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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Without a transcript of the trial court hearing, an appellant challenging a guardianship termination fails to meet the substantial burden required to overcome the presumption that the trial court's ruling is correct.
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Where attorney's work on behalf of a successful party is inextricably intertwined with work on behalf of an unsuccessful party and involves a common core of facts, the trial court may award the full amount of attorney's fees without allocating between successful and unsuccessful
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The trial court erred in finding that the conditions for the ten-year lease extension under the Addendum were satisfied. The automatic seven-year extension under Paragraph Eight of the Lease was triggered when the tenant failed to notify the landlord to the contrary at least six
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A contract's fee-shifting provision that uses both 'may' and 'will' creates a mandatory entitlement to prevailing party attorney's fees when read in context; the word 'will' in the second sentence establishes a mandatory obligation to pay fees once collection efforts are undertak
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104 F.4th 1271·
11th Cir.·
2024-06-20
·cited 2×
The court held that an alien who provides an erroneous address and fails to correct it forfeits their right to notice of removal proceedings, excusing the government from providing such notice.
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Board members Harrison and Miller are entitled to absolute immunity under Florida Statutes section 768.28(9)(a) and common law absolute immunity for tort claims based on their words and actions in voting to terminate Stratos' employment, because the board had clear statutory and
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Fision Corporation appealed a summary judgment granted to Maria Frueh in a derivative action concerning an unpaid loan. The appellate court affirmed, holding that the promissory note required repayment in cash and Fision's attempt to introduce a new theory of repayment via stock
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This case involves a defendant seeking a writ of prohibition to overturn a trial court's denial of Stand Your Ground (SYG) immunity in a civil battery case. The appellate court, while questioning the availability of prohibition as a remedy in such civil cases, ultimately denied t
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The appellate court affirmed an award of attorney's fees and costs against Carmen Diaz. The court found that Diaz participated in an administrative proceeding challenging an environmental permit for an improper purpose, as evidenced by her lack of knowledge about the project and
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The appellate court reversed a trial court's decision that it lacked authority to modify child support obligations despite a marital settlement agreement's "absolute floor." The court held that trial courts retain jurisdiction to modify child support as equity requires, even if a
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352 So. 3d 908·
Fla. 3d DCA·
2022-11-30
·cited 2×
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The court held that the plaintiff failed to adequately plead with particularity that demand on the board was excused, as required by Delaware law and Federal Rule of Civil Procedure 23.1.
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342 So. 3d 855·
Fla. 1st DCA·
2022-07-20
·cited 2×
The appellate court reversed a trial court's decision that barred a mortgage foreclosure based on the "unclean hands" doctrine and awarded an incorrect amount. The court found no evidence that the bank acted unscrupulously or that the borrowers relied on any alleged misconduct to
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346 So. 3d 154·
Fla. 2d DCA·
2022-06-29
·cited 2×
The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
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333 So. 3d 809·
Fla. 1st DCA·
2022-02-16
·cited 2×
The appellate court reversed a downward departure sentence, finding that the trial court improperly based the departure on generalized concerns about COVID-19 and the perceived "minimal nature" of the felony petit theft. The court held that these reasons did not constitute valid
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342 So. 3d 249·
Fla. 1st DCA·
2022-02-16
·cited 2×
The appellate court reversed a lower court's denial of a motion to dissolve a temporary injunction. The court held that a state statute, which allows homeowners to remove dangerous trees with documentation from a certified arborist, preempts local ordinances requiring permits for
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333 So. 3d 335·
Fla. 1st DCA·
2021-11-03
·cited 2×
The appellate court reversed a downward departure sentence imposed on Steven Kunkemoeller, finding that the trial court's justifications were either legally insufficient or unsupported by the record. The court clarified that statutory and non-statutory grounds for departure must
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The original Declaration of Condominium designated laundry rooms as limited common elements and required the association to pay utility expenses as common expenses; the developer's veto right under the First Amendment prevented the Second Amendment from shifting utility costs to
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An insurer that validly exercises a contractual right to repair option is not required to make an initial loss payment under section 627.7011(3)(a), which is inapplicable when such a repair clause exists and is exercised. Section 627.70131(1)(a) does not require an insurer to ack
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The appellate court reversed an award of durational alimony in a long-term marriage, finding the trial court failed to provide sufficient findings to justify deviating from the presumption of permanent alimony. The case was remanded for further proceedings to determine the approp
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A party seeking attorney's fees need not cite the specific statute in the fee motion if the opposing party has actual and fair notice of the grounds for the claim through the complaint, pleadings, final judgment, and conduct during proceedings, particularly where the opposing par
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Where the parties stipulate to a presumption of undue influence and the burden of proof shifts to the substantial beneficiary under Florida Statute § 733.107(2), the beneficiary may rebut the presumption by presenting evidence supporting her active role in the testator's affairs,
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313 So. 3d 848·
Fla. 2d DCA·
2021-01-29
·cited 2×
The appellate court reversed a conviction for drug possession, finding that the State failed to demonstrate the legality of the search that uncovered the evidence. While reasonable suspicion for an investigatory stop was established, the State did not prove probable cause for the
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313 So. 3d 719·
Fla. 3d DCA·
2020-12-09
·cited 2×
A trial court must analyze the adequacy and availability of all proposed alternative forums before denying a motion to dismiss for forum non conveniens; failure to consider an alternative forum raised by the defendant constitutes an abuse of discretion.
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Once an employer/carrier accepts compensability of an injury via prior ruling or stipulation, the employer/carrier cannot challenge the causal connection between the work accident and the injury; instead, the employer/carrier bears the burden of proving a break in the causation c
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A settling defendant under a settlement agreement requiring perpetual payments based on market share remains liable for those payments even after transferring the underlying assets to a third party, where the settlement agreement is clear and unambiguous, contains no termination
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300 So. 3d 225·
Fla. 4th DCA·
2020-07-22
·cited 2×
The trial court properly excluded a medical record statement where the defendant failed to establish its admissibility under the correct hearsay exception at trial, and the defendant later took an inconsistent position by insisting the jury be told the fall was not caused by a jo
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The appellate court reversed a lower court's denial of a rehearing, finding that the trial court abused its discretion by proceeding with a hearing without the former wife, who was hospitalized and provided unrebutted medical documentation. The case concerns the partition of proc
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A trial court violates a defendant's double jeopardy rights by increasing a lawfully imposed minimum mandatory sentence. The court must remand for resentencing within the statutory maximum penalty.
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The court dismissed an appeal filed by a complainant in an administrative disciplinary proceeding. The court held that the complainant, as a non-party to the proceeding, lacked the statutory standing to appeal the agency's probable cause determination.
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The appellate court reversed a domestic violence injunction against a father, finding that the trial court improperly admitted hearsay statements from the child without first determining their reliability under Florida's child hearsay exception statute. The court held that withou
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The State appeals a trial court's suppression order following a traffic stop of Allen Robert Boston for driving under the influence. The appellate court reversed, holding that the officer had an objective basis to stop Boston for violating the statute prohibiting driving on the w
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U.S. Bank appealed the trial court's order denying its motion to retrieve original promissory note and mortgage documents from the court file in a foreclosed case. The dispute centered on whether an agreed order vacating a prior release order constituted a perpetual agreement to
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252 So. 3d 389·
Fla. 1st DCA·
2018-08-07
·cited 2×
Trial counsel was ineffective in failing to investigate and obtain the victim's school attendance records, which constituted deficient performance that prejudiced the defendant where the victim's credibility was the key issue and the records directly contradicted the victim's cla
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In this dissolution of marriage appeal, the husband challenges the trial court's valuation of the marital home, the buy-out payment schedule, and the award of special equity to the wife. The court affirms the valuation and buy-out provision but reverses the special equity award b
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The Delaware Supreme Court affirmed the Superior Court's denial of Donald Cole's motion for postconviction relief. The Court held that Cole's claims of ineffective assistance of counsel were procedurally barred under Rule 61(i) of the Superior Court Rules of Criminal Procedure, a
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876 F.3d 1302·
11th Cir.·
2017-12-11
·cited 2×
The dissenting judge argues that a confirmed Chapter 13 bankruptcy plan has a preclusive and binding effect on creditors, who must object to confirmation and appeal any adverse rulings to escape its terms. The judge asserts that Title Max failed to object to the plan confirmation
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230 So. 3d 893·
Fla. 4th DCA·
2017-11-29
·cited 2×
Gilbert Ramos appeals a dissolution of marriage judgment challenging the trial court's classification of his premarital vending machine business as marital property, its valuation of a coin collection at $36,000, and an order requiring him to obtain life insurance. The appellate
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A law firm sought a charging lien against assets awarded to a husband in a dissolution of marriage case. The trial court denied the motion, but the appellate court reversed, holding that a charging lien may properly attach to assets awarded in equitable distribution when the stat
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In this tobacco litigation case, R.J. Reynolds challenged enforceability of an attorney's fee agreement after the trial court awarded fees to the opposing party. The court held that the agreement was unenforceable because the plaintiff was not entitled to collect the damages awar
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The court held that the 2014 amendment to section 39.806(1)(f), Florida Statutes, which removed the nexus requirement between egregious conduct to a child and potential harm to a sibling, constituted a substantive change in the law and could not be applied retroactively to a case
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175 So. 3d 242·
Fla.·
2015-05-28
·cited 2×
Mark Twilegar appeals the denial of his motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirms, finding no ineffective assistance of counsel and rejecting Twilegar's public records claims.
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159 So. 3d 876·
Fla. 5th DCA·
2015-02-20
·cited 2×
A civil forfeiture of property under the Florida Contraband Forfeiture Act violates the Excessive Fines Clause of the Eighth Amendment when the value of the forfeited property is grossly disproportionate to the offenses and authorized penalties, even if the property qualifies as
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149 So. 3d 174·
Fla. 4th DCA·
2014-10-22
·cited 2×
The court held that the administrative law judge correctly rejected appellants' arguments that the Florida Administrative Code Rules governing the Florida Department of Law Enforcement’s approval and oversight of breath test instruments constitute an invalid exercise of delegated
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26 F. Supp. 270·
M.D. Fla.·
2014-09-15
·cited 2×
The court adopted the magistrate judge's recommendation to grant Bitex's motion to intervene and ADVAA's motion to set aside default, finding the plaintiff's objections unpersuasive.
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143 So. 3d 1037·
Fla. 3d DCA·
2014-07-23
·cited 2×
Elizabeth Padrón appealed a final order from the Florida Department of Environmental Protection (DEP) that approved Carl Ekblom's installation of a cradle boat lift without an Environmental Resource Permit (ERP). The court affirmed the DEP's determination that the boat lift satis
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The court held that the officer's commands to the defendant converted the encounter into a stop, which was not supported by reasonable suspicion, thus requiring suppression of the evidence.
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117 So. 3d 464·
Fla. 2d DCA·
2013-07-17
·cited 2×
Davis Family Day Care Home appeals DCF's denial of its large family child care home license application. The Second District reverses, holding that DCF erred in rejecting the ALJ's conclusion that disciplinary license denials require clear and convincing evidence rather than the
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Florida appealed a circuit court's decision awarding a defendant credit for time served in Brevard County jail toward his Broward County sentence. The Fourth District reversed, holding that under Gethers v. State, a defendant is only entitled to credit for jail time attributable
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135 So. 3d 312·
Fla. 1st DCA·
2012-10-10
·cited 2×
J.S. challenged an Administrative Law Judge's denial of attorney's fees in a proceeding challenging an unadopted agency rule. The Florida First District Court of Appeal reversed, holding that section 120.595(4)(a) does not limit attorney's fees recovery to the original petitioner