661 Florida cases classified under this topic, plus 931 listed through its narrower topics · sorted by citation count · browse and sort
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Sun Nuclear Corporation sued Xcision Medical Systems, LLC in federal court based on diversity jurisdiction. The court dismissed the complaint without prejudice because the plaintiff failed to adequately plead the citizenship of the LLC defendant, which is necessary to establish d
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S.D. Fla.·
2025-04-30
Plaintiff is entitled to default final judgment for breach of contract, including damages and costs, and alternative claims are dismissed.
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The court held that the plaintiff failed to properly plead diversity of citizenship, requiring dismissal without prejudice.
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The court held that the plaintiff failed to properly plead diversity of citizenship, requiring dismissal without prejudice.
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A defendant must properly plead the citizenship of all parties to establish diversity jurisdiction, and mere allegations of residence are insufficient.
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The court held that the plaintiff's complaint failed to establish federal subject-matter jurisdiction and was inadequately pleaded, warranting dismissal.
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The court held that the defendants failed to establish federal diversity jurisdiction, requiring remand to state court.
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M.D. Fla.·
2025-04-09
The court held that it lacks subject matter jurisdiction over the plaintiff's claims due to failure to state a claim, lack of federal question jurisdiction, and failure to establish diversity jurisdiction.
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M.D. Fla.·
2025-04-08
The court held that the plaintiff failed to establish federal subject matter jurisdiction and failed to state a claim under 42 U.S.C. § 1983, warranting dismissal.
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S.D. Fla.·
2025-04-08
The court granted Plaintiff's motion for leave to amend her complaint to add a non-diverse defendant and remanded the case to state court.
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The court held that the defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal, thus granting the plaintiff's motion to remand.
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The court held that the plaintiffs' complaint was deficient in its jurisdictional allegations and constituted a shotgun pleading, requiring dismissal without prejudice.
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M.D. Fla.·
2025-04-02
The court held that the removal was untimely and defective because it was filed after the mandatory 30-day period, but denied attorney's fees as the removal attempt was not objectively unreasonable.
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The court held that Expect Quest, LLC, a Florida citizen, must be aligned as a defendant due to antagonism between its managing members, destroying diversity jurisdiction.
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The court held that the plaintiff must provide further documentation to establish subject matter jurisdiction under CAFA and diversity jurisdiction, as the current allegations are insufficient.
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S.D. Fla.·
2025-03-08
The court held that the plaintiff's complaint was an impermissible shotgun pleading and failed to state a claim, and that the plaintiff's application to proceed in forma pauperis was insufficient and misleading.
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M.D. Fla.·
2025-03-04
The court held that the pro se litigant failed to establish federal subject matter jurisdiction, and therefore his motions to proceed in forma pauperis should be denied and his cases dismissed without prejudice.
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The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded the $75,000 jurisdictional minimum, and therefore, the case must be remanded to state court.
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The court held that the defendants' notice of removal was insufficient to establish subject matter jurisdiction based on diversity of citizenship and amount in controversy.
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M.D. Fla.·
2025-02-13
The court recommended granting the plaintiff's motion for default judgment against the defendant, finding proper service and sufficient well-pled allegations to support the requested declaratory relief.
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The court held that removal was improper because the federal court lacked subject matter jurisdiction, as the plaintiff's complaint did not present a federal question and the defendant's federal defense did not confer jurisdiction.
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M.D. Fla.·
2025-02-03
The court granted Plaintiff's motion for default judgment against Benzer Pharmacy Holding LLC, finding jurisdiction, liability, and calculating damages.
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M.D. Fla.·
2025-01-24
The court held that the plaintiff pleaded sufficient facts to state a claim for declaratory relief regarding the scope of an insurance appraisal, specifically concerning the delineation between replacement cost value (RCV) and actual cash value (ACV).
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The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, requiring remand to state court.
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The court denied the motion for default final judgment because the plaintiff failed to sufficiently allege subject-matter jurisdiction and had discrepancies in requested fees and costs.
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M.D. Fla.·
2025-01-10
Default judgment is granted against Benzer KY 1 LLC, Alpesh Patel, and Manish Patel for breach of a promissory note and guaranties, but denied against Hema Patel due to lack of personal jurisdiction.
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M.D. Fla.·
2025-01-08
The court granted the motion for default judgment against Benzer Pharmacy Holding LLC, entering judgment for the principal amount owed plus accrued interest.
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The court recommended granting the plaintiff's motion for default judgment and confirmation of the arbitration award, as the threshold requirements were met and no grounds for vacating the award existed.
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The court denied the plaintiff's emergency motion for a temporary restraining order and preliminary injunction because she failed to establish a substantial likelihood of success on the merits, demonstrate irreparable harm without an adequate legal remedy, provide for security, a
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M.D. Fla.·
2024-12-23
The court held that a motion to dismiss based on asset exemptions is premature when the governing law for those exemptions is disputed and the complaint plausibly states a claim under the law of the jurisdiction with the most significant relationship to the transfer.
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M.D. Fla.·
2024-12-17
The court denied the defendants' motion for summary judgment on claims of fraudulent misrepresentation, fraudulent concealment, and breach of contract, finding genuine issues of material fact exist.
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The court held that the plaintiff's complaint failed to sufficiently plead diversity jurisdiction because it did not properly identify the citizenship of the parties or the amount in controversy.
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The court held that the plaintiff failed to establish subject-matter jurisdiction and venue because the complaint did not properly allege the defendants' citizenship and failed to satisfy venue requirements.
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M.D. Fla.·
2024-11-22
The court held that a party must file a disclosure statement even if federal question jurisdiction exists alongside diversity jurisdiction, and that Eckart's and Nielson's statements were deficient.
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S.D. Fla.·
2024-11-22
The court held that the February Letter Agreement unambiguously set the rent commencement date as December 1, 2020, voiding the co-tenancy provision, and thus the tenant breached the lease by failing to pay rent from that date.
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The court dismissed the complaint without prejudice because the plaintiff failed to properly allege diversity jurisdiction by adequately stating the defendants' citizenship.
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The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
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M.D. Fla.·
2024-10-24
The court held that the plaintiff's complaint was subject to dismissal for failing to establish subject matter jurisdiction and for violating federal pleading rules.
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S.D. Fla.·
2024-10-23
The court held that the amended complaint must be dismissed for lack of subject matter jurisdiction because the plaintiff failed to adequately allege a basis for the court's jurisdiction.
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S.D. Fla.·
2024-10-18
The court held that the plaintiff's complaint was deficient for failing to state a claim and for being a shotgun pleading, and that diversity jurisdiction was lacking.
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The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, requiring remand to state court.
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M.D. Fla.·
2024-10-17
The court held that transfer of the case to the Middle District of Florida is warranted under 28 U.S.C. § 1404(a) for the convenience of parties and witnesses and in the interest of justice.
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M.D. Fla.·
2024-10-16
State Farm sought specific performance and a declaratory judgment to enforce a settlement agreement that required Complete Care Centers to waive accounts receivable and dismiss pending personal injury protection lawsuits. The court denied Complete Care's motion to dismiss, findin
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This is a procedural order addressing deficiencies in disclosure statements filed by defendants in a diversity jurisdiction case. The court struck one defendant's disclosure statement for failing to properly identify himself as a legal representative and provide the decedent's ci
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The Court denied the plaintiff's motion for an extension of time to file an amended complaint, as it was filed after the case was dismissed for lack of jurisdiction and the plaintiff failed to establish grounds for relief under Rule 60(b).
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M.D. Fla.·
2024-10-01
The court held that it lacked subject matter jurisdiction because the plaintiff failed to adequately establish the citizenship of the defendant LLC, and therefore recommended dismissal without prejudice.
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The court recommended granting the motion for default judgment against defendants for breach of contract and violations of Florida Statute § 68.065, awarding damages and interest.
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M.D. Fla.·
2024-09-23
The court recommended granting in part and denying without prejudice in part the plaintiff's motion for default judgment, awarding damages for breach of contract but dismissing other claims as moot.
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S.D. Fla.·
2024-09-17
The court held that while federal question jurisdiction existed for the FCRA claim, the claim failed to state a claim upon which relief could be granted, and the court declined supplemental jurisdiction over the remaining state law claims.
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The court held that the plaintiff's motion to remand is denied because the amount in controversy, based on a pre-suit demand letter, exceeded the $75,000 threshold at the time of removal.