement was not a 'sale, transfer or other disposition' as contemplated by the October 1981 assignment, and therefore did not entitle TCB to the $1,000,000 from NRC.
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796 F.2d 318·
9th Cir.·
1986-08-08
·cited 4×
The court held that the bankruptcy court's order subordinating claims for repurchased shares was improperly reversed by the district court, and that the determination of solvency at the time of payment is crucial for subordination.
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710 F.2d 572·
9th Cir.·
1983-07-14
·cited 4×
The court should reverse the district court's order because the Supreme Court's holding in Bell v. Wolfish controls this case regarding prisoner observation of cell searches.
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The trial court erred in awarding permanent alimony because the 2023 amendment to section 61.08 eliminated permanent alimony for petitions pending after July 1, 2023, and the trial court failed to make the required factual findings regarding the recipient's need and the obligor's
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A genuine dispute of material fact exists regarding the contract's effective date where the contract language specifies effectiveness upon the last party's signature or initials and delivery, one party initialed on March 14 but did not sign until April 25, and the other party's c
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97 F.4th 800·
11th Cir.·
2024-03-29
·cited 3×
The Eleventh Circuit affirmed the district court's evidentiary rulings, finding no abuse of discretion in excluding defense expert testimony on eyewitness identification and admitting the victim's out-of-court identification.
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353 So. 3d 669·
Fla. 2d DCA·
2022-11-04
·cited 3×
The appellate court reversed a trial court's decision to disqualify a candidate from a school board election. The court found that the candidate had taken sufficient steps to establish legal residency in the district, even though his new home was undergoing renovations.
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331 So. 3d 719·
Fla. 4th DCA·
2021-11-17
·cited 3×
A trial court must include all marital assets and liabilities in equitable distribution; alimony must be calculated based on net rather than gross income with clear findings; and attorney's fees awards cannot rely on sporadic family gifts without evidence of continuing future gif
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333 So. 3d 245·
Fla. 5th DCA·
2021-11-12
·cited 3×
When a postconviction court grants relief for ineffective assistance of counsel without making factual findings or legal conclusions, the appellate court must reverse and remand for the trial court to make sufficient findings and conclusions under the two-pronged Strickland analy
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10 F.4th 1185·
11th Cir.·
2021-08-24
·cited 3×
Senthooran Murugan, a Tamil citizen of Sri Lanka, sought asylum in the United States after fleeing his country in 2017, claiming past persecution and a well-founded fear of future persecution based on his ethnicity and imputed political opinion. The Eleventh Circuit affirmed the
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3 F.4th 1286·
11th Cir.·
2021-07-06
·cited 3×
The Eleventh Circuit affirmed the defendant's sentence, holding that the district court did not err in applying sentencing enhancements for a firearm capable of accepting a large capacity magazine and for a prior conviction of a crime of violence.
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A trial court's finding that a parent failed to substantially comply with a court-ordered case plan is affirmed when supported by competent substantial evidence, and mere completion of case plan tasks does not equate to substantial compliance.
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A handwritten agreement to purchase membership interests in an LLC is not an enforceable contract when it fails to address essential terms prescribed by the LLC's operating agreement for valid transfer, including closing procedures and mandatory amendment of the operating agreeme
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298 So. 3d 106·
Fla. 2d DCA·
2020-06-03
·cited 3×
The appellate court reviewed a homeowners' association's appeal concerning the validity of a new declaration of covenants that imposed stricter leasing restrictions. The court found it lacked jurisdiction to review the denial of summary judgment but reversed the permanent injunct
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295 So. 3d 1193·
Fla. 4th DCA·
2020-05-13
·cited 3×
JM Field Marketing sued Mapei Corporation and Southeastern Printing Company for misappropriating its proprietary All In View (AIV) software system in violation of trade secret law and a confidentiality agreement. The circuit court granted a temporary injunction preventing further
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A temporary injunction was improperly granted where the licensee possessed only a revocable license to use parking spaces, was unlikely to succeed on the merits, and the injunction would alter rather than preserve the status quo by requiring restoration to a pre-construction cond
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Nickolas White, convicted of first-degree murder as a juvenile, was resentenced to life in prison with sentencing review after 25 years. The appellate court reversed the sentence on the ground that the trial court failed to order a presentence investigation (PSI) as required by F
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257 So. 3d 1228·
Fla. 1st DCA·
2018-11-30
·cited 3×
The trial court properly denied the motion to suppress because the officers had reasonable suspicion to detain Channell based on his unprovoked flight in a high crime area combined with additional factors, and the warrantless protective sweep of the hotel room was justified by re
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On remand from the U.S. Supreme Court following Moore v. Texas, the Florida Supreme Court reaffirmed its denial of Tavares Wright's intellectual disability (ID) claim, holding that Moore does not require a different outcome. The court found that Wright failed to establish either
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Timothy Eugene Burnett appeals his conviction for firearm possession by a convicted felon, challenging the validity of the Terry stop and frisk that led to discovery of the weapon. The Florida Fifth District Court of Appeal agrees that the officer lacked reasonable suspicion to c
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Kevin Sammiel appeals his conviction for first-degree murder and armed robbery. The appellate court affirmed his conviction and sentence, finding no merit in twelve issues raised, including a challenge to the suppression ruling denying his motion to suppress evidence from a traff
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The court held that a defendant's criminal record does not legally preclude a finding that a subsequent offense was an isolated incident for purposes of downward departure from sentencing guidelines.
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In this appellate decision, the Fourth District Court of Appeal clarified the law governing when trial courts may award attorney's fees under Florida Statute § 57.105 on their own initiative. The court held that a trial court does not abuse its discretion in awarding such fees on
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194 So. 3d 1042·
Fla. 1st DCA·
2016-04-04
·cited 3×
Gabrielle Goodwin appeals the Florida Department of Children and Families' calculation of her Medicaid co-payment for nursing home care, arguing that federal law required DCF to deduct all of her unpaid pre-eligibility nursing home expenses from her patient responsibility amount.
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The State appeals the trial court's order suppressing Michael Parker's recorded police interview in a burglary and sexual battery case. The appellate court reverses, holding that the detective properly responded to Parker's prefatory questions about counsel and did not violate Mi
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National Indemnity appealed a declaratory judgment finding that its commercial general liability insurance policy provided coverage for a seasonal worker's injuries. The court affirmed, holding that the policy's definition of "temporary worker" was ambiguous regarding who could f
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Parents of a child born with a brain injury appealed the denial of benefits under Florida's Birth-Related Neurological Injury Compensation Plan, arguing their daughter suffered a compensable birth-related neurological injury. The court affirmed the administrative law judge's dete
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S.D. Fla.·
1994-06-02
·cited 3×
The court affirmed the bankruptcy court's judgment regarding preferential and fraudulent transfers of property but vacated and remanded the judgment against the garnishee bank because a third party claimed ownership of the garnished accounts and was entitled to a jury trial.
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The court held that the district court erred in finding no disparate impact, as the evidence presented established a prima facie case of racial discrimination in employment practices.