De Novo Review Of Legal Questions

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

• Est. OF F.G. Holl v. Commissioner OF Internal Revenue
  967 F.2d 1437· 10th Cir.· 1992-06-17 ·cited 4×
  The Tax Court erred in its valuation of oil and gas sold by the estate between the date of death and the alternative valuation date, improperly taxing income derived from the asset.
• United States v. Rafik H. Soliman
  954 F.2d 1012· 5th Cir.· 1992-02-13 ·cited 4×
  The court held that the district court did not err in refusing to depart downward from the sentencing guidelines based on the defendant's claimed significantly reduced mental capacity.
• United States v. Mondaine
  956 F.2d 939· 10th Cir.· 1992-02-10 ·cited 4×
  The court held that a pre-amendment guideline excluding local ordinance violations from criminal history calculation applied, and that a defendant's role in the offense must be assessed based solely on the offense of conviction, not all relevant conduct.
• United States v. Deal
  954 F.2d 262· 5th Cir.· 1992-02-07 ·cited 4×
  The court held that 'second or subsequent conviction' under 18 U.S.C. § 924(c) applies even when offenses are charged in the same indictment.
• Elec. Design & Sales, Inc. v. Elec. Data Sys. Corp.
  954 F.2d 713· Fed. Cir.· 1992-01-08 ·cited 4×
  The court held that the Trademark Trial and Appeal Board erred in finding a likelihood of confusion between the marks "E.D.S." and "EDS" because it failed to properly assess differences in purchasers, channels of trade, sophistication of buyers, and the distinct nature of the goo
• United States v. Rodriguez
  928 F.2d 65· 2d Cir.· 1991-03-20 ·cited 4×
  The court held that a sentencing judge's mistaken belief that an upward adjustment for committing an offense while on release precludes a downward adjustment for acceptance of responsibility warrants vacating the sentence.
• Thompson v. Jiro J. Enomoto (former Director
  915 F.2d 1383· 9th Cir.· 1990-10-04 ·cited 4×
  The court held that the district court had jurisdiction to modify the consent decree and that its modifications, including extending the decree's application to all death-sentenced inmates and altering benefits for Grade B inmates, were not an abuse of discretion and did not viol
• In re Hutton v. Hutton
  893 F.2d 1010· 8th Cir.· 1990-01-18 ·cited 4×
  The court held that a savings and investment plan with withdrawal restrictions for financial hardship qualifies as a 'similar plan or contract' exempt under Iowa law, and the exemption amount for a motor vehicle is determined by the law in effect on the bankruptcy petition filing
• Hershon v. Gibraltar Bldg. & Loan Ass'n, Inc.
  864 F.2d 848· D.C. Cir.· 1989-01-06 ·cited 4×
  The court held that the parol evidence rule should not be used to thwart the parties' intent when a contract is ambiguous, even if superficially clear.
• Joint Bd. OF Control OF the Flathead v. United States
  832 F.2d 1127· 9th Cir.· 1987-11-17 ·cited 4×
  The court held that the district court erred in granting a preliminary injunction because it failed to consider the potentially superior priority of the Tribes' fishing rights, which predated irrigation rights.
• United States v. Bucaro
  801 F.2d 1230· 10th Cir.· 1986-09-23 ·cited 4×
  The court held that co-conspirator hearsay was properly admitted because there was substantial independent evidence of a conspiracy and the defendant's participation in it.
• Edman v. Carlene Edman
  407 So. 3d 452· Fla. 4th DCA· 2025-03-26 ·cited 3×
  The trial court erred in awarding permanent alimony because the 2023 amendment to section 61.08 eliminated permanent alimony for petitions pending after July 1, 2023, and the trial court failed to make the required factual findings regarding the recipient's need and the obligor's
• F.C. v. Dep't of Child. & Families
  315 So. 3d 110· Fla. 3d DCA· 2020-12-16 ·cited 3×
  A trial court's finding that a parent failed to substantially comply with a court-ordered case plan is affirmed when supported by competent substantial evidence, and mere completion of case plan tasks does not equate to substantial compliance.
• Nazia, Inc. v. Amscot Corp.
  275 So. 3d 702· Fla. 5th DCA· 2019-05-31 ·cited 3×
  A temporary injunction was improperly granted where the licensee possessed only a revocable license to use parking spaces, was unlikely to succeed on the merits, and the injunction would alter rather than preserve the status quo by requiring restoration to a pre-construction cond
• Tavares J. Wright v. State
  256 So. 3d 766· Fla.· 2018-09-27 ·cited 3×
  On remand from the U.S. Supreme Court following Moore v. Texas, the Florida Supreme Court reaffirmed its denial of Tavares Wright's intellectual disability (ID) claim, holding that Moore does not require a different outcome. The court found that Wright failed to establish either
• Musur Monique Wallace v. State
  197 So. 3d 1204· Fla. 1st DCA· 2016-07-18 ·cited 3×
  The court held that a defendant's criminal record does not legally preclude a finding that a subsequent offense was an isolated incident for purposes of downward departure from sentencing guidelines.
• Watson v. Stewart Tilghman FOX & Bianchi, P.A.
  195 So. 3d 1163· Fla. 4th DCA· 2016-06-29 ·cited 3×
  In this appellate decision, the Fourth District Court of Appeal clarified the law governing when trial courts may award attorney's fees under Florida Statute § 57.105 on their own initiative. The court held that a trial court does not abuse its discretion in awarding such fees on
• State v. Parker
  144 So. 3d 700· Fla. 1st DCA· 2014-08-22 ·cited 3×
  The State appeals the trial court's order suppressing Michael Parker's recorded police interview in a burglary and sexual battery case. The appellate court reverses, holding that the detective properly responded to Parker's prefatory questions about counsel and did not violate Mi
• Equal Emp. Opportunity Comm'n v. Atlas Paper BOX Co.
  868 F.2d 1487· 6th Cir.· 1989-02-17 ·cited 3×
  The court held that the district court erred in finding no disparate impact, as the evidence presented established a prima facie case of racial discrimination in employment practices.
• Hardy Wallace v. Wallace
  Fla. 3d DCA· 2026-05-06 ·cited 2×
  Without a transcript of the trial court hearing, an appellant challenging a guardianship termination fails to meet the substantial burden required to overcome the presumption that the trial court's ruling is correct.
• Harrison v. Kimrie Stratos
  382 So. 3d 695· Fla. 4th DCA· 2023-11-08 ·cited 2×
  Board members Harrison and Miller are entitled to absolute immunity under Florida Statutes section 768.28(9)(a) and common law absolute immunity for tort claims based on their words and actions in voting to terminate Stratos' employment, because the board had clear statutory and
• Diaz v. Nw. Fla. Water Mgmt. Dist. & Palafox, LLC
  355 So. 3d 972· Fla. 1st DCA· 2023-01-25 ·cited 2×
  The appellate court affirmed an award of attorney's fees and costs against Carmen Diaz. The court found that Diaz participated in an administrative proceeding challenging an environmental permit for an improper purpose, as evidenced by her lack of knowledge about the project and
• Funderburk v. Marci L. Ricenbaw F/ K/ a Marci L. Funderburk
  357 So. 3d 188· Fla. 2d DCA· 2023-01-06 ·cited 2×
  The appellate court reversed a trial court's decision that it lacked authority to modify child support obligations despite a marital settlement agreement's "absolute floor." The court held that trial courts retain jurisdiction to modify child support as equity requires, even if a
• Jerrell Whitten v. Clarke
  41 F.4th 1340· 11th Cir.· 2022-07-27 ·cited 2×
  The court held that the plaintiff failed to adequately plead with particularity that demand on the board was excused, as required by Delaware law and Federal Rule of Civil Procedure 23.1.
• Marvalene Hannibal and Kendra Matthews v. Portia Brandy Navarro and Alzata Thurston
  317 So. 3d 1179· Fla. 3d DCA· 2021-02-03 ·cited 2×
  Where the parties stipulate to a presumption of undue influence and the burden of proof shifts to the substantial beneficiary under Florida Statute § 733.107(2), the beneficiary may rebut the presumption by presenting evidence supporting her active role in the testator's affairs,
• Pares v. Soriano
  306 So. 3d 236· Fla. 3d DCA· 2020-06-10 ·cited 2×
  The appellate court reversed a lower court's denial of a rehearing, finding that the trial court abused its discretion by proceeding with a hearing without the former wife, who was hospitalized and provided unrebutted medical documentation. The case concerns the partition of proc
• Stolar v. Dep't of Health
  298 So. 3d 1205· Fla. 3d DCA· 2020-02-12 ·cited 2×
  The court dismissed an appeal filed by a complainant in an administrative disciplinary proceeding. The court held that the complainant, as a non-party to the proceeding, lacked the statutory standing to appeal the agency's probable cause determination.
• De Hoyos v. Julia Bauerfeind as Natural Guardian of Jan De Hoyos Bauerfeind
  286 So. 3d 900· Fla. 1st DCA· 2019-12-16 ·cited 2×
  The appellate court reversed a domestic violence injunction against a father, finding that the trial court improperly admitted hearsay statements from the child without first determining their reliability under Florida's child hearsay exception statute. The court held that withou
• Teodoro Lopez v. Mariana Garcia Hernandez
  252 So. 3d 266· Fla. 4th DCA· 2018-07-25 ·cited 2×
  In this dissolution of marriage appeal, the husband challenges the trial court's valuation of the marital home, the buy-out payment schedule, and the award of special equity to the wife. The court affirms the valuation and buy-out provision but reverses the special equity award b
• Cole v. State
  Del.· 2018-02-28 ·cited 2×
  The Delaware Supreme Court affirmed the Superior Court's denial of Donald Cole's motion for postconviction relief. The Court held that Cole's claims of ineffective assistance of counsel were procedurally barred under Rule 61(i) of the Superior Court Rules of Criminal Procedure, a
• In the Interest of A.W. and S.W. v. Dep't of Child. & Families & Guardian Ad Litem Program
  184 So. 3d 1179· Fla. 2d DCA· 2015-12-18 ·cited 2×
  The court held that the 2014 amendment to section 39.806(1)(f), Florida Statutes, which removed the nexus requirement between egregious conduct to a child and potential harm to a sibling, constituted a substantive change in the law and could not be applied retroactively to a case
• State v. Brogan
  100 So. 3d 184· Fla. 4th DCA· 2012-10-24 ·cited 2×
  Florida appealed a circuit court's decision awarding a defendant credit for time served in Brevard County jail toward his Broward County sentence. The Fourth District reversed, holding that under Gethers v. State, a defendant is only entitled to credit for jail time attributable
• G.L. v. Dep't OF Child. & Families
  80 So. 3d 1065· Fla. 5th DCA· 2012-02-14 ·cited 2×
  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
• Smith v. Fla. Dep't OF Corr.
  961 So. 2d 1050· Fla. 1st DCA· 2007-07-24 ·cited 2×
  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.
• United States v. Draper
  996 F.2d 982· 9th Cir.· 1993-06-22 ·cited 2×
  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×
  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×
  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.
• Hood v. Knappton Corp. Inc.
  986 F.2d 329· 9th Cir.· 1993-02-22 ·cited 2×
  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.
• United States v. Frazier
  979 F.2d 1227· 7th Cir.· 1992-11-16 ·cited 2×
  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.
• Holden v. Hagopian
  978 F.2d 1115· 9th Cir.· 1992-11-02 ·cited 2×
  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×
  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×
  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.
• United States v. Marsh
  963 F.2d 72· 5th Cir.· 1992-06-04 ·cited 2×
  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. Ibarra
  948 F.2d 903· 5th Cir.· 1991-11-26 ·cited 2×
  The court granted rehearing en banc for Robert Franklin Chambers' Fourth Amendment claim regarding a search.
• Turner v. United States Parole Comm'n
  934 F.2d 254· 10th Cir.· 1991-05-24 ·cited 2×
  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.
• United States v. Ramirez-Ramirez
  875 F.2d 772· 9th Cir.· 1989-05-25 ·cited 2×
  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.
• Zenous Whaley v. Rodriguez
  840 F.2d 1046· 2d Cir.· 1988-02-10 ·cited 2×
  The court held that the defendant's counsel was not ineffective for failing to file a speedy trial motion because such a motion would have been denied, as the People exercised due diligence in apprehending the defendant.
• Kile v. N. Pac. Constr. Co.
  827 F.2d 1363· 9th Cir.· 1987-09-15 ·cited 2×
• Toorak Cap. P'rs, LLC v. Cap. Servicing Co., LLC
  401 So. 3d 536· Fla. 2d DCA· 2024-11-13 ·cited 1×
  Toorak Capital Partners sued Capital Servicing Company and guarantor Traci Shawn Williams for default on a commercial loan, seeking recovery solely under the original June 7, 2019 promissory note and denying any modifications. The defendants asserted an affirmative defense that t
• Gibson v. Star Collision & Towing, LLC
  381 So. 3d 690· Fla. 2d DCA· 2024-03-15 ·cited 1×
  The appellate court reversed a lower court's decision to vacate a default judgment against Star Collision. The court found that the return of service, despite a minor misspelling, was facially valid and Star Collision failed to present clear and convincing evidence of improper se