Neutral Principles Of Law

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

• Malicki v. DOE
  814 So. 2d 347· Fla.· 2002-03-14 ·cited 118×
  The Florida Supreme Court held that the First Amendment does not bar tort claims for negligent hiring and supervision against a religious institution based on a clergy member's sexual assault and battery of parishioners. The court rejected the argument that adjudicating such neut
• DOE v. Evans
  718 So. 2d 286· Fla. 4th DCA· 1998-09-09 ·cited 35×
  Jane Doe appealed the dismissal of her claims against a church, diocese, and bishop for injuries arising from alleged sexual misconduct by a pastor during pastoral counseling. The court affirmed the dismissal, holding that claims for negligent hiring/retention/supervision, breach
• Mills v. Baldwin
  362 So. 2d 2· Fla.· 1978-07-20 ·cited 15×
  The Florida Supreme Court resolved a church property dispute between a withdrawing majority and loyal minority faction of Madison Presbyterian Church by holding that the hierarchical structure of the Presbyterian Church in the United States (PCUS) creates an implied trust in chur
• Reverend William H. Simpson and Mrs. Crispina Simpson v. Wells Lamont Corp.
  494 F.2d 490· 5th Cir.· 1974-05-24 ·cited 15×
  Civil courts lack subject matter jurisdiction over purely ecclesiastical disputes, including a pastor's dismissal and eviction from a church-owned parsonage, due to the First Amendment's protection of religious freedom.
• The House of God Which Is the Church of the Living God v. Ashanta White and Semmie Taylor
  792 So. 2d 491· Fla. 4th DCA· 2000-07-07 ·cited 13×
  A church sought a writ of prohibition to bar a lawsuit by a former parishioner alleging slander, vicarious liability, and negligent retention of a pastor. The court held that claims against the church (vicarious liability and negligent supervision) were barred by the First Amendm
• Jane DOE I and Jane Doe II v. Malicki
  771 So. 2d 545· Fla. 3d DCA· 2000-07-26 ·cited 12×
  Two women sued St. David Catholic Church and the Archdiocese of Miami for damages from sexual assaults by a priest, claiming negligent hiring and supervision, respondeat superior, and breach of implied contract. The trial court dismissed the claims on First Amendment grounds, but
• Kond v. Stefan Mudryk
  769 So. 2d 1073· Fla. 4th DCA· 2000-09-13 ·cited 10×
  The Florida Fourth District Court of Appeal affirmed the dismissal of church members' complaints seeking declaratory relief, damages for slander, and intentional infliction of emotional distress against a Russian-Ukrainian Baptist Church and its leadership. The court held that th
• Miller v. Internal Revenue Serv.
  829 F.2d 500· 4th Cir.· 1987-09-18 ·cited 10×
  Payments made to a church for services, even if religious, are not deductible charitable contributions if structured as a quid pro quo with an expectation of a commensurate return benefit.
• Malichi v. Archdiocese OF Miami & Unisource Administrators, Inc.
  945 So. 2d 526· Fla. 1st DCA· 2006-11-08 ·cited 9×
  A Catholic priest sued the Archdiocese of Miami for workers' compensation benefits after suffering an injury while working as an associate pastor. The court held that the Free Exercise Clause of the First Amendment precludes civil courts from hearing the claim because it constitu
• Bendross v. Rev. Phillip F. Readon and Eugene Rice
  89 So. 3d 258· Fla. 3d DCA· 2012-02-15 ·cited 6×
  Members of a church corporation's board of directors challenged their removal from office by other board members and the appointment of a new president. The trial court dismissed the case under the ecclesiastical abstention doctrine, but the appellate court reversed, holding that
• Crowder v. S. Baptist Convention & Executive Comm. of the S. Baptist Convention
  828 F.2d 718· 11th Cir.· 1987-09-28 ·cited 6×
• Baldwin v. Mills
  344 So. 2d 259· Fla. 1st DCA· 1977-03-25 ·cited 5×
  This case involves an intra-church dispute over control of Madison Presbyterian Church property in Florida. The court reversed the trial court's judgment that imposed an implied trust in favor of the hierarchical Presbyterian Church in the United States (PCUS), holding that under
• Guinan v. State
  65 So. 3d 589· Fla. 4th DCA· 2011-07-13 ·cited 4×
  A Catholic parish priest was convicted of grand theft for misappropriating parish funds and offertory money for personal use. The appellate court affirmed the conviction, finding sufficient evidence of intent to commit theft and rejecting the priest's claim that prosecution const
• Tr. Corp. of the King St. Baptist Church, Inc. v. Nw. Baptist Church of Cocoa, Inc.
  47 Fla. L. Weekly D1832· Fla. 5th DCA· 2022-11-04 ·cited 2×
  When evaluating a motion to dismiss, a trial court must accept all well-pleaded allegations in the complaint and provisions in attached deeds as true, drawing all inferences in favor of the pleader.
• Auguste v. Hyacinthe
  346 So. 3d 67· Fla. 4th DCA· 2022-09-07 ·cited 1×
  The appellate court reversed a trial court's dismissal of counts I-III of a complaint, finding that these claims could be resolved using neutral legal principles. However, it affirmed the dismissal of count IV, which involved property control, as it required adjudicating ecclesia
• Dist. Advisory Bd. of the S. Fla. Dist. v. Centro de Alabanza Oasis West Palm Beach
  338 So. 3d 936· Fla. 4th DCA· 2022-05-25 ·cited 1×
  The appellate court reversed a summary judgment, finding that a genuine issue of material fact existed regarding a church's affiliation with a larger denomination. This affiliation is crucial for determining whether a civil court can intervene in property disputes under the eccle
• Johnston v. Anti-Defamation League
  M.D. Fla.· 2025-07-21
  The court held that the amended complaint is a shotgun pleading and that service on defendants Kohr and AIPAC was improper, leading to a lack of personal jurisdiction over them. However, the court granted plaintiff leave to amend the complaint.
• Weems v. Ass'n of Related Churches
  M.D. Fla.· 2024-02-09
  The court held that the complaint is an impermissible shotgun pleading and must be stricken, preventing the court from determining the applicability of the ecclesiastical abstention doctrine.
• Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. The Seminole Tribe of Fla.
  S.D. Fla.· 2020-01-03
  The Seminole Tribe of Florida is entitled to tribal sovereign immunity, and thus dismissed from the action. Claims involving internal church governance are non-justiciable.
• The Conf. of African Union First Colored Methodist Protestant Church v. C.A. No. 1751-MG Hovington Faith Cmty. Church
  Del. Ch.· 2009-10-22
  The Court affirmed the Master's report, finding that the property in question is held by St. John's/Hovington for the benefit of the Conference. Legal title remains with the incorporated religious society, St. John's/Hovington, as no valid deed has transferred ownership. The Conf