De Novo Review Of Legal Questions

216 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Siegle v. Progressive Consumers Ins. Co.
  819 So. 2d 732· Fla.· 2002-05-23 ·cited 159×
  The Florida Supreme Court held that an automobile collision insurance policy providing for repair or replacement of damaged vehicles "with other of like kind and quality" does not obligate the insurer to compensate the insured for diminution in market value ("inherent diminished
• Gorman Roberts, Jr. v. State
  874 So. 2d 1225· Fla. 4th DCA· 2004-05-26 ·cited 116×
  Gorman Roberts was convicted of manslaughter in the drowning death of a five-year-old child. The Fourth District Court of Appeal reversed his conviction, holding that the Miranda warning he received was constitutionally defective because it failed to inform him that he had a righ
• Genaro Hermino Rodriguez-Rivera v. U.S. Dep't of Immigr. & Naturalization
  848 F.2d 998· 9th Cir.· 1988-06-07 ·cited 69×
  The court held that the Board of Immigration Appeals (BIA) did not err in denying the petitioner's request for asylum and withholding of deportation, as he failed to establish a well-founded fear of persecution.
• United States v. Merbi Suarez
  911 F.2d 1016· 5th Cir.· 1990-08-30 ·cited 64×
  The court held that the district court erred by applying a revised sentencing guideline that removed the scienter requirement for firearm possession enhancements without making a finding of scienter, violating the ex post facto clause.
• State of Wash. ex rel. Michael D. Edwards v. Heimann
  633 F.2d 886· 9th Cir.· 1980-12-08 ·cited 58×
  The Comptroller had the statutory authority to approve national banks' exchanges of existing branch banks under 12 U.S.C. § 36(c) and R.C.W. 30.40.020.
• Genworth Life & Annuity Ins. Co. v. TVPX ARS, Inc.
  959 F.3d 1318· 11th Cir.· 2020-05-26 ·cited 50×
  The court held that the district court abused its discretion by enjoining TVPX's lawsuit based on res judicata without sufficient factual findings that Genworth's conduct had remained unchanged since the prior settlement.
• Nestor Garcia v. State
  872 So. 2d 326· Fla. 2d DCA· 2004-04-14 ·cited 46×
  Garcia pleaded no contest to drug charges while reserving the right to appeal the denial of his motion to suppress a search warrant for his residence. The appellate court reversed, finding that the search warrant affidavit lacked sufficient probable cause to establish that cocain
• United States v. Thomas
  759 F.2d 659· 8th Cir.· 1985-04-11 ·cited 44×
  The court held that the two indictments charged separate conspiracies, not the same offense, and therefore the Double Jeopardy Clause did not bar the second prosecution.
• Threlkeld v. Commissioner OF Internal Revenue
  848 F.2d 81· 6th Cir.· 1988-06-01 ·cited 35×
  Damages received for injury to professional reputation are excludable from gross income under I.R.C. § 104(a)(2) as they constitute damages on account of personal injuries.
• Hayes v. Kincheloe
  784 F.2d 1434· 9th Cir.· 1986-03-19 ·cited 35×
  A guilty plea is involuntary if the defendant does not receive actual notice of the true nature of the charge against him or possess an understanding of the law in relation to the facts.
• Boyhan v. Maguire
  693 So. 2d 659· Fla. 4th DCA· 1997-05-07 ·cited 33×
  Boyhan sought to vacate an arbitration award against him, claiming the arbitration panel's chairman displayed evident partiality based on critical comments about the opposing party's attorney and conduct during the hearing. The court affirmed the trial court's denial of vacatur,
• United States v. Shewmaker
  936 F.2d 1124· 10th Cir.· 1991-06-24 ·cited 32×
  The court held that the district court erred in sentencing concurrently without considering Guideline departure, and that the defendant's criminal history and marijuana quantity calculations were proper.
• United States v. Boyer
  931 F.2d 1201· 7th Cir.· 1991-05-07 ·cited 32×
  The court held that the defendant failed to meet his burden of proof to show his prior convictions were constitutionally invalid and that the district court's finding that the drug quantity was foreseeable was not clearly erroneous.
• United States v. State OF Or. & State of Wash.
  718 F.2d 299· 9th Cir.· 1983-10-12 ·cited 30×
  The court held that the appeal was not moot and affirmed the district court's preliminary injunction, finding it struck an appropriate balance between treaty fishing rights and conservation needs.
• United States v. Hoyos
  892 F.2d 1387· 9th Cir.· 1989-03-06 ·cited 27×
  A warrantless protective sweep of a house after an arrest outside is unreasonable under the Fourth Amendment absent specific articulable facts supporting a belief that others inside pose a threat or will destroy evidence.
• Brown v. United States Dep't of Interior
  679 F.2d 747· 8th Cir.· 1982-06-03 ·cited 26×
  The court held that mining claims are not allowable on lands within the Buffalo National River because the act establishing it as part of the National Park System implicitly withdrew those lands from mineral entry.
• United States v. Wright
  891 F.2d 209· 9th Cir.· 1989-12-04 ·cited 24×
  The court held that the Sentencing Commission intended sections 4A1.1(d) and (e) to apply to the offense of escape, and their application does not violate the Fifth Amendment's double jeopardy clause.
• Beisler v. Commissioner OF Internal Revenue
  814 F.2d 1304· 9th Cir.· 1987-04-09 ·cited 24×
  Payments from the NFL Player Retirement Plan are not excludable from gross income under 26 U.S.C. § 105(c) because the plan does not compute benefits with reference to the type and severity of the injury, as required by § 105(c)(2).
• Hollywood Towers Condo. Ass'n, Inc. v. Hampton
  40 So. 3d 784· Fla. 4th DCA· 2010-06-23 ·cited 23×
  The Florida Fourth District Court of Appeal reversed a trial court's denial of injunctive relief sought by a condominium association to access a unit owner's condominium to repair structural damage to her balcony. The court adopted a deferential standard of review for condominium
• Boston Edison Co. v. Fed. Energy Regulatory Comm'n
  856 F.2d 361· 1st Cir.· 1988-09-06 ·cited 23×
  The court held that the contract language unambiguously foreclosed recovery of plant addition interest costs (PAI) and that FERC correctly excluded extrinsic evidence. The court also affirmed FERC's authority to order refunds for improperly billed PAI charges, notwithstanding a c
• Karastan Edwards v. U.S. Attorney General
  56 F. 4th 951· 11th Cir.· 2024-03-06 ·cited 22×
  Karastan Edwards, a Jamaican lawful permanent resident, challenged a removal order based on his 2012 conviction for family violence battery in Georgia. The Eleventh Circuit Court of Appeals held that Edwards was properly classified as removable due to an "aggravated felony" convi
• K.V. v. State
  832 So. 2d 264· Fla. 4th DCA· 2002-12-11 ·cited 22×
  The court held that the trial court erred in admitting hearsay testimony, and this error was not harmless because the statement was incriminating and the sole identification witness.
• Olimpia Lazo-Majano v. Immigr. & Naturalization Serv.
  813 F.2d 1432· 9th Cir.· 1987-04-02 ·cited 22×
  The court held that the appellant suffered persecution on account of political opinion, entitling her to asylum and withholding of deportation.
• Padgett v. State
  73 So. 3d 902· Fla. 4th DCA· 2011-11-16 ·cited 20×
  The appellate court held that the detective's hearsay testimony was inadmissible and the error was not harmless, requiring a new trial.
• Burkey v. State
  922 So. 2d 1033· Fla. 4th DCA· 2006-03-01 ·cited 20×
  Carl Burkey was convicted of sale and delivery of cannabis and possession of cannabis after a jury trial. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court reversibly erred by excluding non-hearsay testimony that the defendant
• Barnard v. Collins
  958 F.2d 634· 5th Cir.· 1992-04-03 ·cited 20×
  The court held that the Texas capital sentencing statute, as applied, did not unconstitutionally prevent the jury from considering mitigating evidence, and that Barnard's claims of ineffective assistance of counsel lacked merit.
• In re Meade Land & Dev. Co.
  527 F.2d 280· 3d Cir.· 1975-12-15 ·cited 20×
  The court held that the Bankruptcy Judge's fee award could not be sustained due to inadequate time records and remanded for redetermination based on supported hours, and that certain non-legal services could be compensable if they constituted necessary legal advice.
• Maldonado-Cruz v. U.S. Dep't of Immigr. & Naturalization
  883 F.2d 788· 9th Cir.· 1989-08-24 ·cited 19×
  The court should not make factual determinations regarding credibility; the case should be remanded for such findings by the fact finder.
• Pratte v. Nat'l Labor Relations Bd.
  683 F.2d 1038· 7th Cir.· 1982-07-08 ·cited 19×
  The court held that the plaintiff's reliance on the government's job offer was unjustified, thus failing to establish a claim for equitable estoppel.
• B.L.R. v. State
  74 So. 3d 173· Fla. 1st DCA· 2011-11-16 ·cited 18×
  A juvenile appealed his disposition order committing him to a maximum-risk facility after violating probation. The Florida appellate court reversed, holding that the trial court failed to comply with E.A.R. v. State by not articulating the specific characteristics of opposing res
• The Cincinnati GAS & Elec. Co. v. Fed. Energy Regulatory Comm'n
  724 F.2d 550· 6th Cir.· 1984-01-10 ·cited 18×
  The court held that BMCI, a newly formed entity, did not qualify as a 'Buckeye Member' under the plain language and intent of the 1968 Power Delivery Agreement, as it lacked the substantive operational characteristics of the original member cooperatives.
• United States v. Shaw
  936 F.2d 412· 9th Cir.· 1991-06-11 ·cited 17×
  The court held that the term 'cocaine base' in 21 U.S.C. § 841(b) and U.S.S.G. § 2D1.1 refers to smokable forms like 'crack' or 'rock cocaine,' not specifically requiring a hydroxylion.
• United States v. Shano
  955 F.2d 291· 5th Cir.· 1992-02-26 ·cited 16×
  The court held that unlawful possession of a firearm by a felon is not a crime of violence under U.S.S.G. § 4B1.2, and therefore cannot serve as the basis for a career offender enhancement. The court also held that the district court's upward departure for supervised release lack
• In re Kolstad v. Kolstad
  928 F.2d 171· 5th Cir.· 1991-04-10 ·cited 16×
  The bankruptcy court did not abuse its discretion in permitting the IRS to amend a debtor-filed proof of claim, even after the bar date, because the amendment did not assert a new claim and the debtor could not unilaterally control the claim amount.
• Sherman v. Myron K. Sherman
  279 So. 3d 188· Fla. 4th DCA· 2019-09-25 ·cited 14×
  Valerie Sherman appealed the trial court's denial of her motion to amend the final judgment in a partition action, seeking an award of costs against her brother Myron under Florida Statute § 57.041(1). The trial court incorrectly applied a "prevailing party" standard rather than
• Zimmerman v. H.E. Butt Grocery Co.
  932 F.2d 469· 5th Cir.· 1991-06-03 ·cited 14×
  Oral promises of lifetime employment are barred by the Texas statute of frauds, and an employee handbook, absent an express agreement to discharge only for cause, does not modify the at-will employment doctrine.
• United States v. Florentino
  922 F.2d 1443· 10th Cir.· 1990-12-28 ·cited 14×
  The court held that the Sentencing Guidelines permit prior convictions for transporting illegal aliens to be counted both for increasing the offense level and for determining the criminal history category, and that this is not impermissible double counting.
• Lowery v. Ill. Cent. Gulf R.R. Co.
  891 F.2d 1187· 5th Cir.· 1990-01-16 ·cited 14×
  The court held that the plaintiff was not an employee under FELA and was a licensee/trespasser under state law, but that the rescue doctrine claim should be reconsidered.
• United Transp. Union v. Dole
  797 F.2d 823· 10th Cir.· 1986-06-27 ·cited 14×
  The court held that the acquisition of existing sleeping quarters by a railroad was not equivalent to 'construction' prohibited by the Hours of Service Act, as amended, and its regulations.
• The First Nat'l Bank IN Sioux Falls v. Nat'l Bank OF S.D. & all its Branches using the name of First Bank of S.D. (N.A.)-Sioux Falls
  667 F.2d 708· 8th Cir.· 1981-12-29 ·cited 14×
  The court held that the Comptroller's approval of a national bank's name change was not arbitrary, capricious, or contrary to law, and that the bank had no proprietary right to the word 'first'.
• Medco Data, LLC v. Bailey
  152 So. 3d 105· Fla. 2d DCA· 2014-11-26 ·cited 13×
  The court held that the trial court erred by failing to apply the statutory presumption of irreparable injury when considering a motion for temporary injunction to enforce a restrictive covenant.
• Tolbert v. State
  114 So. 3d 291· Fla. 4th DCA· 2013-05-01 ·cited 13×
  Cecil Tolbert was convicted of armed kidnapping and sexual battery based primarily on DNA evidence matching him to the victim's samples. The appellate court found that the trial court erred in admitting hearsay testimony from DNA analyst Baird summarizing another analyst's 1996 D
• McCANN v. Walker
  852 So. 2d 366· Fla. 5th DCA· 2003-08-15 ·cited 13×
  The appellate court affirmed the trial court's summary judgment compelling the former wife to return the parties' minor children to Florida with her, finding the modified final judgment of dissolution was ambiguous and required interpretation.
• Metro-Dade Invs. v. Granada Lakes Villas Condo., Inc.
  74 So. 3d 593· Fla. 2d DCA· 2011-11-23 ·cited 12×
  Metro-Dade Investments and Santa Barbara Landings Property Owner's Association appealed a trial court's denial of their motion to appoint a receiver over Granada Lakes Villas Condominium Association. The appellate court reversed, holding that trial courts possess inherent equitab
• United States v. Brimberry
  961 F.2d 1286· 7th Cir.· 1992-04-17 ·cited 12×
  The court held that a defendant's silence at trial does not trigger an affirmative duty for the court to inquire into the waiver of the right to testify, and that the 'tax loss' for sentencing purposes is the amount of tax owed, not the amount the IRS can recover.
• United States v. Aceves-Rosales
  832 F.2d 1155· 9th Cir.· 1987-11-18 ·cited 12×
  The court held that the trial court did not abuse its discretion in excluding a medical record due to late disclosure under Fed.R.Crim.P. 16, and that sufficient evidence supported the conviction for assault with a deadly weapon.
• THE Florida BAR v. Pape
  918 So. 2d 240· Fla.· 2005-11-17 ·cited 11×
  The Florida Supreme Court disciplined two attorneys for using a pit bull logo and phone number (1-800-PIT-BULL) in their television advertisement, finding the ads violated rules prohibiting characterizations of service quality and misleading visual depictions, and that First Amen
• State v. Joubert
  847 So. 2d 1023· Fla. 3d DCA· 2003-05-07 ·cited 11×
  The State appealed a trial court order vacating a murder conviction on the grounds that the defendant's trial counsel had been disbarred effective May 24, 2001, before representing the defendant at trial and sentencing in June 2001. The appellate court affirmed, holding that repr
• Thomas v. Carpenter
  881 F.2d 828· 9th Cir.· 1989-08-09 ·cited 11×
  A public employee states a cause of action under 42 U.S.C. § 1983 for retaliation when their employer takes adverse actions against them for engaging in constitutionally protected speech, even if the employee was not terminated or demoted.
• Smith v. U.S. Attorney General
  983 F.3d 1206· 11th Cir.· 2020-12-18 ·cited 10×
  Florida's vehicular homicide statute requires a level of recklessness that constitutes a crime of moral turpitude for immigration purposes.