De Novo Review Of Legal Determinations

25 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Mullet v. Mullet
  817 F.2d 677· 10th Cir.· 1987-05-01 ·cited 58×
  The court held that reasonable reliance is required under 11 U.S.C. § 523(a)(2)(A) to prevent the discharge of a debt obtained by false representation, and the bank failed to demonstrate such reasonable reliance.
• Trs. OF Iron Workers Local 473 Pension Tr. v. Allied Prods. Corp.
  872 F.2d 208· 7th Cir.· 1989-04-13 ·cited 33×
  The court held that a complete withdrawal from a multiemployer pension plan under ERISA requires the permanent cessation of 100% of covered operations, not 'virtually all,' and that district courts must fully review an arbitrator's legal determinations de novo.
• Berenguela-Alvarado v. Castanos
  950 F.3d 1352· 11th Cir.· 2020-02-25 ·cited 25×
  The court held that the district court committed clear error in finding the father denied making threats and erred as a matter of law by shifting the burden of proof to the mother on the issue of consent.
• Syvasky Lafayette Poyner v. Murray
  964 F.2d 1404· 4th Cir.· 1992-05-08 ·cited 14×
  The court held that the defendant's statement was a request for clarification, not an invocation of his right to counsel, and that even if it were, his subsequent statements reinitiated interrogation and constituted a knowing and intelligent waiver of his rights.
• Robinson v. Borg
  918 F.2d 1387· 9th Cir.· 1990-10-30 ·cited 10×
  A suspect's statement, "I have to get me a good lawyer, man. Can I make a phone call?", made during custodial interrogation, constitutes an unequivocal request for counsel, requiring cessation of all questioning.
• In re Burlington N., Inc.
  832 F.2d 430· 7th Cir.· 1987-10-28 ·cited 8×
  The court held that the principles for awarding attorneys' fees under Hensley v. Eckerhart apply to fees sought for litigating prior fee awards. The district court did not abuse its discretion in reducing the fee award based on limited success.
• Breman Wootton v. Iron Acquisitions
  338 So. 3d 425· Fla. 2d DCA· 2022-05-04 ·cited 7×
  This case concerns whether a landlord must strictly comply with Florida's security deposit notice statute (section 83.49) to retain any portion of a tenant's deposit. The appellate court held that strict compliance is mandatory and reversed the lower court's decision, finding the
• Sch. Dist. OF Polk Cnty. v. Polk Educ. Ass'n
  100 So. 3d 11· Fla. 2d DCA· 2011-08-17 ·cited 6×
  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
• David L. Kennedy (88-1254) v. Commissioner OF Internal Revenue
  876 F.2d 1251· 6th Cir.· 1989-06-05 ·cited 6×
  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.
• In re Lansford v. Lansford
  822 F.2d 902· 9th Cir.· 1987-07-22 ·cited 6×
  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.
• In re Coones v. Coones
  954 F.2d 596· 10th Cir.· 1992-01-03 ·cited 4×
  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.
• In re Gonic Realty Tr.
  909 F.2d 624· 1st Cir.· 1990-07-26 ·cited 4×
  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.
• Burnett v. State
  246 So. 3d 516· Fla. 5th DCA· 2018-05-04 ·cited 3×
  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
• Aquastar Holdings LLC v. Avant Design Grp., Inc.
  421 So. 3d 767· Fla. 3d DCA· 2025-09-17 ·cited 2×
  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
• Nadell v. Apachula B. Hursey
  363 So. 3d 1135· Fla. 3d DCA· 2023-06-21 ·cited 2×
  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
• Barnes v. State
  75 So. 3d 1287· Fla. 1st DCA· 2011-12-20 ·cited 2×
  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
• In re Robinson v. Tenantry
  987 F.2d 665· 10th Cir.· 1993-02-23 ·cited 2×
  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.
• Graham Holmwood v. Balasubramanyan Sugavanam
  948 F.2d 1236· Fed. Cir.· 1991-11-05 ·cited 2×
  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.
• Gay L. Leimbach v. Allen
  976 F.2d 912· 4th Cir.· 1992-10-06 ·cited 1×
  The court held that the district court had proper subject matter jurisdiction and did not err in finding that the change of beneficiaries on the life insurance policies was the product of undue influence, thus invalidating the changes.
• THE Bank OF NEW York v. Henry
  Fla. 6th DCA· 2026-07-10
  A party seeking to set aside a judicial foreclosure sale must prove both an adequate equitable factor (such as irregularity, gross inadequacy of consideration, surprise, accident, or mistake) and that the factor resulted in injustice to the complaining party; mere proof of an equ
• Barrish v. Interiors by Steven G., Inc.
  Fla. 3d DCA· 2026-05-27
  The FDUTPA claim was properly dismissed because the contract explicitly disclosed the pricing structure and the customer approved all invoices, failing to establish deception or unfair practices. The flooring credit award was supported by competent evidence independent of any set
• Hill v. State
  Fla. 1st DCA· 2020-01-21
  When a trial court revokes probation based on multiple violations but one violation is legally insufficient, the court must reverse and remand for reconsideration unless the record clearly shows the court would have revoked based solely on the valid violations.
• Hill v. State
  Fla. 1st DCA· 2020-01-21
  When some grounds of probation violation are upheld and others are invalidated, the order must be reversed and remanded for reconsideration unless the record clearly demonstrates the trial court would have revoked probation based only on the upheld grounds.
• In re Midway P'rs v. Ocie F. Murray, Jr.
  995 F.2d 490· 4th Cir.· 1993-06-01
  The court held that the bankruptcy court did not err in valuing the collateral, but erred in denying the RTC's second unsecured claim because the first loan's principal and interest consumed the collateral's value, leaving the second loan unsecured.
• Cheyenne-Arapaho Tribes OF Oklahoma v. The United States
  966 F.2d 583· 10th Cir.· 1992-06-05
  The court held that the Secretary breached his fiduciary duty by failing to consider relevant economic factors when approving communitization agreements, rendering them invalid and causing certain leases to expire.