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S.D. Fla.·
2020-12-31
The court held that the pro se petitioner's habeas corpus petition and motion to proceed in forma pauperis were properly denied and dismissed due to the petition being an incomprehensible shotgun pleading that failed to state a claim and the court lacking jurisdiction over certai
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S.D. Fla.·
2020-12-28
The court granted defendant's motion for leave to file supplemental exhibits, finding them admissible to support a motion to dismiss.
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S.D. Fla.·
2020-12-21
The court granted Pepsi's motion to confirm the emergency arbitrator's interim order, finding that the threshold requirements for confirmation under the FAA were met and that VPX's arguments for vacatur or stay were without merit.
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Fla. 1st DCA·
2020-12-21
This case concerns whether a trial court can issue a preservation order for firearm background check records that Florida law requires to be destroyed within 48 hours. The appellate court affirmed the trial court's order, holding that judicial power to preserve evidence is necess
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S.D. Fla.·
2020-12-20
The court granted in part the defendants' motions to dismiss, dismissing Count 1 for lack of standing but allowing Count 2 to proceed.
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Fla. 5th DCA·
2020-12-17
The appellate court reversed a trial court's order awarding attorney's fees and costs. The court found that the statute relied upon by the trial court did not authorize fees under the specific circumstances of the case, as the losing party did not unreasonably refuse to comply wi
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S.D. Fla.·
2020-12-16
A motion to stay proceedings in an ADA case is denied when the defendant's planned remediation lacks a definite timeline and does not moot the ongoing controversy.
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S.D. Fla.·
2020-12-10
The district court held it lacked subject matter jurisdiction to review the petitioner's challenge to a final order of removal, as such review is exclusively vested in the court of appeals.
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M.D. Fla.·
2020-12-07
The court granted final approval of the class action settlement, finding it fair, reasonable, and adequate, while deferring the issue of a service award to the class representative.
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M.D. Fla.·
2020-12-04
The court held that denying protestors access to courthouse restrooms does not violate the First, Fourth, or Thirteenth Amendments, as courthouses are nonpublic forums and restroom access is restricted to those with court business.
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M.D. Fla.·
2020-12-04
The court denied the motion for injunctive relief and dismissed the case without prejudice because the plaintiff failed to properly initiate a civil rights action and did not demonstrate entitlement to the requested relief.
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S.D. Fla.·
2020-12-03
The court held that affirmative defenses must provide fair notice of the grounds on which they rest and cannot be merely conclusory restatements of statutory language.
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Fla. 5th DCA·
2020-12-03
Baxley Manor sought injunctive and declaratory relief against the Housing Authority of Brevard County after zoning changes reduced the developmental density of its property. The trial court granted a motion for judgment on the pleadings on the injunction count, and the appellate
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S.D. Fla.·
2020-12-02
The court granted Plaintiffs' motion for default judgment, finding sufficient basis in the pleadings and evidence to establish Defendants' liability for trademark counterfeiting and infringement.
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Fla. 3d DCA·
2020-12-02
A trial court is divested of jurisdiction to determine a party's right to arbitration when that matter is pending on appeal before the appellate court, and any substantive rulings on arbitration made during the pendency of the appeal must be quashed.
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Del. Super. Ct.·
2020-11-20
The court granted in part and denied in part the plaintiff's renewed motion for leave to file a second amended complaint. The court denied the plaintiff's request to amend the class definition and seek class certification under Rule 23(b)(2), finding that the plaintiff had alread
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S.D. Fla.·
2020-11-20
The court held that the second amended complaint properly alleged joint liability, satisfying the amount-in-controversy requirement for diversity jurisdiction, and that transfer of venue to Arizona was not warranted under the circumstances.
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M.D. Fla.·
2020-11-18
The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
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S.D. Fla.·
2020-11-13
The court granted plaintiffs' motion for default judgment, finding sufficient basis in the pleadings for the judgment.
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Fla. 3d DCA·
2020-11-12
Gary Warlen, trustee of a trust granting a life estate to ward Catherine Badeaux, appealed a trial court order that declined to terminate the life estate and allocated repair costs for a deteriorating house between the trust and guardianship. The court affirmed the trial court's
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S.D. Fla.·
2020-11-10
The court denied Acheron's motion to void or suspend the Services Agreement, finding that Acheron must bring a separate action for breach of the March 2015 Agreement and that the Services Agreement is not a Servicing Agreement.
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M.D. Fla.·
2020-11-06
The court held that the plaintiff lacked standing for injunctive relief against the TPD due to insufficient allegations of future harm, but stated a claim for damages against the City of Tampa, and stated claims against the Thirteenth Judicial Circuit and the State Attorney's off
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S.D. Fla.·
2020-11-02
The court granted Plaintiff's motion for a default final judgment, awarding statutory damages and injunctive relief against the defendant for trademark infringement and counterfeiting.
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S.D. Fla.·
2020-10-30
The court adopted in part the Magistrate Judge's Report and Recommendation, issuing an Order to Show Cause for contempt and deferring ruling on sanctions and attorney's fees.
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S.D. Fla.·
2020-10-29
Genuine issues of material fact preclude summary judgment on the claim that the employee was terminated for jury service, but the employer is entitled to summary judgment on the claim for emotional distress damages under the Jury System Improvement Act.
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Fla. 4th DCA·
2020-10-21
The Florida Supreme Court discharged a writ of certiorari, finding it improvidently issued, as there was no conflict between appellate decisions concerning the zoning of Mayflower Property's land.
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S.D. Fla.·
2020-10-20
The court held that Casino was not entitled to attorney's fees under either federal or state law because it was not the prevailing party, as the plaintiff voluntarily dismissed the case after achieving the injunctive relief it sought.
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M.D. Fla.·
2020-10-20
The court held that the plaintiff's claims were not properly exhausted because he did not pursue all available administrative remedies before filing suit.
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Fla. 3d DCA·
2020-10-14
This case involves an appeal from a trial court's order enforcing a prior appellate mandate. The appellate court had previously voided a foreclosure judgment and sale, and on remand, the trial court dissolved an injunction. The current appeal challenges the dissolution of the inj
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M.D. Fla.·
2020-10-12
Peter Vigue, a homeless person, challenged the constitutionality of two Florida statutes that prohibited charitable solicitation on public roadways without a permit, alleging violations of his First Amendment right to free speech. The court ruled that Florida Statutes § 316.2045
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304 So. 3d 395·
Fla. 5th DCA·
2020-10-01
This appeal concerns attorney's fees awarded under Florida's Joe Carlucci Uniform Firearms Act (section 790.33) in a case where A.B. sued the City of Daytona Beach to recover firearms seized during a mental health crisis commitment. The court affirms the 1.5 contingency fee multi
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M.D. Fla.·
2020-09-30
The court held that the plaintiff's claims against judges and prosecutors were barred by absolute immunity and that the malicious prosecution claim was premature. The court also abstained from interfering with the ongoing state criminal proceedings.
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Del. Ch.·
2020-09-23
The Court of Chancery should deny the homeowner's motion for default judgment and the property owners association's motion to dismiss. Entry of default judgment is discretionary and not warranted here due to ongoing settlement discussions and lack of prejudice. While statutory ju
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M.D. Fla.·
2020-09-14
The court held that the plaintiffs failed to state a plausible claim for relief under § 1983 for First Amendment retaliation, Fourteenth Amendment equal protection, or injunctive relief, and that claims against certain defendants were based on impermissible respondeat superior.
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M.D. Fla.·
2020-09-11
The court granted a temporary restraining order to return a child to her country of habitual residence, finding that the requirements of the Hague Convention and Federal Rule of Civil Procedure 65 were met.
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M.D. Fla.·
2020-09-11
The court held that the plaintiff failed to demonstrate entitlement to injunctive relief.
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M.D. Fla.·
2020-09-09
The court denied the plaintiff's motions for an extension of time to serve and for an alternative method of service, finding no good cause and a lack of diligent effort to comply with the Hague Convention.
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45 Fla. L. Weekly D619·
Fla. 3d DCA·
2020-09-02
This case involves a property dispute between neighbors, initiated by a homeowner's trespass action. The appellate court affirmed the trial court's judgment, finding no errors in the final judgment or pretrial dismissal orders.
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45 Fla. L. Weekly D619·
Fla. 3d DCA·
2020-09-02
This case involves a property dispute between neighbors that escalated from a simple trespass action to complex counterclaims and third-party claims. The appellate court affirmed the trial court's judgment and dismissal orders, emphasizing that parties are entitled to relief from
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S.D. Fla.·
2020-09-01
The court granted final approval of the class action settlement, finding it fair, adequate, and reasonable, and overruled the objection filed by a serial objector.
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Del. Ch.·
2020-08-26
The Court of Chancery Master recommended denying the homeowner's motion to vacate the default judgment, granting the homeowners association's motion for contempt but extending the compliance deadline, and awarding court costs to the association while denying attorneys' fees. The
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M.D. Fla.·
2020-08-21
The court held that plaintiffs failed to demonstrate irreparable injury, as an adequate remedy for compensation exists, thus denying their motion for a temporary restraining order.
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M.D. Fla.·
2020-08-21
The court held that the plaintiff failed to allege facts demonstrating a real and immediate injury in fact, and thus lacked standing for injunctive relief.
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M.D. Fla.·
2020-08-17
The court held that the arbitration agreements clearly and unmistakably delegate the question of arbitrability, including whether FINRA rules supersede the agreements, to the American Arbitration Association (AAA), not the court.
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S.D. Fla.·
2020-08-14
The court held that the complaint plausibly alleged that the defendant acted as an unregistered securities dealer, and that the claim for injunctive relief was not premature.
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M.D. Fla.·
2020-08-13
The court granted default final judgment for injunctive relief and costs, finding sufficient allegations for trademark infringement and unfair competition.
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Fla. 4th DCA·
2020-08-05
A petitioner sought mandamus relief to compel the circuit court to exercise jurisdiction over his consumer protection and fraud claims. The circuit court had transferred the case to county court, but the appellate court held that the circuit court erred in refusing jurisdiction b
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M.D. Fla.·
2020-08-04
The court granted default judgment for copyright infringement, awarding statutory damages and injunctive relief, but denied attorney's fees without prejudice.
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S.D. Fla.·
2020-08-04
The court held that defendants are not entitled to a jury trial because the FTC's claims are equitable and seek equitable relief, and that laches, waiver, and reservation of rights are invalid affirmative defenses against the government in this context.
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S.D. Fla.·
2020-08-03
Plaintiff Chloe Tsakiris Alston sued Stands4 LTD and others for stealing and unlawfully transferring her domain name www.calculator.com, alleging violations of the Anticybersquatting Consumer Protection Act and other federal laws. The court denied Stands4's motion to dissolve the