De Novo Review Of Legal Conclusions

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

• G.L. v. Dep't OF Child. & Families
  80 So. 3d 1065· Fla. 5th DCA· 2012-02-14 ·cited 2×·via De Novo Review Of Legal Questions
  Father G.L. appeals the termination of his parental rights to his child T.M.L., arguing that the trial court failed to comply with the Indian Child Welfare Act's (ICWA) notice requirements. The Fifth District Court of Appeal agrees, finding that the mother's notice of possible In
• Barnes v. State
  75 So. 3d 1287· Fla. 1st DCA· 2011-12-20 ·cited 2×·via De Novo Review Of Legal Determinations
  Dennis Barnes appeals his conviction for possession of a firearm by a convicted felon, challenging the trial court's denial of his motion to suppress evidence obtained from a search of his marital home. The court affirmed, holding that Barnes's estranged wife, who had fled the ho
• Carolina Pres. P'rs, Inc. v. Wolf Arbin Weinhold
  414 B.R. 754· M.D. Fla.· 2009-03-26 ·cited 2×
  The bankruptcy court abused its discretion in approving a compromise because the purported general partners lacked the legal authority under the partnership agreement and Florida law to encumber partnership property for the benefit of individual creditors.
• Kelley v. State
  3 So. 3d 970· Fla.· 2009-01-22 ·cited 2×
  William Kelley, convicted and sentenced to death in 1984 for a 1966 murder, appealed the trial court's denial of his successive postconviction motion under Rule 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial, holding
• Grunau v. Waage (In Re Grunau)
  376 B.R. 322· M.D. Fla.· 2007-09-24 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion by denying an evidentiary hearing, as the appellants failed to demonstrate disputed material facts and the bankruptcy court provided sufficient notice and opportunity to be heard. However, the case is remanded
• Smith v. Fla. Dep't OF Corr.
  961 So. 2d 1050· Fla. 1st DCA· 2007-07-24 ·cited 2×·via De Novo Review Of Legal Questions
  PERC erred as a matter of law by stating marital strife and emotional turmoil can never qualify as mitigating factors in its review of agency action for correctional officers.
• Merrit Alonzo Sims v. State
  967 So. 2d 148· Fla.· 2007-07-12 ·cited 2×
  Merrit Sims appealed the denial of his postconviction motion challenging his death sentence for killing a police officer. The Florida Supreme Court reversed and remanded for a new trial, finding that defense counsel was ineffective for failing to challenge canine-alert evidence t
• Johnston v. Tampa Sports Auth.
  490 F.3d 820· 11th Cir.· 2007-06-26 ·cited 2×
  The Eleventh Circuit reversed a district court's preliminary injunction against the Tampa Sports Authority's pat-down search policy at Raymond James Stadium, holding that a season ticket holder voluntarily consented to the searches through his knowledge of the policy, multiple op
• Hoffman v. State
  964 So. 2d 163· Fla. 1st DCA· 2007-06-21 ·cited 2×
  Jeanne Hoffman appealed the Department of Management Services' denial of her request for retroactive retirement benefits following her husband's death in 1996. The court affirmed the Department's decision, holding that the Division's notification letters were sufficiently clear u
• Dennis v. State
  927 So. 2d 173· Fla. 2d DCA· 2006-04-28 ·cited 2×·via De Novo Review Of Law Application
  Ricardo Dennis was stopped by warrant officers who believed he resembled a suspect named Jeremiah Williams based on race, gender, hairstyle, and forehead shape. The Florida Second District Court of Appeal reversed Dennis's drug convictions, holding that the officers lacked reason
• Landi v. United States
  316 B.R. 363· M.D. Fla.· 2004-09-09 ·cited 2×
  The court held that the debtors' federal income tax liabilities were not dischargeable because they willfully attempted to evade or defeat such taxes, as supported by their actions and financial conduct.
• In re Scrap Metal Buyers of Tampa, Inc.
  253 B.R. 103· M.D. Fla.· 2000-08-31 ·cited 2×
  The court held that the bankruptcy court's adoption of a rebuttable presumption standard for awarding attorneys' fees under 11 U.S.C. § 303(i)(1) was appropriate, and that the petitioning creditors had met their burden to show fees were not warranted.
• Dzikowski v. Nsad Regulation
  247 B.R. 867· S.D. Fla.· 2000-04-14 ·cited 2×
  The court affirmed the bankruptcy court's order, holding that the funds in the trust account were not property of the debtor's estate because the debtor did not have control over them.
• United States v. Williams (In Re Williams)
  186 B.R. 521· M.D. Fla.· 1995-06-09 ·cited 2×
  A debtor's failure to pay taxes, even with awareness and ability to pay, does not constitute willful evasion under 11 U.S.C. § 523(a)(1)(C) if no additional evidence of evasion is presented.
• United States v. Kiester
  182 B.R. 52· M.D. Fla.· 1995-03-07 ·cited 2×
  The Bankruptcy Court abused its discretion by disallowing the IRS's tax claims without providing proper notice and an opportunity for a hearing.
• Caserta v. Tobin
  175 B.R. 773· S.D. Fla.· 1994-12-06 ·cited 2×
  A chapter 7 debtor lacks standing to object to a creditor's claim when a trustee has been appointed and no surplus will exist after distribution to creditors.
• In re Mulberry Phosphates, Inc.
  169 B.R. 750· M.D. Fla.· 1994-06-24 ·cited 2×
  The court held that the bankruptcy court abused its discretion by failing to apply the correct legal standard and making clearly erroneous factual findings regarding the reimbursement of expenses.
• United States v. Draper
  996 F.2d 982· 9th Cir.· 1993-06-22 ·cited 2×·via De Novo Review Of Legal Questions
  Absconding from pretrial release, even for a short period, constitutes obstruction of justice under U.S.S.G. § 3C1.1, warranting an upward adjustment of the offense level.
• United States v. Sanders
  990 F.2d 582· 10th Cir.· 1993-04-09 ·cited 2×·via De Novo Review Of Legal Questions
  The court held that the Armed Career Criminal Act applies to prior convictions that occurred on the same date, and that sentencing enhancements for possessing a stolen firearm and possessing a firearm in connection with another felony were properly applied.
• Tex. Instruments Inc. v. United States Int'l Trade Comm'n
  988 F.2d 1165· Fed. Cir.· 1993-03-10 ·cited 2×·via De Novo Review Of Legal Questions
  The court affirmed the ITC's determination that the '027 patent was not invalid and that certain imported plastic encapsulated circuits infringed claims 12, 14, and 17, thus violating section 337.
• In re Robinson v. Tenantry
  987 F.2d 665· 10th Cir.· 1993-02-23 ·cited 2×·via De Novo Review Of Legal Determinations
  The court held that the bankruptcy court was not clearly erroneous in finding the debtor's Chapter 13 plan was proposed in good faith, reversing the district court's decision.
• Hood v. Knappton Corp. Inc.
  986 F.2d 329· 9th Cir.· 1993-02-22 ·cited 2×·via De Novo Review Of Legal Questions
  The court held that the admiralty principle shifting the burden of proof to a drifting vessel is not superseded by Federal Rule of Evidence 301 and remains applicable in this circuit.
• Applegate v. Commissioner OF Internal Revenue
  980 F.2d 1125· 7th Cir.· 1992-12-07 ·cited 2×
  The court held that 'price later' grain contracts, where the price is not fixed until the seller demands payment or a year passes, are not considered 'payable on demand' for purposes of installment sale treatment under 26 U.S.C. § 453.
• United States v. Frazier
  979 F.2d 1227· 7th Cir.· 1992-11-16 ·cited 2×·via De Novo Review Of Legal Questions
  The court held that the district court incorrectly applied the Sentencing Guidelines by departing downward based on a finding of reduced mental capacity without sufficient evidence and by relying on impermissible factors.
• Fiberlok, Inc. v. LMS Enters., Inc.
  976 F.2d 958· 5th Cir.· 1992-11-10 ·cited 2×
  The court held that the district court did not err in calculating lost profits for an established business and properly applied the UCC § 2.708(b) measure of damages when the buyer's breach caused the seller's inability to mitigate.
• Holden v. Hagopian
  978 F.2d 1115· 9th Cir.· 1992-11-02 ·cited 2×·via De Novo Review Of Legal Questions
  The Ninth Circuit held that the general partnership interests in KTA were not securities because the investors retained significant legal control and were not dependent on the promoter's unique expertise.
• In re Coston v. Bank OF Malvern
  987 F.2d 1096· 5th Cir.· 1992-10-30 ·cited 2×·via De Novo Review Of Legal Questions
  The court held that while the Bank's motion for non-dischargeability was timely, its reliance on the debtors' misrepresentation of a retirement fund's liquidity was not commercially reasonable, thus the debt was dischargeable.
• Ibrahim Silwany-Rodriguez v. Immigr. & Naturalization Serv.
  975 F.2d 1157· 5th Cir.· 1992-10-26 ·cited 2×·via De Novo Review Of Legal Questions
  The court held that the 1990 amendments to the Immigration and Nationality Act apply to the petitioner's asylum application, rendering him ineligible for relief from deportation.
• qad. inc. v. ALN Assocs., Inc.
  974 F.2d 834· 7th Cir.· 1992-09-03 ·cited 2×
  The court held that the district court did not abuse its discretion in dissolving the preliminary injunction based on the plaintiff's misrepresentations, and that pendent appellate jurisdiction did not extend to reviewing the summary judgment ruling.
• United States v. Corbin
  972 F.2d 271· 9th Cir.· 1992-08-05 ·cited 2×·via De Novo Review Of Legal Interpretation
  The court held that the government presented sufficient evidence of the bank's federally insured status and that the victim sustained serious bodily injury under the Sentencing Guidelines.
• In re Beaubouef v. Beaubouef
  966 F.2d 174· 5th Cir.· 1992-07-16 ·cited 2×
  The court held that the bankruptcy court did not err in admitting evidence of the debtor's ownership in American Container, nor in denying his discharge based on a false oath.
• United States v. Marsh
  963 F.2d 72· 5th Cir.· 1992-06-04 ·cited 2×·via De Novo Review Of Legal Questions
  The court held that U.S.S.G. § 1B1.8 prohibits a district court from using self-incriminating information provided by a defendant to a probation officer, in reliance on a cooperation agreement, to calculate the applicable guideline range.
• United States v. Guerra
  962 F.2d 484· 5th Cir.· 1992-05-28 ·cited 2×
  The court held that attempted burglary qualifies as a crime of violence under U.S.S.G. § 4B1.2 for career offender enhancement purposes, based on application note 1.
• Nickeson v. Commissioner OF Internal Revenue
  962 F.2d 973· 10th Cir.· 1992-04-24 ·cited 2×·via De Novo Review Of Law Application
  The court held that taxpayers could not deduct research and development expenses under I.R.C. § 174 because the transactions lacked economic substance and a profit motive, and also affirmed penalties and increased interest.
• Granite Constr. Co. v. The United States
  962 F.2d 998· Fed. Cir.· 1992-04-01 ·cited 2×
  The court held that the Corps' demand for strict compliance and removal of waterstop, despite its substantial adequacy and the economic waste involved, was arbitrary and capricious, entitling the contractor to damages.
• McDERMITT v. United States
  954 F.2d 1245· 6th Cir.· 1992-01-29 ·cited 2×
  The court held that the district court's judgment was final and appealable, and that the plaintiff was a responsible person who willfully failed to pay withholding taxes, and that Ohio law barred contribution claims for breach of trust.
• In re Sweet v. Bank OF Okla.
  954 F.2d 610· 10th Cir.· 1992-01-17 ·cited 2×
  A debtor's failure to attend a reaffirmation hearing does not invalidate an otherwise enforceable reaffirmation agreement if the debtor was represented by counsel and had notice of the hearing.
• United States v. Ibarra
  948 F.2d 903· 5th Cir.· 1991-11-26 ·cited 2×·via De Novo Review Of Legal Questions
  The court granted rehearing en banc for Robert Franklin Chambers' Fourth Amendment claim regarding a search.
• Graham Holmwood v. Balasubramanyan Sugavanam
  948 F.2d 1236· Fed. Cir.· 1991-11-05 ·cited 2×·via De Novo Review Of Legal Determinations
  The court held that the Board of Patent Appeals and Interferences clearly erred in weighing the evidence and refusing to give full weight to Dr. Zeck's testimony regarding reduction to practice.
• Adolph Coors Co. v. Brady
  944 F.2d 1543· 10th Cir.· 1991-09-23 ·cited 2×
  The court held that the district court erred in granting summary judgment for Coors, finding that a material issue of fact exists regarding whether the prohibition on disclosing alcohol content directly advances the government's interest in preventing 'strength wars'.
• United States v. Garcia
  942 F.2d 873· 5th Cir.· 1991-09-10 ·cited 2×
  The court held that border patrol agents had reasonable suspicion to stop the defendant's vehicle and that the subsequent search of his wallet was lawful, even though based in part on erroneous information, due to the good faith exception and the defendant's actions.
• Meusy v. Montgomery Ward Life Ins. Co.
  943 F.2d 1097· 9th Cir.· 1991-08-28 ·cited 2×·via De Novo Review Of Legal Interpretation
  The court held that the district court's finding that the insured's death from a self-inflicted gunshot wound was proximately caused by a prior car accident was not supported by the evidence and that the reliance on Norbeck v. Mutual of Omaha Insurance Co. was misplaced.
• United States v. Lujan
  936 F.2d 406· 9th Cir.· 1991-06-10 ·cited 2×·via De Novo Review Of Sentence Legality
  The court held that the district court did not err in denying motions to suppress wiretap evidence, sever counts, admit certain testimony, strike an overt act, or furnish the trial transcript to the jury. However, a technical violation of Rule 32(c)(3)(D) occurred.
• Turner v. United States Parole Comm'n
  934 F.2d 254· 10th Cir.· 1991-05-24 ·cited 2×·via De Novo Review Of Legal Questions
  The Parole Commission has the statutory authority to issue a second parole violator warrant based on a new conviction, even if a prior warrant was issued for the same underlying conduct but resulted in conditional reinstatement due to insufficient evidence.
• Azar NUT Co. v. Commissioner OF Internal Revenue
  931 F.2d 314· 5th Cir.· 1991-05-15 ·cited 2×
  A loss incurred from the sale of a house purchased as part of an employment contract is a capital loss, not an ordinary business expense, because the house was not used in the taxpayer's trade or business after its acquisition.
• NEW EL REY Sausage Co., Inc. v. U.S. Immigr. & Naturalization Serv.
  925 F.2d 1153· 9th Cir.· 1991-02-07 ·cited 2×
  The court held that an employer's failure to take good faith steps to verify employee work authorization after receiving specific notice of invalid documents constitutes a knowing continuation of employing unauthorized aliens under IRCA.
• Fed. Data Corp. v. The United States
  911 F.2d 699· Fed. Cir.· 1990-08-09 ·cited 2×
  The court held that Federal Data Corporation lacked the requisite "interested party" status to protest the agency's proposed remedy because it had withdrawn from the procurement, thereby relinquishing any direct economic interest in the contract award.
• In re J.P. Fyfe v. Bradco Supply Corp.
  891 F.2d 66· 3d Cir.· 1989-12-08 ·cited 2×·via Plenary Review Of Legal Conclusions
  A payment made under a new workout arrangement, which included the use of preliminary lien notices and a departure from open account terms due to the debtor's financial distress, does not qualify as a payment made in the ordinary course of business under 11 U.S.C. § 547(c)(2) and
• Morrow Crane Co. v. Affiliated FM Ins. Co.
  885 F.2d 612· 9th Cir.· 1989-09-14 ·cited 2×·via De Novo Review Of Contract Interpretation
  The court held that the applicable insurance clause is determined by the contract between the insured's agent and the carrier, not the contract between the insured and its agent.
• United States v. Ramirez-Ramirez
  875 F.2d 772· 9th Cir.· 1989-05-25 ·cited 2×·via De Novo Review Of Legal Questions
  A defendant charged with drug importation and possession need not know the specific type or amount of the controlled substance, only that they possessed a controlled substance.