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

• Mosley v. State
  209 So. 3d 1248· Fla.· 2016-12-22 ·cited 199×
  John Mosley was convicted of murdering his girlfriend and infant son in April 2004 and sentenced to death for the child's murder and life imprisonment for the girlfriend's murder. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal. In this post
• Larimore v. State
  2 So. 3d 101· Fla.· 2008-12-11 ·cited 169×
  The Florida Supreme Court held that the Involuntary Civil Commitment of Sexually Violent Predators Act (Jimmy Ryce Act) requires that an individual be in lawful custody when the State initiates civil commitment proceedings in order for a circuit court to have jurisdiction over th
• Brooks v. State
  918 So. 2d 181· Fla.· 2005-06-23 ·cited 158×
  This case involves Lamar Brooks' appeal of his conviction and death sentences for the first-degree murders of Rachel Carlson and her infant daughter, Alexis Stuart. This is Brooks' second appeal after his initial conviction was reversed in 2001 due to erroneous hearsay testimony.
• Streeter v. Sullivan
  509 So. 2d 268· Fla.· 1987-05-21 ·cited 141×
  The Florida Supreme Court held that corporate officers and executives are "employees" under Florida's Workers' Compensation Act and can be held liable to fellow employees for acts of gross negligence, regardless of whether those acts involve an affirmative act beyond the employer
• Murray v. Mariner Health and ACE USA
  994 So. 2d 1051· Fla.· 2008-10-23 ·cited 89×
  Emma Murray, a workers' compensation claimant, challenged the constitutionality of Florida's attorney fee statute (§ 440.34), arguing that applying the rigid statutory formula to her case resulted in an unreasonably low fee award of $684.84 (approximately $8/hour) despite complex
• Overstreet v. State
  629 So. 2d 125· Fla.· 1993-12-16 ·cited 88×
  The Florida Supreme Court held that prior offenses with withheld adjudication cannot be used as predicate convictions for habitual felony offender sentencing when the subsequent felony is committed while the defendant is incarcerated, rather than on probation. The court strictly
• Polite v. State
  973 So. 2d 1107· Fla.· 2007-09-27 ·cited 87×
  The Florida Supreme Court resolved a conflict between district courts on whether knowledge that a victim is a law enforcement officer is an essential element of the crime of resisting an officer with violence under section 843.01. The Court held that such knowledge is indeed an e
• United Auto. Ins. Co. v. Rodriguez
  808 So. 2d 82· Fla.· 2001-11-08 ·cited 74×
  The Florida Supreme Court clarified the consequences of late payment of personal injury protection (PIP) insurance benefits under the no-fault law. The Court held that while insurers are subject to statutory penalties (10% interest and attorney's fees) for failing to pay claims w
• Curd v. Mosaic Fertilizer, LLC
  39 So. 3d 1216· Fla.· 2010-06-17 ·cited 71×
  The Florida Supreme Court held that commercial fishermen can recover economic damages for loss of income caused by pollution without owning the damaged property, both under a private statutory cause of action in chapter 376 and under common law negligence principles. The Court re
• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc.
  678 So. 2d 1239· Fla.· 1996-06-27 ·cited 68×
  The Florida Supreme Court reviewed the constitutionality of the Medicaid Third-Party Liability Act of 1994, which creates an independent state cause of action to recover Medicaid expenditures from tortfeasors. The Court largely upheld the Act's facial constitutionality while stri
• Zuckerman v. Alter
  615 So. 2d 661· Fla.· 1993-01-28 ·cited 63×
  The Florida Supreme Court held that Florida Statute § 689.075(1)(g) creates two alternative tests for validating an inter vivos trust where the settlor is the sole trustee: the trust must either be valid under the jurisdiction's laws OR be executed with will formalities. The cour
• Special v. Ivo Baux, M.D.
  79 So. 3d 755· Fla. 4th DCA· 2011-11-16 ·cited 49×
  This medical malpractice case involves the death of a pregnant woman during cesarean delivery. The court addresses whether a trial court's restriction on cross-examination of a defense expert regarding unusually high rates of amniotic fluid embolus (AFE) diagnoses at the hospital
• Morris v. Dollar Tree Store & Specialty Risk Servs.
  869 So. 2d 704· Fla. 1st DCA· 2004-04-06 ·cited 32×
  In this workers' compensation appeal, the court reversed a judge of compensation claims' award of attorney's fees to claimant Angie Morris, finding the JCC erred in three respects: interpreting the statute to bar pre-petition attorney time, awarding an hourly rate unsupported by
• Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III
  89 So. 3d 923· Fla. 4th DCA· 2012-03-21 ·cited 31×
  This consolidated appeal addresses whether Florida trial courts may bifurcate mortgage foreclosure remedies by allowing a lender to pursue money judgments first and defer the foreclosure sale until the lender certifies non-satisfaction of those judgments. The Fourth District Cour
• Garcia v. Dyck-O'Neal, Inc.
  178 So. 3d 433· Fla. 3d DCA· 2015-10-07 ·cited 29×
  Garcia appeals a final default judgment awarding a deficiency judgment to Dyck-O'Neal following foreclosure of his residential property. The court affirms, holding that under Florida Statute § 702.06, a mortgagee may pursue a separate deficiency action unless the foreclosure cour
• Rosenberg v. Cape Coral Plumbing, Inc.
  920 So. 2d 61· Fla. 2d DCA· 2005-12-28 ·cited 28×
  Rosenberg, a general contractor, appealed a trial court's grant of summary judgment in favor of Cape Coral Plumbing following a flood that caused $70,000 in damages to a house under construction. The appellate court reversed in part, finding that genuine issues of material fact e
• State v. Jett
  626 So. 2d 691· Fla.· 1993-11-10 ·cited 28×
  Section 415.512, Florida Statutes, waives the psychotherapist-client privilege in any judicial proceeding involving an action or offense that meets the statutory definition of child abuse or neglect, not limited to child abuse or neglect proceedings under chapter 39 or section 82
• Higgins v. Dyck-O'Neal, Inc.
  201 So. 3d 157· Fla. 1st DCA· 2016-06-09 ·cited 27×
  The First District Court of Appeal reversed a default judgment against homeowners, holding that a lender who included a prayer for deficiency relief in a foreclosure action and had the court reserve jurisdiction to enter such a judgment cannot subsequently pursue a separate commo
• Kline v. Publix Supermarkets, Inc.
  568 So. 2d 929· Fla. 2d DCA· 1990-05-09 ·cited 24×
  Virginia Kline appealed a summary judgment in her favor against Publix for intentional infliction of emotional distress and discrimination, while Publix cross-appealed seeking attorney's fees and costs under Florida's offer of judgment statute. The court affirmed the summary judg
• United States v. Hill
  971 F.2d 1461· 10th Cir.· 1992-08-04 ·cited 22×
  A person can be convicted of conspiracy to violate 18 U.S.C. § 924(c)(1), and acquittal on the underlying drug offenses does not preclude conviction for the firearms conspiracy.
• Ward v. State
  986 So. 2d 479· Fla.· 2008-01-17 ·cited 21×
  The Florida Supreme Court held that a person convicted of a sexually violent offense in the past is eligible for civil commitment under the Jimmy Ryce Act if they are subsequently sentenced to total confinement after January 1, 1999, even if the current confinement is for a non-s
• Olmstead v. Fed. Trade Comm'n
  44 So. 3d 76· Fla.· 2010-06-24 ·cited 20×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a judgment creditor may compel a judgment debtor to surrender all ownership interest in a single-member LLC to satisfy a judgment. The Court held that Florida's charging order reme
• City OF Port Orange & PGCS v. Sedacca
  953 So. 2d 727· Fla. 1st DCA· 2007-04-10 ·cited 20×
  A firefighter with work-related hypertension sought workers' compensation benefits as an occupational disease, but the appellate court held that permanent impairment alone does not constitute compensable disability under Florida's Workers' Compensation Act. The court reversed, fi
• Cricket Props., LLC v. Nassau Pointe AT Heritage Isles Homeowners Ass'n, Inc.
  124 So. 3d 302· Fla. 2d DCA· 2013-09-20 ·cited 18×
  Cricket Properties acquired property by tax deed and sued to quiet title. The trial court ruled that a homeowners association's lien for unpaid assessments survived the tax deed issuance under section 720.3085(2)(b). The appellate court reversed, holding that tax deed purchasers
• Leftwich v. Fla. Dep't OF Corr.
  148 So. 3d 79· Fla.· 2014-09-18 ·cited 17×
  The Florida Supreme Court resolved a conflict between district courts regarding whether an inmate sentenced as a habitual offender after receiving non-habitual offender sentences remains eligible for provisional credits on those earlier sentences. The Court held that under the pl
• Rodrigo v. State Farm Fla. Ins. Co.
  144 So. 3d 690· Fla. 4th DCA· 2014-08-20 ·cited 17×
  An insured appealed a summary judgment dismissing her property damage claim against her homeowner's insurance after bodily fluids from a deceased neighbor's decomposing body infiltrated her condominium. The court affirmed, holding that the insured materially breached the conditio
• State v. Owens
  95 So. 3d 1018· Fla. 5th DCA· 2012-08-24 ·cited 16×
  A downward departure sentence is permissible under section 921.0026(2)(d) when a defendant requires specialized treatment for a mental disorder or physical disability and is amenable to treatment, without requiring proof that such treatment is unavailable within the Department of
• Mandell v. Mandell
  741 So. 2d 617· Fla. 2d DCA· 1999-09-22 ·cited 16×
  Wendy Mandell appeals the trial court's dissolution of marriage judgment establishing a rotating custody plan for the parties' child. The appellate court affirms, holding that the trial court did not abuse its discretion and that the statutory provision allowing rotating custody
• The Putnam Berkley Grp., Inc. v. Dinin
  734 So. 2d 532· Fla. 4th DCA· 1999-05-26 ·cited 16×
  A woman sued a photographer and publisher in 1995 for unauthorized publication of her photograph in a 1988 book. The trial court denied summary judgment on statute of limitations grounds, and a jury awarded damages. The appellate court reversed, holding that the claims were barre
• Wagner Seed Co., Inc. v. Bush
  946 F.2d 918· D.C. Cir.· 1991-10-15 ·cited 16×
  The dissenting judge would reverse the lower court's decision, arguing that the EPA is not entitled to Chevron deference in its interpretation of CERCLA § 106(b)(2) and that the statutory text favors the petitioner's reading.
• In re Folendore v. U.S. Small Bus. Admin.
  862 F.2d 1537· 11th Cir.· 1989-01-12 ·cited 16×
  A lien securing a claim that is not an allowed secured claim is void under 11 U.S.C. § 506(d) if a party in interest requests disallowance of the claim, even if the claim is not actually disallowed.
• Meade Twp. v. Andrus
  695 F.2d 1006· 6th Cir.· 1982-12-20 ·cited 16×
  The Secretary of the Interior exceeded his statutory authority by promulgating a regulation that defined 'unit of local government' based on a 'principal provider of services' test, which conflicted with the Payments in Lieu of Taxes Act's plain language and legislative intent fa
• Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc.
  122 So. 3d 487· Fla. 3d DCA· 2013-09-25 ·cited 15×
  Global Xtreme challenges an attorney's fees award to Advanced Aircraft Center based on sections 57.105 and 713.29, Florida Statutes. The appellate court reversed, holding that Advanced failed to comply with the strict notice requirements of section 57.105 and that section 713.29
• Providence Prop. & Cas. & Certified HR Servs. v. Wilson
  990 So. 2d 1224· Fla. 1st DCA· 2008-09-28 ·cited 15×
  In this workers' compensation case, the court held that an employee who received treatment from an authorized physician is entitled to a one-time change in physician under Florida Statute § 440.13(2)(f), regardless of whether the original physician discharged the employee or opin
• State v. Lazo
  761 So. 2d 1244· Fla. 2d DCA· 2000-07-12 ·cited 14×
  The State appealed a trial court's imposition of drug offender probation for a felony driving-while-license-suspended charge. The appellate court reversed, holding that drug offender probation under Florida Statute § 948.034(2) applies only to specifically enumerated drug offense
• Houston D. Perkins v. State
  630 So. 2d 1180· Fla. 1st DCA· 1994-01-12 ·cited 14×
  A structure designed to be occupied by people lodging therein at night constitutes a dwelling under the 1982 amended Florida statute, irrespective of actual occupancy or the owner's intent to return, unless credible evidence shows the structure's character has been substantially
• In re Flagstaff Foodservice Corp. v. Levin & Weintraub
  739 F.2d 73· 2d Cir.· 1984-07-10 ·cited 14×
  The court held that interim professional fees awarded in a Chapter 11 proceeding cannot be paid from a secured creditor's collateral when the creditor holds a super-priority lien, unless the services primarily benefited the secured creditor under 11 U.S.C. § 506(c).
• Fortune v. Gulf Coast Tree Care Inc./Florida Citrus Bus. & Indus.
  148 So. 3d 827· Fla. 1st DCA· 2014-10-13 ·cited 13×
  In this workers' compensation case, the Florida District Court of Appeal reversed the Judge of Compensation Claims' denial of reimbursement for medical expenses, mileage, and co-payments incurred by an employee following a work-related assault injury. The court held that when an
• Levey v. Detzner
  146 So. 3d 1224· Fla. 1st DCA· 2014-09-03 ·cited 13×
  Laura Rivero Levey sought declaratory and injunctive relief to be placed on the ballot for the Florida House of Representatives District 113 after her qualifying fee check was returned by her bank after the qualifying period closed. The court affirmed the trial court's judgment t
• Wal-Mart Stores & Claims Mgmt., Inc. v. Campbell
  714 So. 2d 436· Fla.· 1998-06-11 ·cited 13×
  The Florida Supreme Court held that section 440.14(1)(a) of the Florida Statutes mandates a fixed method for calculating average weekly wage (AWW) in workers' compensation cases involving concurrent employment, requiring combination of all earnings from both employments over thir
• Bauer v. Dilib, Inc.
  16 So. 3d 318· Fla. 4th DCA· 2009-09-16 ·cited 12×
  A Florida appellate court held that an employer cannot recover attorney's fees from a third party who aids and abets employees' violation of a restrictive covenant, even though the third party can be enjoined from participating in the violation. The court interpreted Florida's re
• City OF Coral Gables Code Enf't Bd. v. Yife Tien
  967 So. 2d 963· Fla. 3d DCA· 2007-10-10 ·cited 12×
  The court quashed a decision by the appellate court that had reversed a Code Enforcement Board's dismissal of a neighbor's complaint about a large yacht moored in a waterway, finding the ordinance applied even if the boat extended over a neighbor's space.
• United States v. Martin D.L. Haynes
  969 F.2d 569· 7th Cir.· 1992-08-04 ·cited 12×
  The court held that the equivalency provision of the Sentencing Guidelines applies even when marijuana plants are harvested and processed into consumable marijuana, requiring sentencing based on the greater of the converted plant weight or the actual processed weight.
• United States v. Mendoza-Lopez
  781 F.2d 111· 8th Cir.· 1985-12-31 ·cited 12×
  An alien cannot collaterally attack a previous deportation order as a defense to a prosecution under 8 U.S.C. § 1326.
• Landau v. Roundpoint Mortg. Servicing Corp.
  925 F.3d 1365· 11th Cir.· 2019-06-11 ·cited 11×
  A motion to reschedule a previously ordered foreclosure sale does not constitute a prohibited motion for an order of sale under 12 C.F.R. § 1024.41(g).
• Cent. Magnetic Imaging Open MRI OF Plantation, Ltd. v. State Farm Fire & Cas. Ins. Co.
  22 So. 3d 782· Fla. 4th DCA· 2009-11-18 ·cited 11×
  Central Magnetic Imaging sought certiorari review of a circuit court decision that reversed summary judgment and held that an insurer need not obtain an independent medical examination (IME) before denying a personal injury protection (PIP) claim, as long as a valid peer review r
• State v. C & W Food Serv., Inc.
  765 So. 2d 728· Fla. 1st DCA· 2000-05-10 ·cited 11×
  A contract renewal clause that requires mutual agreement, satisfactory performance, and availability of funds does not create a right to renewal as a matter of law.
• Pitts v. State
  263 So. 3d 834· Fla. 1st DCA· 2019-02-05 ·cited 10×
  Samuel Pitts appealed his sexual battery conviction challenging the trial court's admission of collateral crime evidence and exclusion of good character evidence. The First District Court of Appeal affirmed the conviction, holding that the collateral crime evidence was properly a
• Sand Lake Hills Homeowners Ass'n, Inc. v. Busch
  210 So. 3d 706· Fla. 5th DCA· 2017-01-20 ·cited 10×
  Sand Lake Hills Homeowners Association appealed a judgment awarding attorney's fees to the Busches under two statutory provisions. The court affirmed the award under section 712.08 for filing a false Marketable Record Title Act notice, but reversed the award under the ARD's fee p
• Satish B. Patel v. State
  141 So. 3d 1239· Fla. 5th DCA· 2014-06-27 ·cited 10×
  The Florida District Court of Appeal reversed a trial court's order finding probable cause to seize substitute bank accounts and cash under the Florida Contraband Forfeiture Act (FCFA). The court held that section 932.703(5)'s substitute assets provision applies only to the forfe