De Novo Review Of Legal Questions

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

• State v. Tacher
  84 So. 3d 1131· Fla. 3d DCA· 2012-03-28 ·cited 10×
  The State of Florida appealed the trial court's dismissal of charges against Tacher and Pedroso for lack of jurisdiction by the Office of Statewide Prosecution (OSP). The court reversed, holding that the OSP had authority to prosecute the defendants under Florida Statutes section
• Shiloh Toler and Troy Toler v. Bank OF Am.
  78 So. 3d 699· Fla. 4th DCA· 2012-02-01 ·cited 10×
  The Tolers appealed the trial court's denial of their motion to vacate a summary judgment in a mortgage foreclosure action. Although the appellate court found the motion was timely filed, it affirmed the denial because the Tolers failed to allege a colorable basis for relief unde
• Maxwell v. State
  917 So. 2d 404· Fla. 5th DCA· 2006-01-06 ·cited 10×
  Jonathan Maxwell, a mentally challenged seventeen-year-old, was charged with lewd and lascivious battery for consensual sexual activity with a younger girl. The court reversed his conviction because police failed to adequately warn him of his Miranda rights, specifically omitting
• Smith v. Collins
  964 F.2d 483· 5th Cir.· 1992-06-30 ·cited 10×
  The court held that the district court's denial of the habeas corpus petition was proper, as the alleged errors did not rise to the level of constitutional violations or were harmless.
• United States v. Oswaldo Uribe-Velasco
  930 F.2d 1029· 2d Cir.· 1991-04-18 ·cited 10×
  The court held that the district court's findings regarding the officers' knowledge of the defendant's association with Bitti were clearly erroneous, and the initial encounter likely constituted a seizure, requiring further examination of the stop's justification and consent's vo
• Aguilera-Cota v. U.S. Immigr. & Naturalization Serv.
  914 F.2d 1375· 9th Cir.· 1990-09-21 ·cited 10×
  The court should affirm the Board of Immigration Appeals' decision denying asylum.
• United States v. Munster-Ramirez
  888 F.2d 1267· 9th Cir.· 1989-11-07 ·cited 10×
  The dissenting judge believes the defendant's income from transporting illegal aliens was not a 'substantial portion' of his income to warrant sentence enhancement under U.S.S.G. § 4B1.3.
• Est. OF Arthur Chase Shafer v. Commissioner OF Internal Revenue
  749 F.2d 1216· 6th Cir.· 1984-12-11 ·cited 10×
  The court held that affidavits and a letter were properly admitted as party admissions and that the substance of the transaction, rather than its form, constituted a "transfer" under I.R.C. § 2036(a), requiring inclusion of the property's value in the decedent's gross estate.
• Katherine's BAY, LLC v. Fagan
  52 So. 3d 19· Fla. 1st DCA· 2010-12-14 ·cited 9×
  Katherine's Bay, LLC appeals an administrative decision invalidating a small-scale development amendment to Citrus County's Comprehensive Plan that would have changed the zoning of its property from Low Intensity Coastal and Lakes to Recreational Vehicle Park/Campground. The cour
• Monterrance Williamson v. State
  43 So. 3d 843· Fla. 1st DCA· 2010-08-31 ·cited 9×
  The court held that the trial court erred in revoking probation for a curfew violation because the evidence did not establish a violation of the court-imposed terms.
• Naim Butros v. United States Immigr. & Naturalization Serv.
  990 F.2d 1142· 9th Cir.· 1993-04-09 ·cited 9×
  The BIA's decision can be reopened and reconsidered at any time, regardless of the type of issue involved, because the INS regulation permits it.
• United States v. Franke Eugenio Martinez
  855 F.2d 621· 9th Cir.· 1988-01-28 ·cited 9×
  The dissenting judge would affirm the conviction, disagreeing with the majority's conclusion that the defendant's use of a false name was not material.
• Nathanson v. Morelli
  169 So. 3d 259· Fla. 4th DCA· 2015-07-08 ·cited 8×
  A party's claim for attorneys' fees is not waived if the opposing party had notice and acquiesced, or if the claim was raised in a timely manner in a case dismissed before an answer was filed.
• United States v. Valencia
  985 F.2d 758· 5th Cir.· 1993-02-24 ·cited 8×
  The government breached the plea agreement by arguing against the defendant's acceptance of responsibility, entitling the defendant to specific performance.
• United States v. Gessa
  971 F.2d 1257· 6th Cir.· 1992-08-07 ·cited 8×
  The court held that the district court's sentencing determination regarding the inclusion of the 2500 kilograms of cocaine was unclear and required remand for specific findings on the defendant's intent and capability. The conviction was affirmed.
• Edmund v. Thompson
  811 F.2d 1345· 10th Cir.· 1987-02-12 ·cited 8×
  The appellate court affirmed the district court's judgment, finding no reversible error in the determination that the employer did not intentionally discriminate against the employee based on race.
• Flooring Depot FTL, Inc. v. Wurtzebach
  330 So. 3d 47· Fla. 4th DCA· 2021-11-17 ·cited 7×
  The corporate veil may not be pierced absent a showing of improper conduct, and commingling of personal and corporate funds alone is insufficient to meet the statutory factors for piercing. The trial court's mathematical calculation of damages was also erroneous and required corr
• Anamarie M. Schroeder v. MTGLQ Invs., L.P.
  290 So. 3d 93· Fla. 4th DCA· 2019-09-18 ·cited 7×
  # LEGAL BRIEF **Schroeder v. MTGLQ Investors, L.P.**, 4D18-3177 (Fla. Dist. Ct. App. Sept. 18, 2019): The appellate court reversed a foreclosure judgment because the lender failed to pay required documentary stamp and intangible taxes on the increased principal balance created b
• Vital Pharms., Inc. v. Prof'l Supplements, LLC
  210 So. 3d 766· Fla. 4th DCA· 2017-02-15 ·cited 7×
  Vital Pharmaceuticals appealed an award of attorneys' fees to former employees who were wrongfully enjoined from working for a competitor. The court reversed, holding that because the trial court failed to require a bond when issuing the temporary injunction, damages including at
• Five Points Health Care, Ltd. v. Carlene Mallory
  998 So. 2d 1180· Fla. 1st DCA· 2008-12-31 ·cited 7×
  A nursing home appeals an order denying its motion to compel arbitration of a resident's rights lawsuit. The court held that the resident's daughter, acting under a broad durable power of attorney, had authority to bind the resident to an arbitration agreement in the nursing home
• Rutter v. Commissioner OF Internal Revenue
  853 F.2d 1267· 5th Cir.· 1988-09-07 ·cited 7×
  The court held that the Tax Court did not err in determining that a portion of the compensation paid to James Rutter was excessive and constituted dividend payments, subject to a higher tax rate.
• Clautide Jean-Pierre v. Glaberman
  192 So. 3d 613· Fla. 4th DCA· 2016-05-25 ·cited 6×
  Homeowners appealed a foreclosure judgment, writ of bodily attachment, and attorney's fees award. The court affirmed the foreclosure and attachment orders but reversed the attorney's fees award because the trial court failed to make detailed written findings explaining the basis
• Deutsche Bank Nat'l Tr. Co. v. Alaqua Prop.
  190 So. 3d 662· Fla. 5th DCA· 2016-04-22 ·cited 6×
  Deutsche Bank sought to foreclose a mortgage and needed to admit a promissory note into evidence at trial. The trial court ruled the note was hearsay and could only be admitted under the business records exception, which Bank failed to establish. The appellate court reversed, hol
• State v. Cuomo
  43 So. 3d 838· Fla. 1st DCA· 2010-08-31 ·cited 6×
  The State appealed the trial court's suppression orders in a shooting case, challenging the court's finding that the defendant's arrest lacked probable cause. The appellate court reversed, holding that officers had probable cause to arrest the defendant based on the totality of c
• United States v. Doucette
  979 F.2d 1042· 5th Cir.· 1992-12-09 ·cited 6×
  The court affirmed the conviction and sentence, finding no merit in the defendant's claims regarding discovery violations, involuntary confessions, or improper sentencing departures.
• United States v. Anuar Morales
  977 F.2d 1330· 9th Cir.· 1992-10-21 ·cited 6×
  A defendant's refusal to testify at a co-conspirator's trial after being granted immunity constitutes obstruction of justice under U.S.S.G. § 3C1.1.
• Markham Duff-Smith v. Collins
  973 F.2d 1175· 5th Cir.· 1992-09-17 ·cited 6×
  The court held that a federal habeas petitioner is not entitled to relief based on claims of ineffective assistance of counsel, procedural default, insufficient evidence, or improper use of evidence, as these claims were either procedurally barred, lacked merit, or were based on
• Herbert v. Nat'l Acad. of Scis.
  974 F.2d 192· D.C. Cir.· 1992-09-08 ·cited 6×
  The court held that the District Court did not err in dismissing the case for lack of subject matter jurisdiction, as the government's actions constituted authorization of copyright infringement under 28 U.S.C. § 1498(b).
• United States v. Arellano-Rocha
  946 F.2d 1105· 5th Cir.· 1991-10-25 ·cited 6×
  The court held that a defendant commits an offense 'while under a criminal justice sentence' for U.S.S.G. § 4A1.1(d) purposes if the instant offense is commenced after conviction for an earlier offense, the conduct is not part of the earlier offense, and the defendant is sentence
• United States v. Blackburn
  940 F.2d 107· 4th Cir.· 1991-08-02 ·cited 6×
  The court held that inert grenades, lacking essential components like powder, cannot be counted as "destructive devices" for the purpose of increasing the offense level under U.S.S.G. § 2K2.2(b) unless all necessary parts are possessed.
• Hanna v. Fed. Land Bank Ass'n OF S. Ill. & Cent. Prod. Credit Ass'n
  903 F.2d 1159· 7th Cir.· 1990-06-11 ·cited 6×
  The court held that farm credit associations are private employers, entitling their employees to a jury trial under the ADEA, and that the plaintiff did not waive this right.
• Fed. Sav. & Loan Ins. Corp. v. Ranbir S. Sahni
  868 F.2d 1096· 9th Cir.· 1989-03-01 ·cited 6×
  The court held that a district court erred in requiring a likelihood of asset dissipation for an asset freeze, when only a possibility is necessary if success on the merits is shown.
• Indianapolis Power & Light Co. v. Commissioner OF Internal Revenue
  857 F.2d 1162· 7th Cir.· 1988-09-20 ·cited 6×
  Customer deposits required by a public utility to secure payment of electric bills are not taxable as advance payments upon receipt if they primarily serve as security, especially when interest is paid on the deposits and the depositor has control over the refund timing.
• Guam Fresh, Inc. v. ADA
  849 F.2d 436· 9th Cir.· 1988-06-14 ·cited 6×
  The court held that the 1926 amendment to the Plant Quarantine Act restored concurrent regulatory authority to states and territories, allowing Guam to enact its own agricultural quarantines.
• Beef Neb., Inc. v. United States
  807 F.2d 712· 8th Cir.· 1986-12-10 ·cited 6×
  The court held that using checks drawn on a distant bank delayed the collection of funds in violation of the Packers and Stockyards Act, and that the administrative law judge did not deprive the petitioner of its right to pre-hearing discovery.
• Karastan L. Edwards v. U.S. Attorney General
  56 F.4th 951· 11th Cir.· 2022-12-23 ·cited 5×
  The court affirmed the Board of Immigration Appeals' decision, holding that the petitioner's state court sentence modification orders did not alter his conviction's status as an aggravated felony for immigration purposes under the controlling precedent of Matter of Thomas.
• King v. King
  320 So. 3d 766· Fla. 4th DCA· 2021-03-31 ·cited 5×
  Joshua Adam King appeals a final judgment dissolving his marriage, challenging the trial court's child support award to the Mother. The appellate court reverses the child support calculation due to a mathematical error where the court added rather than subtracted tax obligations,
• Glenroy Anderson v. State
  230 So. 3d 175· Fla. 4th DCA· 2017-11-01 ·cited 5×
  Anderson was convicted of aggravated assault with a firearm based on an alleged roadway encounter. The court reversed because erroneously admitted hearsay testimony from a police officer describing the victim's prior statements about the gun's distinctive features was not harmles
• Olson v. Pickett Downs Unit IV Homeowner's Ass'n, Inc.
  205 So. 3d 869· Fla. 5th DCA· 2016-12-02 ·cited 5×
  Olson appeals a trial court's denial of attorney's fees and court costs following a mixed judgment in a homeowners association dispute over property drainage modifications. The appellate court held that Olson, who prevailed on the counts containing attorney's fees provisions, was
• Bainter v. State
  135 So. 3d 517· Fla. 5th DCA· 2014-03-28 ·cited 5×
  David Bainter appealed his conviction for manufacturing cannabis after pleading nolo contendere, challenging the denial of his motion to suppress cannabis seized during a warrantless search of his home. The Fifth District Court of Appeal reversed, holding that the defendant estab
• Sonoscan, Inc. v. Sonotek, Inc.
  936 F.2d 1261· Fed. Cir.· 1991-06-12 ·cited 5×
  The court held that the district court did not err in finding the patent invalid under 35 U.S.C. § 102(b) because the patented invention was on sale more than one year prior to the patent application filing date.
• Gedalya Blatter v. D.N. Suyte Inc.
  Fla. 4th DCA· 2023-05-03 ·cited 4×
  A trial court must issue a specific ruling on a defendant's pending motion to vacate a default before entering a final default judgment, and failure to do so is reversible error as a matter of law.
• ASH v. In re Guardianship of Aaron ASH
  332 So. 3d 563· Fla. 3d DCA· 2021-12-15 ·cited 4×
  Equitable estoppel prevents the current guardian from objecting to the mother's appointment as successor guardian where the guardian previously agreed to the transition, objected only to preparation steps, and the mother relied on the court's directive and the guardian's position
• Gavidia v. Wells Fargo Bank
  301 So. 3d 413· Fla. 2d DCA· 2020-04-24 ·cited 4×
  The appellate court reversed an order denying a motion to vacate a foreclosure sale. The court found the trial court applied the wrong legal standard by focusing on irregularities of the sale itself, rather than considering equitable grounds for vacating the sale, such as a loan
• Alfred Ivan Murciano, M.D. v. State
  208 So. 3d 130· Fla. 3d DCA· 2016-08-31 ·cited 4×
  Dr. Murciano appeals an AHCA order requiring repayment of $1.27 million in alleged Medicaid overpayments. The central issue is whether Dr. O'Hern, the peer reviewer, satisfied the statutory definition of 'peer' under Florida law. The court holds that AHCA correctly interpreted th
• Kemmerer v. Klass Assocs., Inc.
  108 So. 3d 672· Fla. 2d DCA· 2013-02-13 ·cited 4×
  Carol Kemmerer sought review of an order denying her motion to quash service of process in a civil theft action. The court held that substitute service was invalid because the defendant established by clear and convincing evidence that her usual place of abode was in Florida, not
• Ruffolo v. Parish & Bowman, Inc.
  966 So. 2d 434· Fla. 1st DCA· 2007-09-18 ·cited 4×
  The appellate court reversed the trial court's decision to grant a motion for reconsideration and instead ordered the discharge of a mechanic's lien under Florida Statute § 713.21(4). The court held that strict compliance with the 20-day statutory deadline is mandatory, and the t
• United States v. Davenport
  151 F.3d 1325· 11th Cir.· 1998-08-25 ·cited 4×
  Davenport pleaded guilty to conspiracy to possess cocaine with intent to distribute and was sentenced after absconding and being arrested only three hours before his sentencing hearing. The Eleventh Circuit held that a defendant's flight does not constitute a waiver of the statut
• United States v. Frydenlund
  990 F.2d 822· 5th Cir.· 1993-05-04 ·cited 4×
  The court held that the defendants' convictions for bank fraud and conspiracy were supported by sufficient evidence, and their sentences were properly calculated under the sentencing guidelines based on the total overdraft amount.
• Ingalls Shipbuilding, Inc. v. O'Keefe
  986 F.2d 486· Fed. Cir.· 1993-02-12 ·cited 4×
  The court held that Mr. Robbins, a Vice President of Administration, was a proper certifying official under FAR 33.207(c)(2)(i) because he had primary responsibility for contract performance, even if he did not directly oversee all operational aspects.