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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M.D. Fla.·
2019-09-05
The court held that the plain language of the disability insurance policy and its riders unambiguously limits benefit increases under the COLA Rider to the anniversary on or after the insured's 65th birthday.
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Fla. 4th DCA·
2019-08-14
A wife challenged the trial court's striking of her election to take an elective share following her husband's death. The husband had executed a prenuptial agreement waiving his wife's elective share rights, but later created a trust agreement directing that property be set aside
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Three consolidated petitions for writ of certiorari challenging Orange County's dangerous dog classification procedures. The court held that Orange County violated state law and county code by requiring dogs to first face hearings before the Division Manager and then appellate re
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276 So. 3d 352·
Fla. 2d DCA·
2019-05-24
This case addresses whether a school board and its insurer are liable for reimbursement of personal injury protection (PIP) benefits paid by another insurer to passengers injured on a school bus. The court held that sovereign immunity does not bar the claim and that the school bo
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State Farm sought reimbursement of personal injury protection (PIP) benefits paid to two injured passengers on a school bus from the Lee County School Board and its insurer, Safety National. The trial court granted summary judgment in favor of State Farm, and both appellants chal
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273 So. 3d 214·
Fla. 5th DCA·
2019-05-10
A claim for negligent inspection of a completed structure is not barred by the ten-year statute of repose in section 95.11(3)(c), Florida Statutes, because the claim is not founded on the design, planning, or construction of an improvement to real property. The statute's plain la
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Del. Super. Ct.·
2019-04-30
The Delaware Supreme Court held that the State must prove beyond a reasonable doubt that a defendant impersonated a "person" as defined by the Criminal Code, meaning a human being who has been born and is alive, to secure a conviction for criminal impersonation. The Court found t
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Fla. 1st DCA·
2019-04-26
The existing and proposed Rule 59G-6.030 are invalid exercises of delegated legislative authority because they fail to adopt the methodologies required by statute and the General Appropriations Acts. The Agency was statutorily required to set forth in its rules the specific metho
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Fla. 2d DCA·
2019-04-24
The lowest permissible sentence (LPS) as defined in section 921.0024(2), Florida Statutes, is an individual minimum sentence applicable to each felony at sentencing for which it exceeds that felony's individual statutory maximum, rather than a collective minimum sentence. When th
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The court held that AdvisorEngine was entitled to summary judgment on Silver's claim for license fees related to Junxure software, finding that the software was not included in the contract's definition of "Vanare Platform Services." The court also granted summary judgment to Sil
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Gulf Coast Medical Center challenged the Agency for Health Care Administration's final order requiring reimbursement of $46,901.85 in allegedly overpaid Medicaid funds for emergency in-patient services rendered to undocumented aliens. The court reversed the Agency's order, findin
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A party is not entitled to pursue a separate independent action for a deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment.
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The appellate court affirmed the denial of attorney's fees for the Association but reversed the denial of taxable costs, remanding for determination of those costs. The court clarified that the opposing party was not a "unit owner" or "invitee" under the relevant statute for atto
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Three sisters who are current distributees of an irrevocable trust challenged whether charities named as remainder beneficiaries qualify as "qualified beneficiaries" under the Florida Trust Code. The appellate court reversed the trial court's summary judgment, holding that the ch
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261 So. 3d 600·
Fla. 4th DCA·
2019-01-09
Motor vehicle dealers challenged Maserati's implementation of a new incentive program (2017 program) that replaced previous program payments, arguing it constituted a franchise modification requiring 90-day notice and a fairness hearing under Florida Statute 320.641. The court re
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The court reversed a Judge of Compensation Claims' (JCC) decision denying an Employer/Carrier's petition to modify previously-awarded attendant care benefits. The JCC found evidence of deceit in the reporting of attendant care hours but refused to compel an Independent Medical Ex
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Fla. 3d DCA·
2018-12-12
A personal guaranty on a real estate development loan requires a written release to discharge the guarantor's obligations, even after the borrower satisfies a pre-sales requirement. Because the bank never issued a written release, the guarantor remained liable.
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260 So. 3d 1123·
Fla. 5th DCA·
2018-12-07
An insurance policy exclusion denying UM coverage for injuries sustained while occupying an owned vehicle not covered under the policy is ambiguous when the policy's own definitions of "auto" and "owned" could reasonably be construed to exclude motorcycles from the exclusion's ap
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The 30-day requirement in Florida Statute § 322.2615(6)(a) for scheduling a formal review hearing applies only when a person requests a formal review; absent a request after remand, the Department has no statutory duty to schedule a hearing within 30 days and the suspension need
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Prosecution/investigative costs under section 938.27(1), Florida Statutes, may not be imposed without an affirmative request on the record, and such costs must be struck on remand.
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Fla. 5th DCA·
2018-10-15
Section 1367(d) tolls the statute of limitations for state law claims dismissed in federal court, regardless of whether the federal claims were frivolous or lacked subject matter jurisdiction, provided the state claims were asserted under supplemental jurisdiction and refiled wit
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104 La. 603·
M.D. Fla.·
2018-09-28
An insurer has no duty to defend under a commercial general liability policy for a data breach caused by third parties, as the policy's 'personal injury' provision requires the insured to be the 'publisher' of the offending material.
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252 So. 3d 1290·
Fla. 1st DCA·
2018-09-25
The appellate court addressed whether a library qualifies as a 'place of public accommodation' under Florida's Civil Rights Act. The appellant argued that libraries should be included under the statute's definition, particularly as 'places of entertainment.' The court rejected th
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A defendant in default may assert the defense that plaintiff's complaint fails to state a cause of action. Florida Statute Section 95.18 requires seven years of actual, continuous adverse possession without color of title, which may be tacked with predecessors' possession but can
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Fla.·
2018-07-05
Federal Medicaid law prohibits AHCA from placing a lien on the future medical expenses portion of a Medicaid recipient's tort recovery; the lien is limited to the past medical expenses portion only.
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246 So. 3d 424·
Fla. 4th DCA·
2018-05-09
The plain language of § 837.055(2) requires only two elements: knowingly and willfully giving false information to law enforcement during a missing child investigation, and the child suffering great bodily harm, permanent disability, permanent disfigurement, or death, with no cau
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Dr. Graham challenges a trial court order appointing a custodian to manage a jointly-owned business while dissolution proceedings were statutorily stayed. Dr. Graham elected to purchase Dr. Uphold's shares and requested a fair value determination, which triggered a mandatory stay
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249 So. 3d 672·
Fla. 2d DCA·
2018-04-06
When a party signs a promissory note with clear, unambiguous signature blocks indicating both a representative capacity and an individual capacity, parol evidence is inadmissible to contradict the terms, and the party is individually liable on the note.
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242 So. 3d 439·
Fla. 4th DCA·
2018-04-04
When a juvenile is transferred for criminal prosecution as an adult, all pending felony cases must be transferred to adult court for prosecution as an adult under § 985.557(3)(b), regardless of whether those cases are pending in the same judicial circuit as the original transfer
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Under Florida Statute § 775.0845, the hood or mask enhancement applies when an offender wears a device that conceals his or her identity, without requiring that the device cover the offender's face. Concealment of distinctive identifying features, such as the back of the head, sa
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233 So. 3d 1158·
Fla. 3d DCA·
2017-11-01
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Nixon Lazard appealed the trial court's denial of his motion to compel the Florida Department of Law Enforcement to issue a certificate of eligibility to seal his criminal history record. The appellate court reversed, holding that the FDLE erred by denying the certificate applica
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225 So. 3d 1012·
Fla. 1st DCA·
2017-09-13
Karma and Connie Thornton appealed a judgment denying insurance coverage under an AFLAC Specified Health Event policy. The court reversed, holding that the policy's express age limit of "under age 25" for dependent children prevails over the more restrictive age requirements in t
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S.D. Fla.·
2017-05-30
Summary judgment was granted for both the insurer and the boatyard, as the yacht's submersion was caused by pre-existing conditions and the owner's neglect, falling under policy exclusions and not attributable to the defendants' actions.
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Howmedica Osteonics Corporation sought certiorari review of a trial court order denying its request to redact identifying information from reports of foreign voluntary reporters of adverse events related to medical devices. The Florida Fourth District Court of Appeal held that fe
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The Estate of Enemencia de los Santos appeals an order awarding National Equity Recovery Services (NERS) $2,292.44 in statutory fees as a surplus trustee in a foreclosure proceeding. The court reversed and remanded for an evidentiary hearing to determine the appropriate amount of
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The court held that the defendant's motion to dismiss the charges of possession of a firearm by a person prohibited and possession of marijuana should be denied. The court found that the plain language of the statute prohibiting simultaneous possession of a firearm and a controll
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Baxter appeals his conviction for lewd or lascivious molestation of a thirteen-year-old and his thirty-year sentence as a dangerous sexual felony offender (DSFO). The court affirms, holding that Florida Statute section 794.0115(2) permits trial courts to sentence DSFOs to any man
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A workers' compensation case in which the court reversed the Judge of Compensation Claims' calculation of a claimant's average weekly wage (AWW), holding that the statutory method under Florida Statutes section 440.14(1)(a) applies because the claimant worked in one employment fo
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Progressive Insurance appealed a summary judgment requiring it to apply a PIP deductible to a hospital's full charges before applying a fee schedule reimbursement limitation, rather than applying the deductible after the limitation. The court affirmed, holding that Florida Statut
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Progressive Express Insurance Company sought certiorari review of a circuit court order regarding application of personal injury protection (PIP) deductibles to claims by Emergency Physicians of Central Florida. The Fifth District Court of Appeal granted the petition and quashed
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Dennis and Penny Damio appealed a final judgment awarding damages to Marine Hospitality Corporation and Viden Corporation arising from shareholder transaction disputes. The appellate court affirmed most of the trial court's rulings but reversed in part, finding the trial court er
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The Delaware Supreme Court affirmed the Superior Court's denial of the nonresident officer's motion to dismiss for lack of personal jurisdiction. The Court held that 10 Del. C. § 3114(b) provides a valid statutory basis for jurisdiction under the "necessary or proper party" provi
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The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a trial court's order staying a respondent's dismissal from a DUI supervision program and cancellation of his hardship license. The court denied the petition, holding that the statutory prohib
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183 So. 3d 1157·
Fla. 5th DCA·
2015-12-31
Q.Q.P., a juvenile adjudicated delinquent for resisting an officer without violence, appealed the imposition of $290.92 in investigative costs. The Florida Fifth District Court of Appeal held that section 985.032(2) authorizes assessment of investigative costs in juvenile delinqu
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181 So. 3d 1239·
Fla. 1st DCA·
2015-12-18
The trial court erred in awarding attorney's fees because the appellee failed to comply with the statutory condition precedent of serving notice on the Department of Financial Services.
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The court held that the plain language of the 10-20-Life statute mandates consecutive sentences even when offenses arise from a single criminal episode involving one victim.
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The court held that a bond automatically expires after 36 months under section 903.31(1), Florida Statutes, and a forfeiture declared after expiration is ineffectual.
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9th Cir. Ct. App. Div.·
2015-12-01
Auto Glass appealed a summary disposition order granting judgment to Vereen on a breach of contract claim for an unpaid windshield replacement. The court affirmed, holding that the statute of limitations began running when Auto Glass performed the work and Vereen's payment obliga