Intentional Infliction Of Emotional Distress

1,636 Florida cases classified under this topic, plus 8 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• King v. Sheriff Carmine Marceno
  2025 WL 676224· M.D. Fla.· 2025-11-04 ·cited 2×
  The court granted in part and denied in part the motion to dismiss, dismissing several claims with prejudice while allowing others to proceed.
• Middleton v. The Hollywood Reporter LLC
  137 F.4th 1287· 11th Cir.· 2025-05-23 ·cited 2×
  The court held that California's one-year statute of limitations applied to the defamation claims, barring the action.
• Roque v. Swezy
  390 So. 3d 193· Fla. 3d DCA· 2024-05-01 ·cited 2×
  Elizabeth Roque sought a writ of certiorari to quash a trial court order requiring forensic imaging of her entire cellphone, including deleted data, to be reviewed by her own attorney who would then produce relevant materials to opposing counsel. The Third District Court of Appea
• Newcome v. Hernando Cnty. Sheriff's Off.
  M.D. Fla.· 2022-02-02 ·cited 2×
  The court held that the Hernando County Sheriff's Office is not a suable entity and dismissed claims against it, while also dismissing various other claims for failure to state a claim or due to shotgun pleading, granting leave to amend.
• Cruz v. N. Shore Med. Ctr., Inc.
  320 So. 3d 964· Fla. 3d DCA· 2021-05-26 ·cited 2×
  What constitutes outrageous conduct in an intentional infliction of emotional distress claim is determined by the trial court as a matter of law, and the plaintiff's subjective response to the conduct does not control whether the tort occurred.
• Escadote I Corp. v. Ocean Three Condo. Ass'n, Inc.
  307 So. 3d 938· Fla. 3d DCA· 2020-10-07 ·cited 2×
  The appellate court affirmed the lower court's decision to grant summary judgment, finding that a prior settlement agreement and release barred the plaintiff's claims for water intrusion damages. The court also affirmed the dismissal of claims against the property manager.
• Ash v. Campion
  247 So. 3d 581· Fla. 1st DCA· 2018-02-05 ·cited 2×
  A contempt fine that imposes a flat, unconditional penalty without a purge provision and is not supported by findings of actual loss constitutes a criminal sanction requiring compliance with Rule 3.840; noncompliance with Rule 3.840 constitutes fundamental error requiring reversa
• Paylan v. Dirks
  228 So. 3d 679· Fla. 2d DCA· 2017-10-11 ·cited 2×
  Christina Paylan appealed the dismissal of her civil claims against state prosecutors for narcotics investigation and prosecution. The court affirmed dismissal of most counts but reversed the dismissal of Fourth Amendment and tortious interference claims against individual Assist
• Maddox v. Fla. Farm Bureau Gen.
  129 So. 3d 1179· Fla. 5th DCA· 2014-01-17 ·cited 2×
  The court reversed a portion of a final judgment, holding that two separate dog bites sustained by different individuals constituted two distinct "occurrences" under a homeowner's insurance policy, not one.
• In re Chiquita Brands Int'l, Inc.
  792 F. Supp. 2d 1301· S.D. Fla.· 2011-06-03 ·cited 2×
  The court found that the Anti-Terrorism Act does not preclude Alien Tort Statute claims for terrorism by non-U.S. nationals, and that the ATS may recognize claims for terrorism if they meet specific international law criteria.
• Joseph P. Testa and his wife v. S. Escrow & Title, LLC
  36 So. 3d 713· Fla. 1st DCA· 2010-04-13 ·cited 2×
  The court held that while most counts were properly dismissed, three counts could conceivably be amended to state causes of action, warranting a chance for amendment.
• Doe v. N. River Ins.
  719 F. Supp. 2d 1352· M.D. Fla.· 2010-04-06 ·cited 2×
  The court held that the insurance policy did not cover the sexual molestation claims because the acts were intentional, outside the scope of employment, and not 'accidents' as defined by the policy.
• WPC Indus. Contractors, Ltd. v. Amerisure Mut. Ins.
  720 F. Supp. 2d 1377· S.D. Fla.· 2009-10-21 ·cited 2×
  The court held that the insurer had no duty to defend the insured contractor because the alleged sewage backup and resulting damage did not occur on or from the contractor's work site, and was excluded by the pollution exclusion clause.
• King v. State
  650 F. Supp. 2d 1157· N.D. Fla.· 2009-06-15 ·cited 2×
  The court held that the plaintiff's claims for Whistle-blower's Act violation and tortious interference could proceed, but claims for negligence and intentional infliction of emotional distress were dismissed.
• Total Fleet Solutions, Inc. v. Nat'l Ins. Crime Bureau, Inc.
  612 F. Supp. 2d 1232· M.D. Fla.· 2009-05-06 ·cited 2×
  The court held that the case was improperly removed because there is a possibility that the state court could find a valid cause of action for defamation against the non-diverse defendant, thus defeating complete diversity.
• Jane Doe No. 5 v. Epstein
  611 F. Supp. 2d 1339· S.D. Fla.· 2009-02-12 ·cited 2×
  Jane Doe No. 5 sued Jeffrey Epstein for sexual assault and battery, intentional infliction of emotional distress, and violation of 18 U.S.C. § 2422 (coercion and enticement to sexual activity) based on allegations that Epstein engaged in a scheme to sexually assault economically
• Drudge v. City of Kissimmee
  581 F. Supp. 2d 1176· M.D. Fla.· 2008-09-25 ·cited 2×
  The court granted summary judgment for the defendants, finding no constitutional violation and that the officer was entitled to qualified immunity.
• Xerox Corp. & Ricardo Vescovacci v. Smartech Document Mgmt., Inc.
  979 So. 2d 957· Fla. 3d DCA· 2007-11-28 ·cited 2×
  Xerox and a company president appeal an order denying their motion to compel arbitration of defamation and tortious interference claims brought by their former authorized sales agent. The court reversed, holding that the broad arbitration clause covers the dispute and that thresh
• Pace v. Platt
  228 F. Supp. 2d 1332· N.D. Fla.· 2002-08-12 ·cited 2×
  The court held that the IRS and its employees are immune from suit for claims related to tax assessment and collection, and that plaintiffs failed to exhaust administrative remedies.
• Cash v. Airport Mini-Storage
  782 So. 2d 983· Fla. 3d DCA· 2001-04-18 ·cited 2×
  Anthony Eugene Cash rented self-service storage space from Airport Mini-Storage, failed to pay rent, and the facility sold his possessions without complying with statutory lien procedures. The trial court dismissed his complaint for failing to comply with pleading rules, but this
• Jené Williams v. Se. Fla. Cable, Inc.
  782 So. 2d 988· Fla. 4th DCA· 2001-04-18 ·cited 2×
  Jené Williams appealed a summary judgment dismissing her employment discrimination claims and the dismissal of her emotional distress claim against Southeast Florida Cable, Inc. The Fourth District reversed the summary judgment on her Florida Civil Rights Act claims based on a Fl
• Donigan v. Nevins
  785 So. 2d 573· Fla. 4th DCA· 2001-04-04 ·cited 2×
  The court held that genuine issues of fact exist regarding civil theft, conversion, wrongful death, and tortious interference with the disposition of a dead body, requiring reversal of summary judgment on those counts.
• Davis v. Hilton
  780 So. 2d 974· Fla. 4th DCA· 2001-03-07 ·cited 2×
  Thomas Davis appealed a summary judgment dismissing his claims against his ex-wife Lin Hilton, her parents Charles and Valerie Berlitz, and her husband Herbert Hilton for parental alienation and intentional infliction of emotional distress. The court affirmed, holding that Florid
• Carnesi v. Ferry Pass United Methodist Church
  770 So. 2d 1286· Fla. 1st DCA· 2000-11-16 ·cited 2×
  Claims of sexual harassment and hostile work environment against a church and its volunteer committee chairman are barred by the First Amendment's excessive entanglement doctrine because determining liability would require secular courts to review and interpret church law, polici
• Goldstein v. Harris
  768 So. 2d 1146· Fla. 4th DCA· 2000-08-30 ·cited 2×
  Appellants Goldstein challenged the enforcement of a civil contempt order via writ of bodily attachment, claiming the Bankruptcy Code's stay provisions prevented enforcement after they filed Chapter 7 bankruptcy. The court affirmed summary judgment on the underlying claims but re
• Stephen Babic, M.D. v. Physicians Protective Tr. Fund
  738 So. 2d 442· Fla. 4th DCA· 1999-07-21 ·cited 2×
  Dr. Babic appealed a summary judgment in favor of his medical malpractice insurance carrier PPTF and others after PPTF settled a patient's malpractice claim by charging the full $500,000 settlement to Babic's file, despite the release stating the settlement was against all four d
• Stone v. Georgene Wall
  734 So. 2d 1038· Fla.· 1999-06-17 ·cited 2×
  The Florida Supreme Court answers a certified question from the Eleventh Circuit by recognizing a common law cause of action for intentional interference with the custodial parent-child relationship when a non-parent third party abducts or interferes with a child from a legally c
• Rosen v. Fla. Ins. Guar. Ass'n
  734 So. 2d 491· Fla. 1st DCA· 1999-05-14 ·cited 2×
  Bonnie Rosen sued a law firm for malpractice and sought recovery from the Florida Insurance Guaranty Association (FIGA), which assumed the firm's insurance defense after the insurer became insolvent. The court affirmed summary judgment for FIGA, holding that Rosen's agreement to
• Podd v. Becker
  728 So. 2d 1234· Fla. 3d DCA· 1999-04-07 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's denial of a venue objection, holding that a defendant does not waive a venue defense by filing a notice of appearance and motion for extension of time without explicitly reserving the venue objection in those documents
• Ball v. Heilig-Meyers Furniture Co.
  35 F. Supp. 2d 1371· M.D. Fla.· 1999-02-10 ·cited 2×
  The court held that sexual harassment is actionable under Title VII, but the tort of sexual harassment and intentional infliction of emotional distress are not recognized in Florida common law. Negligent retention was dismissed for lack of a foundational duty.
• Bonita Conquest v. Auto-Owners Ins. Co.
  773 So. 2d 71· Fla. 2d DCA· 1998-04-06 ·cited 2×
  Bonita Conquest appealed a directed verdict in favor of Auto-Owners Insurance Company on her statutory claim for unfair claim settlement practices under Florida Statutes section 624.155. The court affirmed, holding that Conquest failed to present sufficient evidence of causation
• Balas v. Ruzzo
  703 So. 2d 1076· Fla. 5th DCA· 1997-10-10 ·cited 2×
  The court denied a petition for writ of certiorari challenging a discovery order that compelled two women to disclose details about their sexual history and prior prostitution activities. Although Florida Statute §796.09 ordinarily protects prostitutes from such discovery when su
• Borden v. Hammers
  941 F. Supp. 1170· M.D. Fla.· 1996-09-27 ·cited 2×
  The court held that the arbitration award would not be vacated because the movant received adequate notice, the award was not arbitrary and capricious, the arbitration panel was not illegally empaneled, and the award of punitive damages did not violate due process.
• Kritzman v. Unum Life Ins. Co. of Am.
  928 F. Supp. 1165· M.D. Fla.· 1996-06-13 ·cited 2×
  State law claims relating to an employee benefit plan are preempted by ERISA, even if the contract purports to allow state law remedies or the claim arose before the plan's existence.
• Russell v. State
  668 So. 2d 276· Fla. 2d DCA· 1996-02-16 ·cited 2×
  Mark Russell, an insurance agent, appealed the Department of Insurance's suspension of his license for allegedly converting and unlawfully withholding funds belonging to Principal Mutual Life Insurance Company. The court reversed, finding that the Department failed to prove by cl
• In re Standard Jury Instructions-Civil Cases NO. 94-1
  645 So. 2d 999· Fla.· 1994-12-01 ·cited 2×
  The Florida Supreme Court authorized the publication of a new standard jury instruction (SJI MI 10) for cases involving claims of intentional infliction of emotional distress through outrageous conduct. The instruction establishes the legal elements and damages framework for this
• DiBernardo v. Waste Mgmt.
  838 F. Supp. 567· M.D. Fla.· 1993-11-16 ·cited 2×
  The court held that the plaintiff's complaint sufficiently alleged claims for sexual harassment, including quid pro quo and hostile work environment, and that there was a reasonable basis for a punitive damages claim.
• Winn v. N. Am. Philips Corp.
  1993 WL 263430· S.D. Fla.· 1993-06-22 ·cited 2×
  The court held that it would decline to exercise supplemental jurisdiction over the plaintiff's state law claims because they presented novel or complex issues of state law that predominated over the federal claims.
• Walton v. City OF Southfield
  995 F.2d 1331· 6th Cir.· 1993-06-10 ·cited 2×
  The court held that officers are entitled to qualified immunity for abandoning children and for the search of the arrestee, as no clearly established right was violated. The court reversed the denial of summary judgment on these claims.
• Morgan v. Woessner
  997 F.2d 1244· 9th Cir.· 1993-06-10 ·cited 2×
  The court held that the interpretation of the Supreme Court's decision in Pacific Mutual Life Ins. Co. v. Haslip regarding due process in punitive damages review is flexible and case-specific, not requiring states to adopt Alabama's exact procedures.
• Thorpe v. Mut. OF Omaha Ins. Co.
  984 F.2d 541· 1st Cir.· 1993-01-29 ·cited 2×
  The court held that the plaintiff's demand letter was insufficient under Mass.Gen.L. ch. 93A and that the defendant's surveillance activities did not constitute extreme and outrageous conduct for intentional infliction of emotional distress.
• Britt v. The Grocers Supply Co., Inc.
  978 F.2d 1441· 5th Cir.· 1992-12-15 ·cited 2×
  The court held that the Age Discrimination in Employment Act (ADEA) is not preempted by the National Labor Relations Act (NLRA) and that the ADEA is the exclusive remedy for age discrimination claims. The court also found the notice of appeal sufficient and affirmed the lower cou
• Gonsalves v. Flynn
  981 F.2d 45· 1st Cir.· 1992-12-11 ·cited 2×
  The court held that the plaintiff's claims were time-barred because the amended Massachusetts tolling statute, which removed imprisonment as a condition for tolling the statute of limitations, applied to his suit filed after the amendment's effective date.
• Pittman v. Sunshine Bank
  607 So. 2d 515· Fla. 1st DCA· 1992-11-18 ·cited 2×
  A complaint alleges fraud adequately when it includes allegations that representations were knowingly false when made, and an equitable claim to set aside a judgment based on fraud does not require allegations of monetary damages.
• Rivera v. Murphy
  979 F.2d 259· 1st Cir.· 1992-11-10 ·cited 2×
  The court held that the officer was not entitled to qualified immunity because his affidavit lacked specific facts to establish probable cause for the arrest, and the district court erred in granting summary judgment on the federal claim and dismissing the state law claims.
• Sever v. Alaska Pulp Corp.
  978 F.2d 1529· 9th Cir.· 1992-10-26 ·cited 2×
  The court affirmed the district court's dismissal of federal claims and summary judgment, finding no error in the dismissal of state law claims without prejudice.
• Tracey v. Ludwig
  604 So. 2d 922· Fla. 2d DCA· 1992-09-09 ·cited 2×
  The court held that the complaint sufficiently alleged bad faith or wanton and willful disregard for safety to proceed under the statute, but not intentional infliction of emotional distress.
• Arrington v. Cnty. OF Dallas
  970 F.2d 1441· 5th Cir.· 1992-09-08 ·cited 2×
  Qualified immunity does not bar claims that public employees were fired for refusing to waive their Fifth Amendment rights or for exercising their First Amendment rights, but it does bar claims based on the Sixth Amendment and the deprivation of a liberty interest without publica
• The Moral Majority, Inc. v. Broward Cnty. Chapter OF THE Nat'l Org. FOR Women, Inc.
  606 So. 2d 630· Fla. 4th DCA· 1992-08-26 ·cited 2×
  The Moral Majority appealed the trial court's denial of attorney's fees after the court granted summary judgment in their favor against NOW and others who had filed a baseless lawsuit alleging conspiracy, RICO violations, and other claims. The appellate court reversed, finding th
• Jasper Hogan v. Kraft Foods
  969 F.2d 142· 5th Cir.· 1992-08-21 ·cited 2×
  The court held that the state law claims were preempted by ERISA and the ERISA claims were time-barred by the statute of limitations.