De Novo Review Of Legal Questions

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

• Balazic v. Balazic
  353 So. 3d 1234· Fla. 5th DCA· 2022-12-22 ·cited 1×
  The contractual term "plus any gains or losses on that amount" in a consent final judgment dividing a retirement plan does not apply to passive appreciation in the nonmarital premarital portion of the plan. Accordingly, a QDRO awarding the former wife a share of such passive appr
• Agency For Persons With Disabilities v. Meadowview Progressive Care Grp. Home
  340 So. 3d 547· Fla. 1st DCA· 2022-06-08 ·cited 1×
  An ALJ's reservation of jurisdiction to award attorney's fees under section 57.105 does not authorize the ALJ to initiate a new DOAH case sua sponte; case initiation requires a written petition or request by an agency or party under sections 120.569 and 120.57.
• Georges v. Avanti Condo. Ass'n
  324 So. 3d 991· Fla. 1st DCA· 2021-07-13 ·cited 1×
  The appellate court affirmed a trial court's decision denying attorney's fees to homeowners who were sued by their condominium association. The court held that the homeowners were not prevailing parties, even though the association voluntarily dismissed its foreclosure action, be
• Hartz v. Wells Fargo Bank, N.A.
  319 So. 3d 161· Fla. 1st DCA· 2021-04-16 ·cited 1×
  This case involves a homeowner appealing a foreclosure judgment, arguing that VA regulations created conditions precedent to foreclosure and that the bank failed to prove the debt amount. The appellate court affirmed the foreclosure but reversed the judgment on the debt amount, f
• Falduto v. Lewis
  308 So. 3d 667· Fla. 1st DCA· 2020-11-30 ·cited 1×
  The appellate court reversed a trial court's decision that prevented a defendant from voluntarily dismissing her counterclaim. The court held that the defendant had an absolute right to dismiss her counterclaim before a summary judgment hearing, as the property at issue was not s
• Gerial Martell Deloach v. State
  270 So. 3d 457· Fla. 1st DCA· 2019-04-03 ·cited 1×
  The trial court properly denied the motion to suppress because competent, substantial evidence supported the finding that the defendant voluntarily, knowingly, and intelligently waived his Miranda rights, and the trial court properly denied the motion for judgment of acquittal be
• Scotty Thompson v. State
  170 So. 3d 856· Fla. 2d DCA· 2015-07-15 ·cited 1×
  Scotty Thompson was convicted of manufacturing methamphetamine and related drug offenses. He appealed arguing the trial court erred in denying his motion to suppress evidence and motion for judgment of acquittal. The appellate court affirmed all convictions and sentences.
• Raubvogel v. Credit Suisse Sec. (USA) LLC
  123 So. 3d 1155· Fla. 4th DCA· 2013-02-20 ·cited 1×
  The court held that the trial court erred in finding an express waiver of the right to have the court determine attorneys' fees, as the evidence did not support such a finding.
• Stegall v. Little Johnson Assocs., Ltd.
  996 F.2d 1043· 10th Cir.· 1993-06-21 ·cited 1×
  The court held that the term "master drainage plan" in the contract was ambiguous and that the defendants did not breach the contract or commit fraud by providing a site-specific plan that was acceptable to the county at the time of the agreement.
• Daley v. Elevate Roofing & Exteriors Inc.
  Fla. 6th DCA· 2026-04-02
  A default judgment awarding unliquidated damages is void when entered without notice to the defendant and opportunity to be heard, even though a default admits all well-pleaded allegations of liquidated damages. The trial court erred in awarding damages for an alleged insurance p
• Gacek v. Avalon Dunes Condo. Owners Ass'n, Inc.
  Fla. 1st DCA· 2026-03-18
  The Gaceks appealed the trial court's dismissal of their malicious prosecution and conspiracy claims against their condominium association and property managers. The First DCA affirmed, holding that the Gaceks could not pursue a malicious prosecution claim because they failed to
• Kent v. State
  Fla. 3d DCA· 2026-03-11
  Andrew Kent appeals his conviction for possession of cocaine, possession of paraphernalia, and giving a false name, challenging the trial court's denials of his motions to suppress the traffic stop, sever charges, and declare a mistrial. The appellate court affirmed, finding the
• Harman v. Yonder Alonso
  Fla. 3d DCA· 2025-10-29
  A mother appealed the trial court's denial of her petition to relocate her two minor children from Florida to California. The appellate court reversed, finding that the trial court relied on legally impermissible speculative findings about the mother's future marital stability, c
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14
  Rafael Garcia, Jr. appealed the revocation of his probation in eleven consolidated cases. The court reversed the revocation order because the trial court based its decision on conduct that predated Garcia's probationary sentence (grand theft on July 29, 2023, before probation beg
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14
  Rafael Garcia, Jr. appealed the revocation of his probation based on a grand theft of a motor vehicle charge. The court reversed the revocation order because the trial court improperly based the revocation on conduct that predated the probation sentence and on conduct not alleged
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14
  Garcia appeals the revocation of his probation based on a grand theft charge. The court reversed because the trial court improperly revoked probation for conduct (theft on July 29, 2023) that predated Garcia's probationary sentence (imposed November 6, 2023) and for conduct not a
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14
  Rafael Garcia, Jr. challenges the revocation of his probation based on a grand theft charge. The court reversed the revocation order because the trial court found Garcia violated probation based on conduct that predated his probationary sentence and on conduct not alleged in the
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14
  Garcia appealed the revocation of his probation in eleven cases based on a grand theft charge. The court reversed the revocation order, holding that the trial court improperly relied on conduct predating the probation sentence and on conduct not alleged in the violation affidavit
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14
  Rafael Garcia, Jr. challenged the revocation of his probation based on a grand theft of a motor vehicle. The court reversed the revocation order because the trial court based its decision on conduct that predated Garcia's probationary sentence and on conduct not alleged in the vi
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14
  Rafael Garcia, Jr. appealed the revocation of his probation based on a grand theft charge. The court reversed the revocation order because the trial court improperly revoked probation for conduct that occurred before the probation sentence was imposed and for conduct not alleged
• Garcia, JR. v. State
  Fla. 2d DCA· 2025-02-14
  Garcia challenges the revocation of his probation based on a grand theft charge. The court reversed the revocation order because the trial court relied on conduct predating the probation sentence and conduct not alleged in the violation affidavit, violating established probation
• Tropical Audubon Soc'y v. Miami-Dade Cnty.
  Fla. 3d DCA· 2024-06-26
  A nonresident foreign manufacturer may be subject to personal jurisdiction in Maine when it has an exclusive distributor relationship with knowledge of the distributor's Maine sales territory, actively participates in advertising and receives quarterly sales reports, and derives
• Limonar Dev., LLC v. Miami-Dade Cnty.
  Fla. 3d DCA· 2024-06-26
  Limonar Development challenged Miami-Dade County's final agency action regarding comprehensive plan amendments. The appellate court affirmed the lower court's decision, applying the deferential 'fairly debatable' standard of review to legislative planning decisions.
• Steele v. Comm'r of Soc. Sec.
  94 F.4th 1263· 11th Cir.· 2024-02-29
  The court held that the decedent's will did not 'provide for' the posthumously conceived child as required by Florida law, thus the child is not eligible for a claim against the estate and not entitled to child's insurance benefits.
• Ramsey Zimmerman v. State
  Fla. 5th DCA· 2024-01-12
  The appellate court affirmed the Florida Gaming Control Commission's denial of a Pari-mutuel Wagering Professional Individual Occupational License to Ramsey Zimmerman. Zimmerman's prior felony convictions for grand theft were disqualifying offenses, and the court found insufficie
• Harrison v. Kimarie Stratos
  Fla. 4th DCA· 2023-11-08
  Board members of a special tax district are entitled to statutory immunity under section 768.28(9)(a) and common law absolute immunity for tort claims arising from their official votes and statements in their capacity as board members, where the board had clear authority under it
• Shapiro v. Wplg, LLC
  365 So. 3d 450· Fla. 3d DCA· 2023-05-17
  An attorney who serves as co-counsel of record when an amended complaint lacking factual or legal basis is filed is liable for sanctions fees under § 57.105, even if the attorney's name does not appear on the complaint, provided the attorney was named in and served with the motio
• Sterling Mirror Co., LLC v. Waldman Barnett, P.L.
  Fla. 3d DCA· 2023-01-04
• THE Dental LAW Firm, P.A. v. Kincer
  Fla. 4th DCA· 2022-08-17
  The appellate court reversed a lower court's decision denying a law firm's motion for sanctions. The court found that a public adjuster's third-party action against the law firm was not supported by material facts or existing law, and thus sanctions were warranted.
• Maddox v. Brady J. Trombetta
  Fla. 2d DCA· 2022-01-05
  The appellate court reversed a trial court's cost award in a negligence action. The court held that a plaintiff who recovers a judgment significantly less than the defendant's offer of judgment is only entitled to costs incurred before the offer was made, not all costs incurred t
• Jones v. State
  Fla. 1st DCA· 2021-11-24
  The appellate court affirmed the denial of a motion to suppress evidence found on the appellant. The court found that while the deputy should have sought the appellant's consent for alcohol assistance, this procedural failure did not warrant suppression of the evidence, as the Ma
• Farah v. Meade
  11th Cir.· 2021-09-08
  Hassan Farah, a Somali refugee with multiple criminal convictions, challenged his deportation order on several grounds, including claims that his controlled-substance and assault convictions were not removable offenses and that he was entitled to withholding of removal or protect
• State Farm Mut. Auto. Ins. Co. v. Washington
  Fla. 2d DCA· 2021-09-03
  Prepaid expert deposition fees that were refundable at the time a settlement proposal was served are not taxable costs for purposes of calculating the "judgment obtained" under section 768.79(6)(b), and thus cannot be included to determine whether the plaintiff exceeded the 25 pe
• Fla. Dep't of Bus. & Prof'l Reg. v. Walmart Inc.
  323 So. 3d 786· Fla. 1st DCA· 2021-05-19
  The Florida First District Court of Appeal affirmed an administrative law judge's (ALJ) decision invalidating a proposed rule by the Division of Alcoholic Beverages and Tobacco. The proposed rule defined items "customarily sold in a restaurant" for liquor license purposes, but th
• Fla. Dep't of Bus. & Prof'l Reg. v. Target Corp.
  Fla. 1st DCA· 2021-05-19
  The appellate court affirmed an administrative law judge's (ALJ) decision invalidating a Florida administrative rule that defined "customarily sold in a restaurant" for liquor license purposes. The court found the rule was an invalid exercise of delegated legislative authority be
• R. S. v. S. K.
  313 So. 3d 901· Fla. 2d DCA· 2021-03-12
  The appellate court reversed a trial court's decision that denied a father's petition to modify child custody. The trial court erred by requiring proof of permanent harm from sexual abuse to modify custody, when the law only requires a substantial, material, and unanticipated cha
• Ketterling v. Morris
  Fla. 1st DCA· 2021-03-10
  The appellate court reversed a trial court's decision to enforce a settlement agreement. The court found that one party's acceptance of the other's offer invalidated the initial offer because it made fulfilling the initial offer's terms impossible.
• Noland v. City of Deerfield Beach & Johns E. Co.
  Fla. 1st DCA· 2020-11-06
  The appellate court affirmed a Judge of Compensation Claims' decision denying a claimant's request for orthopedic treatment for his left knee. The court found that the employer/carrier successfully proved that pre-existing osteoarthritis, not the 1997 work accident, was the major
• Lambert v. Emerson
  304 So. 3d 364· Fla. 2d DCA· 2020-04-01
  The appellate court reversed a judgment against Debbie Lambert, finding she could not be held vicariously liable under Florida's dangerous instrumentality doctrine as a bailee. The court clarified that while a bailee can be held liable, it is generally not in addition to the titl
• BMG Realty Grp., LLC v. U S Bank Nat'l Ass'n
  Fla. 2d DCA· 2020-02-07
  The appellate court affirmed a foreclosure judgment, holding that the statute of limitations for a mortgage foreclosure does not begin to run when a borrower surrenders the property in bankruptcy. The court found that surrender does not equate to acceleration of the debt, which i
• Reynolds v. Anixter Power Solutions & Travelers Ins. Co.
  Fla. 1st DCA· 2019-12-10
  The appellate court reversed a lower court's decision denying worker's compensation benefits. The court found that an injury sustained by an employee while bowling with co-workers during paid work hours was work-related and compensable under Florida statute.
• Dept. of Child. & Families v. S. M. and R. F.
  Fla. 2d DCA· 2019-11-22
  The Department of Children and Families appealed a trial court's denial of its petition to shelter two children (B.F. and A.F.) from their parents due to allegations of sexual abuse. The Second District Court of Appeal reversed, holding that probable cause existed to shelter the
• Sacks v. The Bank of N.Y. Mellon
  264 So. 3d 938· Fla. 4th DCA· 2018-12-19
  The Fourth District Court of Appeal affirmed a foreclosure judgment against appellants Mark and Barbara Sacks but reversed and remanded regarding the admissibility of payment history records. The court found error in the trial court's admission of payment history that incorporate
• Bank of Am. v. Eastridge
  Fla. 5th DCA· 2018-08-06
  A defendant in default may assert the defense that plaintiff's complaint fails to state a cause of action. Florida Statute Section 95.18 requires seven years of actual, continuous adverse possession without color of title, which may be tacked with predecessors' possession but can
• Berenise Estimable v. Prophete
  219 So. 3d 1001· Fla. 4th DCA· 2017-06-07
  The court held that the father's failure to strictly comply with Florida Rule of Judicial Administration 2.516 mandates reversal of the sanctions order.
• Williams v. City OF Winter Haven & Reemployment Assistance Appeals Comm'n
  210 So. 3d 75· Fla. 2d DCA· 2016-07-15
  Jeffrey Williams appealed the denial of unemployment benefits after being discharged by the City of Winter Haven for violating city policy. The Florida District Court of Appeal reversed, holding that an isolated violation based on good faith error does not constitute misconduct u
• Gen. Commercial Props., Inc. v. State of Fla. Dep't OF Transp.
  178 So. 3d 439· Fla. 4th DCA· 2015-10-14
  General Commercial Properties appeals the trial court's calculation of attorney's fees in an eminent domain proceeding brought by the Florida Department of Transportation. The court affirms the use of DOT's 2012 regular acquisition offer (rather than its 2005 Early Acquisition Pr
• Carvajal v. Banc OF Am. Inv. Serv., Inc.
  122 So. 3d 393· Fla. 3d DCA· 2013-07-31
  Carvajal appeals a trial court's order upholding an arbitration award that included a ruling on attorney's fees. The court holds that Carvajal did not expressly waive his statutory right under Florida law to have a court decide attorney's fees issues, and that merely requesting a
• Bryant v. Lifecare at Lofland
  Del. Super. Ct.· 2009-10-13
  The appellate court affirmed the Board's denial of certain mileage expenses, finding the claimant failed to meet her burden of proof. However, the court reversed the Board's denial of attorney's fees for the claimant's partial success in defending against the employer's petition
• Brockney v. Centel Cellular Co. OF Fort Walton Beach Ltd. P'ship
  950 So. 2d 445· Fla. 1st DCA· 2007-02-08
  In this negligence case, the appellate court affirmed summary judgment for a cellular company, holding that a property owner who hires an independent contractor owes no duty to the contractor's employee injured off the owner's premises when the dangerous condition is not on the o