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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Fla. 2d DCA·
2023-12-29
The appellate court quashed a trial court's order that had sustained a doctor's objections to discovery requests in a defamation and business interference lawsuit. The court found that the discovery sought was not protected by statutory privileges related to hospital peer review
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Fla. 2d DCA·
2023-12-29
The appellate court quashed a trial court's order that had sustained a doctor's objections to discovery requests in a lawsuit for intentional interference and defamation. The court found that the discovery sought was not protected by statutory privilege, as the lawsuit did not ar
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Fla. 2d DCA·
2023-12-29
The appellate court quashed a trial court's discovery orders, finding that the requested information was not protected by statutory privilege. The court held that the statutes protecting hospital peer review and credentialing processes do not apply to a defamation and business in
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Fla. 2d DCA·
2023-12-29
Statutes protecting hospital credentialing, peer review, and medical review proceedings from discovery apply only to civil actions arising from matters that are the subject of evaluation and review by those bodies—namely, applications for staff membership or clinical privileges—a
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THC derived from cannabis plant flowers or stems does not constitute a synthetic cannabinoid under Florida Statutes §893.03(1)(c)190, and where the State cannot establish that THC was artificially produced, a trafficking in synthetic cannabinoids charge must be dismissed.
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S.D. Fla.·
2023-10-09
The court held that the Amendatory Endorsement unambiguously applies to the plaintiff's claim, limiting recovery to $5,000 per building, regardless of the origin of the water damage.
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A guarantor's obligations survive an assignment of the underlying lease when the guaranty agreement provides that modifications to the lease shall not release the guarantor from liability. Summary judgment was properly granted on the breach of contract claim because the tenant fa
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The appellate court reversed an order compelling arbitration, finding that the claims brought by the Limited Partners did not fall within the narrow scope of the arbitration clause in the Partnership Agreement. The clause only applied to disputes concerning the meaning or interpr
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Fla. 2d DCA·
2023-08-18
The State appealed an order suppressing evidence found in a motel room. The trial court suppressed the evidence, finding officers violated Florida's knock-and-announce statute. The appellate court reversed, holding the statute does not apply when officers enter a room with an ope
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Fla. 6th DCA·
2023-06-09
This case concerns whether a master homeowners association (Stone Crest) could assess a sub-association (Grovehurst) for landscape maintenance performed on common areas owned by other sub-associations. The court held that the master declaration granted Stone Crest broad assessmen
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Fla. 4th DCA·
2023-05-03
The State appealed a juvenile court's disposition, arguing that a mandatory fifteen-day detention period was not imposed for carrying a concealed firearm. The appellate court reversed the lower court's decision, holding that the offense of carrying a concealed firearm inherently
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Fla. 4th DCA·
2023-05-03
A charging document alleging the offense of carrying a concealed firearm sufficiently alleges possession of a firearm to trigger the fifteen-day mandatory minimum secure detention requirement under section 790.22(9)(a), Florida Statutes. The statute does not require the charging
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The appellate court affirmed the trial court's decision that the 2014 ordinance applied and was constitutional, but reversed and remanded the case because the city did not follow the plain language of the ordinance when calculating back-billed water usage. The court clarified tha
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S.D. Fla.·
2023-04-03
The court held that pre-suit expenses are not covered 'Defense Expenses' and that the insurer's duty to defend continued after the filing of the second amended complaint.
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Summary judgment is appropriate when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law under Florida Rule of Civil Procedure 1.510(a).
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Fla. 3d DCA·
2023-02-22
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Fla. 2d DCA·
2022-12-02
The appellate court reversed the Department of Children and Families' denial of a child care license renewal. The court found the Department erred in concluding the owner lacked "good moral character" based solely on a verified abuse report, as the relevant statute requires an as
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S.D. Fla.·
2022-08-31
The court held that the interest rate for Title III damages is the weekly average 1-year constant maturity Treasury yield from the date of confiscation to the date the action was brought, interest is simple, and the trebling provision applies to the certified claim plus interest.
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The sexual predator designation was affirmed because the defendant forfeited the issue by failing to raise the specific statutory argument—that conspiracy does not constitute the substantive offense of sexual battery—at the trial court level. Although the statutory interpretation
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The appellate court reversed a lower court's dismissal of a provider's PIP benefits action, holding that the provider was not required to attach a copy of the insured's assignment of benefits to its initial complaint. The court found that while an assignment is necessary for stan
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Del. Ch.·
2022-08-01
The court granted the plaintiffs' motion for a preliminary injunction, requiring the defendants to continue providing services under the Transition Services Agreement (TSA). This relief was conditioned upon the plaintiffs posting a $2.8 million monthly surety bond. The court foun
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Fla. 3d DCA·
2022-07-27
Contingency fee agreements for legal representation to recover post-judgment child support arrearages are enforceable under Florida Rule of Professional Conduct 4-1.5(f)(3)(A) because the rule prohibits contingency fees only when contingent on the amount of support being secured,
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Fla. 3d DCA·
2022-07-20
Section 180.191, Florida Statutes waives sovereign immunity for municipalities in utility surcharge disputes, permitting claims for refunds of illegally exacted fees. Miami Gardens stated a valid cause of action under section 180.191 by alleging that NMB was not operating the Nor
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The court denied the defendant's motion to dismiss, finding that the plaintiff adequately stated claims for breach of contract and breach of fiduciary duty, and that the defendant had not waived personal jurisdiction.
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Fla. 4th DCA·
2022-06-29
This case concerns whether a "water damage aggregate limitation" endorsement in a homeowner's insurance policy capped the coverage for "tear out" expenses incurred to repair a water pipe leak. The court held that the endorsement applied to all losses arising out of water damage,
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Fla. 4th DCA·
2022-06-29
A homeowner appeals summary judgment in favor of his insurer that a water damage aggregate limitation endorsement capped his coverage at $5,000, including tear-out expenses. The insured argued the limitation did not extend to tear-out costs incurred to repair the system from whic
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S.D. Fla.·
2022-06-22
The court held that the plain language of the Helms-Burton Act dictates that a plaintiff is entitled to the greater of the certified claim amount or the fair market value, and a defendant cannot use the rebuttable presumption to argue for a lower damages amount.
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Fla. 3d DCA·
2022-06-15
Florida Statute § 316.605(1) unambiguously requires that license plates and their markings be clear, distinct, and legible from 100 feet, and when statutory language is clear, courts need not employ principles of statutory construction.
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The appellate court affirmed a delinquency adjudication, holding that a statute requiring a judge to discuss a child's feelings about an offense before disposition does not apply to post-probation violation hearings. The court also found that even if it did apply, the failure to
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Fla. 4th DCA·
2022-05-18
The appellate court affirmed a defendant's convictions for violating pretrial release conditions by contacting a victim while still in jail, holding that such violations can occur before release. However, it reversed the imposition of a mental health evaluation as a special condi
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348 So. 3d 1177·
Fla. 5th DCA·
2022-04-28
The Guardian Ad Litem Program challenged an order transferring custody of a three-year-old child to grandparents selected by the natural parents in a termination of parental rights proceeding. The Fifth District Court of Appeal held that the trial court departed from the essentia
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Fla. 2d DCA·
2022-04-20
The appellate court reversed a conviction for dealing in stolen property, finding that the trial court improperly instructed the jury on two statutory inferences. The court held that the State failed to establish the fair market value of the property and that the defendant was no
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The appellate court reversed a probate court order that allowed a judgment creditor to execute on an estate asset, overriding statutory claims priority. The court held that the judgment lien did not qualify for an exception to the priority statute, despite equitable consideration
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The appellate court reversed a lower court's order granting remission of bail bond forfeitures. The court found that the surety breached the bond by failing to pay the forfeitures within the statutory timeframe, which divested the lower court of authority to grant remission.
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Fla. 4th DCA·
2022-04-13
Philip Morris appeals a trial court judgment awarding Gore $2,515,086.53 in attorney's fees and costs in an Engle progeny wrongful death action pursuant to a Proposal for Settlement. The central dispute concerns whether Philip Morris is entitled to a setoff against the attorney's
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The Delaware Court of Chancery held that an irrevocable proxy does not run with the shares unless the language of the proxy itself plainly indicates that it is intended to bind subsequent owners. The court found that the specific language of the irrevocable proxy at issue, when s
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People's Trust Insurance Company appealed a summary judgment in favor of Restoration Genie, an assignee of water mitigation services, over a disputed insurance claim. The court held that material issues of fact remained regarding whether the assignee provided proper notice to the
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Fla. 4th DCA·
2022-03-23
A restoration services company assigned homestead insurance benefits from homeowners to secure payment for water mitigation work. The insurer argued the assignment violated Florida's homestead constitutional protections and statutory conveyance requirements. The court reversed th
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Fla. 4th DCA·
2022-03-23
The appellate court reversed a trial court's dismissal of a breach of contract claim. The trial court had ruled that an assignment of post-loss insurance benefits for homestead property was invalid because it didn't comply with statutes governing real property transfers. The appe
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Fla. 4th DCA·
2022-03-16
The appellate court reversed a trial court's decision that an Islamic prenuptial agreement (Mahr) limited a wife's recovery in a divorce to the amount specified in the agreement. The court held that Florida law, which presumes equitable distribution, applies to the secular terms
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Fla. 4th DCA·
2022-02-16
The appellate court reversed a lower court's decision, finding that an insurance policy's broad water damage exclusion endorsement negated coverage for a claim arising from a burst pipe, despite a provision that initially appeared to cover such losses. The court emphasized that e
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Fla. 4th DCA·
2022-02-09
This case concerns the interpretation of a lease's purchase option, specifically how to calculate the "fair market value" of the property. The appellate court affirmed the trial court's decision that the property should be valued as encumbered by the lease, finding the lease lang
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Fla. 4th DCA·
2022-02-09
The trial court erred in ordering amendment of the Foundation's certificate of incorporation to conform to bylaws that were inconsistent with the certificate, as such bylaws amendments violated Not-For-Profit Corporation Law § 602(f) and required court approval under N-PCL § 804(
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Fla. 3d DCA·
2022-02-02
An insurance policy must be interpreted according to its plain language unless a genuine inconsistency, uncertainty, or ambiguity remains after applying ordinary construction rules.
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M.D. Fla.·
2022-01-25
The court held that the insurance policy's virus exclusion unambiguously applied to losses caused by COVID-19, precluding coverage for business interruption and spoiled goods.
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A dispute arose between AECOM and its subcontractor PSI regarding whether PSI's contract incorporated an RFP requirement to perform pilot hole borings at every drilled shaft location for a Tampa expressway construction project. The court determined that PSI's contract incorporate
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The court held that a claim for Ordinance and Law coverage under an insurance policy is unripe until the property is actually repaired, and therefore, summary judgment on that claim is premature.
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Fla. 2d DCA·
2021-10-13
The appellate court reversed a lower court's decision that denied a surviving spouse's petition for an extension to elect an elective share. The court held that the spouse's timely petitions for extension tolled the deadline for making the election, aligning with Florida's public