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158 So. 2d 534·
Fla. 2d DCA·
1963-12-04
·cited 1×
The Nevilles appealed a lower court order denying their motions to dismiss and strike a complaint filed by the Sarasota County Water & Navigation Control Authority alleging unauthorized filling and extension of land into navigable waters in violation of Chapter 253, Florida Statu
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165 So. 2d 424·
Fla. 3d DCA·
1963-09-17
·cited 1×
The appellate court affirmed the trial court's summary decree, finding the renewal permit was illegally issued and the appellant failed to exhaust administrative remedies.
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156 So. 2d 412·
Fla. 3d DCA·
1963-09-17
·cited 1×
The County Commission had jurisdiction to consider a petition for rehearing on a rezoning decision, and the trial court correctly dismissed the complaint seeking to void subsequent actions.
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280 F.2d 722·
D.C. Cir.·
1960-07-11
·cited 1×
The court held that the appellant has not suffered a legal injury requisite for equitable relief because his employment is continuing pending administrative review.
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111 So. 2d 686·
Fla. 2d DCA·
1959-04-22
·cited 1×
Purchasers appealed a summary decree upholding a real estate contract provision allowing sellers to solicit higher bids and requiring purchasers to respond within a reasonable time. The court affirmed the lower court's judgment that purchasers failed to timely increase their offe
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151 Fla. 617·
Fla.·
1942-10-23
·cited 1×
The Florida Supreme Court denied an application for a supersedeas, which would have stayed an injunction pending appeal, because the application was made to the wrong court. The court clarified that such applications must first be made to the circuit court.
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S.D. Fla.·
1925-10-09
·cited 1×
Landowners brought suit against real estate brokers and purchasers for breach of fiduciary duty and fraud, alleging that brokers Durrance and Rainey secretly arranged for a $10-per-acre profit through an undisclosed contract with Hanna and Farr while acting as agents for the sale
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Fla. 3d DCA·
2026-08-21
Florida Statutes § 99.061(7)(a)1., requiring candidates to pay qualifying fees via checks drawn on campaign accounts, applies to municipal elections when the municipality's charter contains no conflicting provision addressing the payment method. A charter provision that is silent
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Fla. 4th DCA·
2026-07-22
A forum selection clause stating "with venue in Collier County, Florida" is permissive rather than mandatory when the mandatory language "shall" applies only to the choice of law and venue is set off by a comma, preventing "shall" from grammatically modifying the venue provision.
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Fla. 4th DCA·
2026-07-15
A contractual provision limiting attorney's fees to those incurred "in enforcement" of an agreement is not broad enough to encompass fees for litigating the amount of fees to be awarded. Contractual fee provisions must be strictly construed, and "fees for fees" are permitted only
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Fla. 1st DCA·
2026-07-15
A trial court errs when dismissing a public records complaint by looking beyond the four corners of the complaint to determine whether a statutory exemption applies, as the applicability of an exemption is an affirmative defense that the defendant must establish and cannot be res
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Fla. 4th DCA·
2026-06-24
Tort claims arising from a hospital's peer review investigation and revocation of medical staff privileges accrue in the county where the tortious conduct occurred (the hospital's location), not in the county where the plaintiff's medical practice is located or where he suffered
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Fla. 2d DCA·
2026-06-17
The trial court exceeded its authority by compelling mediation as a condition precedent to arbitration; once an enforceable arbitration agreement is established, the arbitrator must decide whether mediation is a condition precedent and whether it has been fulfilled. The trial cou
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13th Cir. Ct. App. Div.·
2026-05-05
A writ of quo warranto was properly denied where plaintiffs failed to allege ultimate facts establishing a prima facie case, including contradictory allegations about license ownership and failure to show that Section 581.217 barred prosecution under the distinct criminal statute
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2026 Fla. App. LEXIS 2719·
Fla. 4th DCA·
2026-04-08
The court affirmed dismissal of claims barred by the statute of frauds (relating to real property transfer), claims based on an incomplete written contract, and declaratory relief claims, but reversed dismissal of breach of oral contract and unjust enrichment claims alleging Aron
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Fla. 6th DCA·
2026-04-02
Riparian-rights disputes involving sovereign submerged land underlying a navigable lake are governed by the test of whether one riparian owner's use unreasonably interferes with another's riparian rights, not the equitable distribution test from Hayes v. Bowman, which applies onl
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Fla. 4th DCA·
2026-04-01
An order granting a motion for summary judgment without entering judgment or dismissing the case is not a final, appealable order; consequently, any attorney's fees award entered before a final order is premature and must be reversed.
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Fla. 4th DCA·
2026-03-25
The appellate court reversed a lower court's decision, holding that a homeowners' association's approval was required for a "chickee hut" structure, even if it might qualify for an exemption under Florida building code. The court found the statutory exemption did not override pri
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Fla. 1st DCA·
2026-03-20
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11th Cir.·
2026-03-19
Michael Nance, a death row inmate, challenged his scheduled execution by lethal injection under the Eighth Amendment, claiming his compromised veins would create a substantial risk of severe pain. The district court rejected his claims after a bench trial, and the Eleventh Circui
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Del. Super. Ct.·
2026-01-28
The Delaware Superior Court granted plaintiffs' application to proceed in forma pauperis but dismissed their complaint as legally frivolous under 10 Del. C. § 8803(b). The plaintiffs alleged an insurance bad faith claim against GEICO arising from a denied motor-vehicle accident c
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Del. Ch.·
2026-01-15
Teresa Robinson, co-administrator of the Estate of Joseph L. Weddington Jr., challenged a magistrate's determination that Danielle Whitaker, Jone Posey, and Paul Whitaker were the decedent's rightful heirs and an order requiring them to return various estate assets distributed to
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Del. Ch.·
2026-01-14
Kalkomey Enterprises and Kalkomey Holdings sued former executives Strobl and Waldrop for breach of employment agreements, trade secret misappropriation, tortious interference, and unjust enrichment arising from their post-employment competition through Recademics. The Delaware Co
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M.D. Fla.·
2026-01-09
The court held that the plaintiff failed to state a claim under the Americans with Disabilities Act because he did not allege facts demonstrating a disability or that any adverse action was based on such a disability. The court granted leave to amend.
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S.D. Fla.·
2026-01-07
The court recommended granting the plaintiff's motion for an ex parte temporary restraining order, enjoining Customs and Border Protection from releasing disputed cargo to anyone but the plaintiff.
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N.D. Fla.·
2026-01-05
The court held that dismissal is not warranted as a sanction for the plaintiff's litigation history disclosure issues, but granted dismissal for declaratory and injunctive relief requests.
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M.D. Fla.·
2026-01-05
The court held that judicial assistants are entitled to quasi-judicial immunity for scheduling duties and that a First Amendment retaliation claim based on a state law violation is not cognizable under § 1983.
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M.D. Fla.·
2026-01-05
The court granted in part and denied in part the petitioner's emergency motion for a temporary restraining order, enjoining respondents from removing the petitioner from the district but denying the request to enjoin her ongoing detention.
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S.D. Fla.·
2025-12-30
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting in part the motion to dismiss ADA claims and staying the FHA claims under the Colorado River abstention doctrine.
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S.D. Fla.·
2025-12-23
The court held that it has jurisdiction to review whether the government followed its own regulations and procedures when revoking an Order of Supervision, even if the decision to revoke is discretionary.
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M.D. Fla.·
2025-12-23
The court denied the plaintiff's motions for federal record preservation, service by U.S. Marshals, and expedited discovery, and granted a final extension for service.
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M.D. Fla.·
2025-12-19
The court held that it lacked jurisdiction to consider the petitioner's claims challenging his detention and deportation due to the bar imposed by 8 U.S.C. § 1252(g).
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S.D. Fla.·
2025-12-17
The court recommended granting the plaintiff's motion for default judgment, finding sufficient basis for trademark infringement and related claims and recommending injunctive relief and statutory damages.
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M.D. Fla.·
2025-12-16
The court recommended denying the motion to proceed in forma pauperis and dismissing the amended complaint, finding that claims were barred by quasi-judicial immunity or failed to state a claim under federal law.
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M.D. Fla.·
2025-12-15
Default judgment is granted against non-appearing defendants in an interpleader action, and the remaining funds are awarded to the appearing defendant.
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M.D. Fla.·
2025-12-11
The court determined reasonable hourly rates for each attorney and paralegal and will apply a reduction for vague and block-billed entries to calculate the total attorney's fees awarded.
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S.D. Fla.·
2025-12-10
The court granted the plaintiff's motion for default final judgment, finding sufficient basis in the pleadings and evidence to establish the defendants' liability for trademark counterfeiting and infringement.
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S.D. Fla.·
2025-12-03
Michelle Adams, proceeding pro se, filed a federal question action in the U.S. District Court for the Southern District of New York against various Florida state judges and court personnel, alleging violations of her federally protected rights and seeking to stay state court proc
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M.D. Fla.·
2025-12-01
The court held that Younger abstention requires dismissal of claims seeking declaratory and injunctive relief when an ongoing state criminal proceeding implicates important state interests and offers an adequate opportunity for review.
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S.D. Fla.·
2025-11-28
The court granted the plaintiff's motion for default final judgment because the defendant failed to appear or respond, and the plaintiff's complaint sufficiently alleged violations of the Americans with Disabilities Act.
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M.D. Fla.·
2025-11-21
The court held that the plaintiff's complaint constituted an impermissible shotgun pleading and must be stricken.
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M.D. Fla.·
2025-11-14
The court denied the motion for default judgment without prejudice because it lacked a memorandum of law, failed to establish standing and liability, requested overly broad injunctive relief, and inadequately supported requests for attorney fees and costs.
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M.D. Fla.·
2025-11-13
The court granted summary judgment for the defendants on most counts, dismissing others for lack of standing, finding the plaintiff forfeited any protected liberty interest in accessing city property due to his trespass violations.
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M.D. Fla.·
2025-11-12
The court denied the motion for a temporary restraining order because the movant failed to satisfy the procedural requirements, specifically regarding notice to the opposing party.
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S.D. Fla.·
2025-11-11
The court held that a reasonable hourly rate for attorney Stern is $570 and for paralegal Kerimova is $175, and awarded a portion of the requested fees and costs, including $1,500 in expert fees.
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Del. Ch.·
2025-10-31
The Court of Chancery dismissed the plaintiff's complaint for lack of subject matter jurisdiction, finding that the plaintiff failed to properly invoke the court's equitable jurisdiction. The court held that simply requesting injunctive relief or including contractual provisions
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S.D. Fla.·
2025-10-30
The court found the defendant in civil contempt for violating prior court orders and imposed coercive sanctions, while denying the request to initiate criminal contempt proceedings at this time.
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M.D. Fla.·
2025-10-30
The court held that the defendant failed to establish the amount in controversy requirement for diversity jurisdiction, thus the case must be remanded to state court. The court denied the plaintiff's request for attorney's fees because the defendant had an objectively reasonable
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S.D. Fla.·
2025-10-28
The court accepted the Magistrate Judge's Report and Recommendation, denying the Plaintiff's motions for a temporary restraining order and preliminary injunction.
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M.D. Fla.·
2025-10-28
The court denied the motion for a temporary restraining order and dismissed the case with prejudice, finding that Younger abstention applied to the plaintiff's claims.