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161 So. 3d 1257·
Fla.·
2015-04-16
·cited 31×
The Florida Supreme Court resolved a conflict between two district courts on whether a trial judge or jury determines the credibility of an in-court witness testifying about an out-of-court statement against penal interest made by a third party. The court held that credibility as
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813 So. 2d 155·
Fla. 4th DCA·
2002-03-13
·cited 30×
Parents of an infant who died fourteen hours after birth appeal from an administrative decision finding the child suffered a compensable birth-related neurological injury under Florida's no-fault compensation plan. The court reverses, holding that the statute requires both the me
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901 F.2d 647·
8th Cir.·
1990-04-09
·cited 22×
A threat constitutes a crime of violence under Sentencing Guideline § 4B1.1 if it has as an element the threatened use of physical force, regardless of the perpetrator's contemporaneous ability to carry out the threat. The extent of a downward departure is not appealable.
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936 F.2d 165·
4th Cir.·
1991-06-11
·cited 18×
The court held that the defendant's waiver of his right to appeal was not knowing and intelligent, and that the district court did not err in grouping offenses for sentencing purposes.
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833 F.2d 850·
9th Cir.·
1987-12-03
·cited 17×
The court held that routine, day-to-day monitoring by a plaintiff's counsel can constitute duplication of effort, even when a separate monitoring entity exists.
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997 So. 2d 426·
Fla. 5th DCA·
2008-10-31
·cited 12×
Orlando Regional Healthcare System appeals an administrative decision denying compensation for a newborn's brain injury under Florida's Birth-Related Neurological Injury Compensation Plan. The court reversed, holding that the ALJ misinterpreted the statutory phrase "resuscitation
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980 F.2d 645·
10th Cir.·
1992-11-25
·cited 12×
The court held that the burden is on the government to prove weapon possession by a preponderance of the evidence, after which the defendant must show it is clearly improbable the weapon was connected to the offense for the enhancement not to apply.
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930 F.2d 1447·
10th Cir.·
1991-04-16
·cited 12×
The court held that the sentencing guideline for failure to appear (U.S.S.G. § 2J1.6) is lawful and reasonably applies the statutory directives, even when the underlying offense's maximum penalty differs from the actual sentence received.
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239 So. 3d 129·
Fla. 1st DCA·
2018-01-29
·cited 9×
A trial court does not abuse its discretion in excluding a third-party confession when the statement lacks sufficient corroboration and was made by a declarant under the influence of narcotics and alcohol, failing to satisfy the trustworthiness requirements of both the Florida Ev
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62 So. 3d 1142·
Fla. 1st DCA·
2011-05-23
·cited 9×
Michele DeWolfe was convicted of felony petit theft for stealing air conditioners. The appellate court reversed and remanded for a new trial, holding that the trial court erred in excluding hearsay testimony about the deceased thief Bruce Ahlgren's confession to the crime, which
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361 So. 3d 896·
Fla. 1st DCA·
2023-05-31
·cited 8×
An employer/carrier that commences payment of benefits must provide written notice of its election to "pay and investigate" upon commencement of payment, not 59 days later, or it waives the right to deny compensability. A claimant's attorney is entitled to recover attorney's fees
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72 So. 3d 796·
Fla. 4th DCA·
2011-10-19
·cited 8×
The state appeals a trial court's discharge of cocaine delivery charges based on speedy trial violations. The court held that a bicycle stop and false name charge constitute a separate criminal episode from the later cocaine delivery charge, and therefore the state did not violat
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68 So. 3d 412·
Fla. 4th DCA·
2011-09-07
·cited 7×
Kevin Barcomb was convicted of felony driving with a revoked license after the trial court improperly allowed the prosecutor to impeach him about prior felony convictions based solely on an NCIC rap sheet without a certified copy of the conviction. The Fourth District reversed, h
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23 So. 3d 743·
Fla. 1st DCA·
2009-11-10
·cited 5×
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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342 So. 3d 680·
Fla. 4th DCA·
2022-07-20
·cited 4×
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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45 Fla. L. Weekly D1206·
Fla. 3d DCA·
2020-08-12
·cited 4×
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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286 So. 3d 962·
Fla. 1st DCA·
2020-01-08
·cited 4×
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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241 So. 3d 204·
Fla. 4th DCA·
2018-04-04
·cited 4×
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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946 So. 2d 1092·
Fla. 5th DCA·
2006-12-08
·cited 3×
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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312 So. 3d 954·
Fla. 4th DCA·
2021-03-10
·cited 2×
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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304 So. 3d 358·
Fla. 1st DCA·
2020-10-28
·cited 2×
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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214 So. 3d 698·
Fla. 4th DCA·
2017-03-29
·cited 2×
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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972 F.2d 271·
9th Cir.·
1992-08-05
·cited 2×
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.
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943 F.2d 1097·
9th Cir.·
1991-08-28
·cited 2×
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.
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418 So. 3d 245·
Fla. 3d DCA·
2025-08-13
·cited 1×
A trial court's award of temporary attorney's fees in a family law matter must be supported by specific factual findings regarding the parties' need and ability to pay, and must include findings as to the reasonableness of the hours expended and hourly rates charged. Conclusory d
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294 So. 3d 324·
Fla. 4th DCA·
2020-03-04
·cited 1×
Section 57.105 does not authorize a court to award a movant not only reasonable attorney's fees but also an additional punitive amount equivalent to the non-movant's attorneys' hours expended. While a court may consider the non-movant's attorneys' hours expended in determining th
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277 So. 3d 647·
Fla. 1st DCA·
2019-04-22
·cited 1×
A trial court errs by entering judgment on a promissory note based on a copy when the original is lost, unless the creditor produces the original or formally reestablishes the lost note by proving the statutory requirements of section 673.3091, including that possession cannot re
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261 So. 3d 721·
Fla. 1st DCA·
2018-12-14
·cited 1×
Lisa Rawson appealed a trial court's denial of her motion for attorney's fees and costs under Florida Statute section 57.105 against Gulf Coast Property Management Company, which filed a frivolous interpleader action despite a final divorce judgment awarding rental property to Ra
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Fla. 1st DCA·
2026-07-08
A trial court's modification of a parenting plan is affirmed where both parties alleged a substantial and material change in circumstances in their pleadings, binding them to that allegation, and the trial court made specific findings on each statutory best-interest factor. An aw
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Fla. 6th DCA·
2024-11-22
The trial court properly denied the father's Hague Convention petition for return of the child to Peru because the mother established the "well settled" exception by showing the child had developed a stable, permanent life in Florida with significant connections to her new enviro
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Fla. 4th DCA·
2024-07-31
A party's challenge to prevailing party status must be raised on appeal from the order denying the motion for rehearing that addressed the fee entitlement claim, or it is waived; therefore, the trial court lacked jurisdiction to consider a successive motion on that issue. Paraleg
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340 So. 3d 498·
Fla. 4th DCA·
2022-06-08
An award of attorneys' fees as a sanction must be directly related to the specific bad faith conduct and supported by detailed factual findings demonstrating the nexus between the misconduct and the fees incurred. The trial court's award of fees for the entire trial could not be
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340 So. 3d 498·
Fla. 4th DCA·
2022-06-08
The appellate court reversed an award of attorneys' fees imposed as a sanction for bad faith conduct by Philip Morris's counsel during opening statements. The court found the trial court erred by awarding fees for the entire trial, as the sanctions must be directly related to the
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Fla. 1st DCA·
2020-02-13
This case involves a workers' compensation claimant appealing a Judge of Compensation Claims' (JCC) order. The appellate court affirmed the denial of the claimant's request for a one-time change of physician, finding the claimant waived this right by accepting treatment from the
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822 F.2d 905·
9th Cir.·
1987-07-22
Income from slot machines is not 'earned income' under I.R.C. § 1348 because capital was a material income-producing factor and the taxpayer's personal efforts were not the sole source of creation.
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795 F.2d 897·
10th Cir.·
1986-07-02
The court held that a meeting with a supervisor regarding a performance appraisal, even if initiated by the employee and occurring off-site, can satisfy the 'on duty' requirement for insurance coverage if it is for a bona fide job-related purpose. The court also held that the pla