584 Florida cases classified under this topic, plus 392 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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277 So. 3d 292·
Fla. 1st DCA·
2019-08-13
·cited 1×
James Harrell appeals summary judgment dismissing his negligence claim against Ryland Homes for injuries sustained when an attic ladder collapsed in June 2012. The trial court granted summary judgment, finding that Harrell's claim was barred by Florida's ten-year statute of repos
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269 So. 3d 653·
Fla. 2d DCA·
2019-04-26
·cited 1×
The automatic stay of court proceedings under section 627.7074(10) pending neutral evaluation does not stay the 90-day waiting period mandated by Florida Rule of Civil Procedure 1.442(b) for serving a proposal for settlement, because the waiting period is a rule of civil procedur
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Article X, section 29 of the Florida Constitution does not authorize qualified patients or caregivers to grow, cultivate, or process marijuana; only Medical Marijuana Treatment Centers are expressly authorized to cultivate and process marijuana for qualified patients.
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A juvenile appeals a circuit court's amended disposition order adjudicating him delinquent for violating probation on charges of lewd or lascivious molestation of a victim under twelve years old, challenging the imposition of sexual offender registration requirements. The court a
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260 So. 3d 1094·
Fla. 3d DCA·
2018-10-24
·cited 1×
M.G., a human trafficking victim, appealed the trial court's denial of her petition to expunge criminal history records related to a kidnapping charge, though her petition was granted for other offenses. The court affirmed the trial court's decision, holding that the Human Traffi
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247 So. 3d 538·
Fla. 4th DCA·
2018-05-16
·cited 1×
Florida Statute § 617.0607 does not require notice and a hearing before a not-for-profit corporation terminates a member's membership; it requires only that the termination procedure be fair, reasonable, and carried out in good faith. The corporation's bylaws and rules, which pro
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Section 376.313(3) does not permit recovery for personal injuries because the Florida Supreme Court in Curd v. Mosaic Fertilizer applied the 1970 Act's definition of damages to the 1983 Act, which expressly excludes human beings from the definition of damages.
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233 So. 3d 519·
Fla. 2d DCA·
2018-01-05
·cited 1×
Culpable negligence under section 784.05(1), Florida Statutes, requires proof of a conscious act that a reasonable person would know is likely to result in death or great bodily harm. The State's evidence was legally insufficient to support a delinquency adjudication where it sho
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The Florida Supreme Court held that Gadsden County's referendum approving slot machines at a pari-mutuel facility was not legally authorized because non-charter counties lack constitutional or statutory authority to conduct binding referenda on slot machine gaming absent specific
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Former Husband appealed the trial court's award of the Pennypacker property to Former Wife in a marital dissolution case, arguing the trial court misinterpreted their prenuptial agreement. The appellate court agreed, holding that under the plain language of the prenuptial agreeme
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The Florida Fifth District Court of Appeal reviewed an order awarding retroactive child support to a grandmother who obtained custody of her grandchild. The court held that retroactive support may only be awarded in the initial determination of child support, not in subsequent pr
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R.J. Reynolds Tobacco Company appeals a trial court's denial of an automatic stay of execution of an Engle-related tobacco judgment while it considers whether to petition the United States Supreme Court for review. The court holds that Reynolds, having increased its bond and demo
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The court held that an insurer's delay in paying an appraisal award does not excuse the insured's obligation to repair or replace damaged property as a condition precedent to receiving replacement cost value benefits.
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827 F. Supp. 2d 1352·
S.D. Fla.·
2011-11-04
·cited 1×
The court held that the USCIS's policy of not assigning a rollback date to non-Cuban spouses that predates their qualifying marriage is a permissible interpretation of the Cuban Adjustment Act and not arbitrary or capricious.
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752 F. Supp. 2d 1282·
S.D. Fla.·
2010-11-22
·cited 1×
The court denied Enclave's motion for summary judgment and granted in part and denied in part Mt. Hawley's motion, finding a dispute of fact on pre-suit compliance and upholding the windstorm deductible's interpretation and validity.
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666 F. Supp. 2d 1332·
S.D. Fla.·
2009-09-18
·cited 1×
The court held that the Elliot claim was related to prior FLSA claims and therefore excluded from coverage under Great American's claims-made policy because it was deemed made before the policy period began.
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993 So. 2d 1104·
Fla. 2d DCA·
2008-10-08
·cited 1×
The court held that an insurance policy's endorsement providing limited coverage for property damage and no-fault benefits, notwithstanding other exclusions, must be construed to provide that coverage if otherwise required by law.
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Willie Perry was convicted of resisting an officer with violence during a strip search at county jail booking. On remand from the Florida Supreme Court following Tillman v. State, the Fourth District Court of Appeal held that post-arrest intake procedures like strip searches are
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Juvenile's adjudication for giving a false name to a law enforcement officer was reversed because the statute requires the false identification to occur during or after arrest or lawful detention, which did not occur here.
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362 F. Supp. 2d 1308·
M.D. Fla.·
2005-02-10
·cited 1×
The court held that the government's civil forfeiture action was untimely because it was not commenced within the 120-day period required by statute, despite probable cause for forfeiture.
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Connecticut sought to assert ERISA claims on behalf of its citizens either as an assignee of individual rights or in its parens patriae capacity, but the Eleventh Circuit held that the state lacked both Article III constitutional standing as an assignee and statutory standing und
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The court held that the venue provision in Section 10 of the Federal Arbitration Act is permissive, not exclusive, allowing actions to be brought in districts other than where the award was made.
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The court held that the arbitral panel did not exceed its authority by ignoring the plain meaning of the contract or by manifestly disregarding applicable law when confirming the award.
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946 F.2d 35·
5th Cir.·
1991-11-01
·cited 1×
A royalty owner is entitled to the percentage depletion allowance for natural gas sold under a fixed contract, even if the royalty is based on market value, as long as the producer sells the gas under such a contract.
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The court held that the formula used by OPM to calculate federal firefighters' overtime pay under the FLSA was valid and in conformity with statutory requirements.
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753 F.2d 27·
3d Cir.·
1985-01-22
·cited 1×
The court held that the Lloyds policy provided coverage for the accidental discharge of a firearm, but the Continental policy did not, and the Aetna policy did provide coverage. The Lloyds policy is excess coverage.
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689 F.2d 593·
5th Cir.·
1982-10-21
·cited 1×
The court held that Congress did not intend for the Secretary to implement a rent supplement program or other low-income tenant subsidy program at the specified housing projects, and therefore affirmed the grant of summary judgment for the Secretary.
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Fla. 2d DCA·
2026-08-14
Although Florida Statute § 718.113(8) prohibits associations from categorically prohibiting EV charging station installations by unit owners, installations that materially alter or substantially add to common elements remain subject to the approval requirements of § 718.113(2)(a)
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Fla. 1st DCA·
2026-07-22
Ordinance No. 3058, which defined "change of ownership" to include stock transfers in a corporation owning a sexually oriented business, did not trigger the notice requirements of Florida Statutes § 166.041(3)(c) because it did not change the actual list of permitted uses or the
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Fla. 5th DCA·
2026-07-17
When determining whether a crime qualifies as a sexually violent offense under section 394.912(9)(h) of the Jimmy Ryce Act, the trial court must apply the beyond a reasonable doubt standard, not the clear and convincing evidence standard. Summary judgment is an appropriate proced
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Fla. 4th DCA·
2026-06-24
Section 672.401(2), Florida Statutes, requires physical delivery of goods for title to pass to a buyer; constructive delivery is insufficient as a matter of law. Summary judgment was improper because genuine disputes of material fact existed as to whether the vehicle was physical
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Fla. 6th DCA·
2026-06-12
A defendant granted immunity for lawful self-defense killing cannot be prosecuted for accessory after the fact to a capital felony because the immunity precludes proof that a capital felony occurred, an essential element of that offense. However, immunity for the underlying killi
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Fla. 2d DCA·
2026-06-10
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11th Cir.·
2026-06-08
The death-results penalty enhancement in 21 U.S.C. § 841(b)(1)(C) applies automatically to any violation of subsection 841(a) involving a controlled substance in schedule I or II that results in death or serious bodily injury, without requiring a separate mens rea finding beyond
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Fla. 4th DCA·
2026-06-03
Section 286.011(1), Florida Statutes, does not require arbitration hearings between a public employer and a public employee union to be open to the public because an arbitrator is not a "board or commission" and arbitration is not "collective bargaining negotiations" within the m
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A subordinate lienholder in a foreclosure action is limited to liens shown on the face of the pleadings when claiming surplus funds, and therefore the City could recover only the $671.01 utilities lien identified in the original foreclosure complaint, not the $1,712,200 in code e
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Fla. 2d DCA·
2026-05-20
A trial court lacks discretion to deny a timely motion for trial de novo in nonbinding arbitration based on failure to comply with an additional procedural requirement imposed by case management order when the statute and rule provide that an arbitration decision becomes final on
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Fla. 5th DCA·
2026-05-01
The State must provide written notice of its intent to seek the death penalty within 45 days of arraignment to qualify for a mental health examination of the defendant, and this requirement applies to Hurst resentencings such that late notice does not entitle the State to conduct
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Section 57.105(1), Florida Statutes, authorizes awards of attorney's fees but not costs, and courts cannot add terms not present in the statute.
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Fla. 1st DCA·
2026-03-23
The First District Court of Appeal of Florida clarified the meaning of the workers' compensation statute of limitations tolling provision. The court held that 'toll' means to suspend the limitations period, not to extend it, thereby allowing the claimant to file her petition for
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Fla. 2d DCA·
2026-01-23
The trial court properly denied Paleveda's motion for judgment of acquittal because eyewitness testimony and circumstantial evidence sufficiently proved he was the driver of the vehicle. The court also properly refused to modify the jury instruction because Florida law requires a
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Fla. 3d DCA·
2025-12-10
Section 56.10, Florida Statutes plainly authorizes a circuit court to appoint a receiver for a corporate judgment debtor when execution cannot be satisfied in whole or in part for lack of property subject to levy and sale.
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The circuit court's decision regarding the Department of Corrections' motion for a civil restitution lien is affirmed.
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Fla. 6th DCA·
2025-11-14
Section 768.79 and Florida Rule of Civil Procedure 1.442 do not authorize recovery of attorney's fees in an ancillary charging lien proceeding because such proceedings are equitable actions that do not seek damages, the former counsel were not parties to the underlying case, and
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11th Cir.·
2025-11-12
Transportation Security Officers (TSOs) are 'investigative or law enforcement officers' under the Federal Tort Claims Act's law enforcement proviso, meaning the United States has waived sovereign immunity for certain intentional torts committed by them.
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M.D. Fla.·
2025-11-07
The court held that an alien who entered the United States without inspection and has remained for years is not an 'alien seeking admission' under INA § 1225(b)(2) and is thus entitled to a bond hearing under INA § 1226(a).
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Fla. 2d DCA·
2025-10-29
A written change-of-address notice under Florida Statute § 83.803(1) requires only that a tenant provide an updated street or post office box address via hand delivery, first-class mail, or email; it does not require identification of specific storage unit numbers. The trial cour
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M.D. Fla.·
2025-10-24
The court held that the Telephone Consumer Protection Act's prohibition on 'telephone calls' does not include text messages, and the plaintiff failed to adequately plead personal liability for the CEO.
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423 So. 3d 32·
Fla. 4th DCA·
2025-10-15
Section 768.79 applies only to civil actions for damages and does not authorize attorney's fees in cases where equitable relief is also sought, even if the offer of judgment is directed solely at the monetary damages claim. The plain language of section 768.79, which refers to 'a