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
-
The Florida Fifth District Court of Appeal reversed a trial court's dismissal of the Department of Children and Families' petition for a child abuse injunction, holding that section 39.504(3) permits courts to consider hearsay evidence at injunction hearings—including a child's s
-
Fla. 4th DCA·
2021-09-15
This case addresses whether a circuit court properly denied an adoption entity's motion to intervene in a termination of parental rights proceeding when only the father, but not the mother, executed a consent for adoption. The court holds that under Florida Statute § 63.082(6), t
-
A marital settlement agreement that specifically references a 401(k) plan and provides that each party shall receive the proceeds from their own plan while waiving any claims or interest in the other's plan constitutes a clear and unambiguous waiver of the named beneficiary's ent
-
Fla. 5th DCA·
2021-08-20
An acting state attorney appointed under Florida law has all the powers of a state attorney and may authorize wiretap applications under section 934.07, Florida Statutes, because the statute uses the plain language "any state attorney" without limiting it to elected state attorne
-
Fla. 3d DCA·
2021-08-18
Miami-Dade County Ordinance 30-479 imposes liability on any person who improperly causes a vehicle to be immobilized, including property owners, not merely on companies providing immobilization services. The plain language of the ordinance is unambiguous and must be given its pla
-
Fla. 2d DCA·
2021-08-18
This case concerns whether a city is entitled to attorney's fees after prevailing in a property rights lawsuit. The appellate court found that the city's response, which proposed no changes to its prior action, constituted a "bona fide settlement offer" under the statute, reversi
-
Fla. 4th DCA·
2021-08-18
A prevailing party is entitled to costs as a matter of right under Florida Rule of Civil Procedure 1.420(d) when an action is dismissed for failure to prosecute, and the trial court errs in denying such a costs motion.
-
M.D. Fla.·
2021-08-05
A claimant who is not the owner of a vessel cannot obtain an injunction under the Limitation of Liability Act to stay state court proceedings against them.
-
Fla. 2d DCA·
2021-06-11
The appellate court affirmed a lower court's summary judgment for Sarasota County, finding that while the county may not have strictly complied with notice publication deadlines for vacating a road, the appellant failed to allege prejudice. The court emphasized that substantial c
-
45 Fla. L. Weekly Fed. D 2361·
Fla.·
2021-06-03
When a trial court imposes the statutory minimum public defender fee of $100 under section 938.29(1)(a) following a felony conviction, the court need not announce the fee or notify the defendant of a right to contest it. Notice and a hearing are required only when the court impos
-
Fla. 4th DCA·
2021-05-19
An insurer cannot reduce PIP reimbursement for chiropractic services by the two percent fee reduction found in CMS payment files, as that reduction was authorized only for Medicare claims and the plain language of § 627.736(5)(a)1 requires use of the Medicare Physician Fee Schedu
-
The appellate court affirmed the Public Employees Relations Commission's (PERC) decision, holding that Joshua Koop was not entitled to veterans' preference for a promotion because he had already received one promotion after returning from military service. This ruling clarifies t
-
The court held that the plaintiff failed to allege facts sufficient to establish direct physical loss or damage to its property, which is required to trigger coverage under the insurance policy for COVID-19 related claims.
-
Fla. 2d DCA·
2021-04-14
The appellate court affirmed the trial court's dismissal of a lawsuit seeking to enjoin a beach restoration project. The court held that the environmental protection act did not allow for an action when the entity was operating under a valid permit, even if other permits might be
-
Fla. 4th DCA·
2021-04-14
Section 316.193(5) mandates that all offenders convicted under section 316.193 be placed on probation, requiring the trial court to impose a combined sentence of prison and probation not exceeding fifteen years. The written judgment must cite only section 316.193(3) because DUI m
-
Fla. 2d DCA·
2021-04-07
The appellate court affirmed a lower court's summary judgment, ruling that Dean Wish, LLC, could not pursue a claim under Florida's Bert J. Harris, Jr., Private Property Rights Protection Act because it no longer held legal title to the property at the time of the ruling. The cou
-
Fla. 4th DCA·
2021-03-24
Local ordinances that regulate weapons defined to include guns violate state field preemption under section 790.33, Florida Statutes, because "gun" and "firearm" are synonymous terms, and a "provided that" clause attempting to exempt state-preempted conduct does not salvage ordin
-
Fla. 4th DCA·
2021-02-10
An insurer has no statutory duty to notify a first-named insured when another named insured cancels the policy, as sections 627.728 and 627.7281 apply only to insurer-initiated cancellations. Under the policy's plain language, either named insured could cancel the entire policy,
-
Fla. 2d DCA·
2021-02-03
The appellate court reversed a trial court's dismissal of a lawsuit between neighbors, finding that the statutory requirement for presuit mediation does not apply to disputes between individual parcel owners. This decision clarifies the scope of mandatory mediation in homeowners'
-
M.D. Fla.·
2021-02-02
An insurance company regulated by the Department of Financial Services is statutorily exempt from liability under the Florida Deceptive and Unfair Trade Practices Act, regardless of the specific activity at issue.
-
S.D. Fla.·
2021-01-25
The court held that the Letter Agreement unambiguously transferred all of Caracol's ownership interest in the Series to Telemundo, thus denying Caracol's claims.
-
The Charter School Appeal Commission is not limited to information contained within the record on appeal and may gather other applicable information and request clarifying information when reviewing a school board's denial of a charter school application.
-
Fla. 5th DCA·
2021-01-08
A motion for attorneys' fees under section 57.105, Florida Statutes, must be served no later than 30 days after filing of the judgment concluding the action, and this time requirement is a bright-line rule that admits no exceptions.
-
Fla. 5th DCA·
2020-12-31
The court reversed a summary judgment for the beneficiaries of a life insurance policy, holding that the policy's death benefit was effectively reduced by the insured before his death. The decision clarifies how policy adjustments are made based on the contract's plain language.
-
Fla. 5th DCA·
2020-12-17
Baldwin appeals a summary judgment dismissing her claims against Harris's estate for breach of a prenuptial agreement. The court reversed as to the breach of contract claims, holding that Harris's obligation to provide Baldwin with monthly payments upon death was not satisfied by
-
M.D. Fla.·
2020-12-17
The court held that a business interruption claim under an all-risk insurance policy requires a direct physical loss or damage to property, which was not alleged by the plaintiff.
-
Fla. 1st DCA·
2020-12-14
This case concerns whether a first responder timely filed a workers' compensation claim for PTSD. The appellate court reversed the lower court's decision, finding the claim was filed too late based on the statutory deadline.
-
Fla. 4th DCA·
2020-12-09
The Florida Fourth District Court of Appeal held that a motion for a deficiency judgment filed within an existing mortgage foreclosure action constitutes an "action to enforce a claim of a deficiency" subject to the one-year statute of limitations under Florida Statutes section 9
-
The court held that to establish a statutorily protected activity under Florida's Whistleblower Act, a plaintiff must demonstrate that the conduct objected to was an actual violation of a law, rule, or regulation, not merely a good faith belief of a violation.
-
S.D. Fla.·
2020-10-15
The court held that the 120-day waiting period under 5 U.S.C. § 7702(e)(1)(B) is a strict claims-processing rule, not a jurisdictional prerequisite, and a regulation cannot toll this period. Therefore, the plaintiff's civil action was timely filed.
-
-
The Fourth District Court of Appeal affirmed the dismissal of a son's challenge to amendments made to his father's revocable trust while the father was still alive. The court held that under Florida Statute section 736.0207, contingent remaindermen lack standing to contest a revo
-
The appellate court affirmed the trial court's decision to revoke probation and impose a prison sentence. The court held that even if the 2019 amendments to the probation statute applied, the probationer had to meet all four conditions listed in the statute to receive its benefit
-
Fla. 3d DCA·
2020-07-22
The City of Florida City appealed two summary judgments. The first denied coverage under its risk management program for a claim predating its membership. The second denied the City standing to sue its reinsurer. The appellate court affirmed both judgments.
-
Fla. 1st DCA·
2020-06-22
The appellate court affirmed a lower court's decision denying a defendant's petition to remove his sexual offender registration requirement. The court found that the defendant's offenses were not among those listed in the statute that allows for such removal.
-
A fire service fee imposed by a municipality is an unconstitutional tax, not a valid user fee, when it fails the three-prong user fee test: (1) it is not charged in exchange for a particular governmental service but rather funds general sovereign functions typically supported by
-
Fla. 4th DCA·
2020-06-03
Once a defendant is judicially adjudicated incompetent to proceed, he is presumed to remain incompetent until a court adjudicates him competent, and this presumption continues even during periods when the defendant is not under supervised treatment. The State bears the burden of
-
Fla. 1st DCA·
2020-05-19
The trial court properly denied Odom's motion to repress additional portions of the grand jury report, as those portions were supported by factual findings and within the scope of the grand jury's investigation. The court reversed the trial court's repression of five portions of
-
Fla. 2d DCA·
2020-04-15
The State appealed a trial court's dismissal of charges against Ray La Vel James for failing to register as a sexual offender. The appellate court affirmed the dismissal, holding that James did not qualify as a "sexual offender" because his full sanction, including a $10,000 fine
-
Fla. 2d DCA·
2020-03-20
Under Florida Statutes section 45.032, the owner of record on the date of filing the lis pendens is entitled to surplus foreclosure proceeds, and this statutory procedure applies to agreements for deed without exception. The heirs' equitable right of redemption does not override
-
S.D. Fla.·
2020-03-19
The court held that the maritime insurance policy provided stranding cover, not full cover, for goods loaded on deck in open-top containers due to an explicit exclusion in the policy's German General Rules of Marine Insurance.
-
Fla. 2d DCA·
2020-03-06
Section 733.1061(2) does not limit sources of attorney's fee payment to a party's interest in the estate or other property; a probate court has discretion to award fees from the estate corpus. The probate court did not abuse its discretion in awarding fees from the corpus under t
-
The appellate court reversed an administrative law judge's order that capped attorney's fees at $50,000 for multiple consolidated rule challenge petitions. The court held that the statutory cap applies per petition, not in aggregate, preserving each petitioner's substantive right
-
Fla. 1st DCA·
2020-02-18
The appellate court reversed a trial court's denial of a defendant's motion for certification of taxable costs. The court held that the trial court erred in interpreting "discharged" under section 939.06, Florida Statutes, and granted the defendant's request for costs.
-
290 So. 3d 980·
Fla. 5th DCA·
2019-12-20
This case concerns the interpretation of Florida's personal injury protection (PIP) statute regarding medical provider reimbursement. The appellate court granted Geico's petition for certiorari, quashing a lower court decision that had affirmed a summary judgment against Geico. T
-
This case concerns whether an auto insurer must pay 100% of a medical provider's billed amount if that amount is less than the statutory fee schedule, even if the insurer is only obligated to pay 80% of the schedule. The appellate court granted certiorari, quashing the lower cour
-
The 5-year limitation on permanent total disability benefits for employees age 70 and older is a calendar period ending five years from the date of PTD determination, not a cumulative bank of five years' worth of benefits.
-
Victor Tison appeals the denial of his motion for attorney's fees and costs after prevailing against a condominium association's lawsuit for unpaid assessments. The trial court denied the fee award because Tison had sold his condominium unit during the pendency of the litigation.
-
The Court of Chancery denied BML's motions to dismiss for lack of subject matter jurisdiction and failure to state a claim, and denied Plaintiffs' motion for partial summary judgment. The court found it had subject matter jurisdiction because the plaintiffs sought equitable relie
-
This case concerns whether a pari-mutuel facility that qualified for a slot machine license based on conducting thoroughbred racing can maintain that license by switching to jai alai performances. The court affirmed the Division's declaratory statement, holding that the facility'