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

• Lawson v. State
  845 So. 2d 986· Fla. 1st DCA· 2003-05-23 ·cited 10×
• Juan Castillo-Plaza, M.D. v. Green
  655 So. 2d 197· Fla. 3d DCA· 1995-05-24 ·cited 10×
  The physician-patient confidentiality privilege established by section 455.241(2) does not apply to medical malpractice cases; therefore, defense counsel in such cases may communicate ex parte with non-defendant treating physicians on subjects beyond medical records and the patie
• Synovus Fin. Corp. v. Bd. OF Governors OF THE Fed. Reserve Sys.
  952 F.2d 426· D.C. Cir.· 1991-12-20 ·cited 10×
  The Federal Reserve Board lacks authority under the Douglas Amendment to regulate the interstate relocation of a subsidiary bank, as the amendment specifically addresses 'acquisitions' and not 'relocations'.
• Kogan v. Israel
  211 So. 3d 101· Fla. 4th DCA· 2017-01-25 ·cited 9×
  Jeffrey Kogan, a Broward Sheriff's Office homicide detective, sued under Florida's public Whistle-blower's Act after being demoted to road patrol following his participation in a Florida Department of Law Enforcement investigation into possible excessive force by a Fort Lauderdal
• Suffield v. State
  132 So. 3d 333· Fla. 4th DCA· 2014-01-22 ·cited 9×
  Thomas Suffield appealed a summary denial of his motion to correct an illegal sentence, claiming he was improperly sentenced as a Prison Releasee Reoffender (PRR) for burglary of a conveyance with assault or battery. The court agreed, holding that while burglary with assault qual
• Sec. First Ins. Co. v. Czelusniak
  305 So. 3d 717· Fla. 3d DCA· 2020-05-13 ·cited 8×
  The appellate court reversed a trial court's directed verdict for an insured homeowner. The court found that an anti-concurrent cause provision in the insurance policy excluded coverage for water damage, even if some of the water entered through a non-excluded point like a door,
• State v. Sampaio
  291 So. 3d 120· Fla. 4th DCA· 2020-02-19 ·cited 8×
  Section 817.52(3), which criminalizes failure to redeliver a hired vehicle, contains no notice requirement, and the notice prerequisite established in section 812.155(6) for a different offense does not apply to prosecutions under section 817.52(3).
• Kortum v. Sink
  54 So. 3d 1012· Fla. 1st DCA· 2010-12-29 ·cited 8×
  A public adjuster challenged Florida's statutory ban on public adjuster solicitation for 48 hours following an insurable loss, arguing it violates commercial free speech rights. The court held that the statute unambiguously prohibits all solicitation during the 48-hour period and
• Dep't OF Revenue v. Daystar Farms, Inc.
  803 So. 2d 892· Fla. 5th DCA· 2002-01-04 ·cited 8×
  The Department of Revenue appeals a circuit court order granting a sales tax refund to Daystar Farms, Inc. The court reversed the Department's denial, finding Daystar was equally liable on a debt secured by real property and thus qualified for a statutory exemption. The appellate
• Total Care Restoration, LLC v. Citizens Prop. Ins. Corp.
  357 So. 3d 1260· Fla. 3d DCA· 2023-03-15 ·cited 7×
  An assignment of benefits agreement that contains only a generic price list of available services without a specific, itemized estimate of services to be performed on the particular property fails to comply with Florida Statutes § 627.7152(2)(a)4 and is invalid and unenforceable
• THE Kidwell Grp., LLC v. United Prop. & Cas. Ins. Co.
  343 So. 3d 97· Fla. 4th DCA· 2022-06-15 ·cited 7×
  The appellate court affirmed the trial court's dismissal of a breach of contract claim. The court found that the assignment of benefits did not comply with Florida statutes requiring an itemized cost estimate at the time of execution.
• Dimitri v. Commercial Ctr. of Miami Master Assoc.
  253 So. 3d 715· Fla. 3d DCA· 2018-08-08 ·cited 7×
  A master association that manages common property in a development composed of sub-associations, each responsible for condominium property within their respective buildings, is not a condominium "association" under Florida Statutes section 718.103(2) as defined in 1982 and is the
• Krause v. Textron Fin. Corp.
  59 So. 3d 1085· Fla.· 2011-02-03 ·cited 7×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the federal supplemental jurisdiction statute's tolling provision (28 U.S.C. § 1367(d)) applies when state law claims are dismissed for lack of federal subject matter jurisdiction. The Court h
• Martinez v. Citizens Prop. Ins. Corp.
  982 So. 2d 57· Fla. 3d DCA· 2008-04-16 ·cited 7×
  A homeowner's insurance policy excluded coverage for injuries arising from motor vehicle use or maintenance. When a tenant was injured when a defective concrete driveway collapsed under a parked car, the court held that the injury did not arise out of vehicle use but rather out o
• The Cadle Co. v. G & G Assocs.
  737 So. 2d 1136· Fla. 4th DCA· 1999-06-16 ·cited 7×
  The Cadle Company appealed the trial court's dissolution of a continuing writ of garnishment against Peter Grieco's wages. The Fourth District reversed, holding that Grieco's affidavit claiming the statutory 'head of family' exemption was deficient because it was sworn before a n
• Singletary v. Bullard
  701 So. 2d 590· Fla. 5th DCA· 1997-10-17 ·cited 7×
  The Florida Court of Appeal reversed a trial court order directing the Department of Corrections to allow an inmate convicted of sexual abuse of a child to have visitation with his minor daughter, holding that the trial court lacked authority to impose such an order absent a prev
• Dep't of Hwy. Safety & Motor Vehicles v. Chakrin
  304 So. 3d 822· Fla. 2d DCA· 2020-10-14 ·cited 6×
  The appellate court reviewed a circuit court's decision to grant a writ of certiorari, which had quashed an administrative order denying a driver's license reinstatement. The appellate court found that the circuit court erred by failing to apply controlling precedent and the plai
• Corey v. Corey
  29 So. 3d 315· Fla. 3d DCA· 2009-12-30 ·cited 6×
  In this custody dissolution case, the Third District Court of Appeal reversed the trial court's award of primary residential custody to the mother, holding that Florida law does not impose a presumption against rotating custody as of the 1997 statutory enactment of section 61.121
• Fugate v. Fla. Elections Comm'n
  924 So. 2d 74· Fla. 1st DCA· 2006-02-23 ·cited 6×
  The Florida Elections Commission violated administrative law by applying the statutory definition of "willful" from Chapter 106 to alleged violations of Chapter 104, and by rejecting the Administrative Law Judge's factual finding that the appellant's campaign letter violated the
• Zlinkoff v. VON Aldenbruck
  765 So. 2d 840· Fla. 4th DCA· 2000-08-16 ·cited 6×
  Zlinkoff purchased a condominium at a foreclosure sale and was later sued by Von Aldenbruck, the holder of a mortgage on the property. The court reversed the judgment in favor of Von Aldenbruck, holding that the foreclosure action was barred by Florida's statutory five-year limit
• Showell Farms & Helmsman Mgmt. Servs. c/o Liberty Mut. Ins. Co. v. Dessie Carter
  633 So. 2d 477· Fla. 1st DCA· 1994-02-23 ·cited 6×
  Showell Farms and Helmsman Management Services appealed a workers' compensation award to Dessie Carter for benefits following traumatic amputation of both her thumbs in a workplace accident. The court affirmed the award of enhanced temporary total disability benefits, permanent t
• Schmidt v. State
  310 So. 3d 135· Fla. 1st DCA· 2020-12-30 ·cited 5×
  The appellate court affirmed a trial court's decision to revoke probation and sentence a defendant to jail. The defendant argued he should have been sentenced under a statute allowing modification or continuation of probation for low-risk technical violations, but the court found
• Cabezas v. Richard Corcoran as the Commissioner of Education
  293 So. 3d 602· Fla. 1st DCA· 2020-04-07 ·cited 5×
  The appellate court affirmed the Education Practices Commission's (EPC) order permanently revoking an educator's certificate. The educator argued he was denied due process by not receiving a formal hearing and that the EPC lacked authority because his conviction was on appeal, bu
• State v. Carrier
  240 So. 3d 852· Fla. 2d DCA· 2018-03-09 ·cited 5×
  The State appeals the trial court's dismissal of charges against Christopher and Wendy Carrier for forging and altering animal health certificates under Florida Statute § 585.145(3). The trial court found the statute unconstitutionally vague and violative of substantive due proce
• Straitiff v. State
  228 So. 3d 1173· Fla. 5th DCA· 2017-10-13 ·cited 5×
  A petitioner convicted of soliciting a minor via the internet and traveling to meet that minor seeks habeas corpus relief to vacate his solicitation conviction as a double jeopardy violation. The Florida Supreme Court's decision in State v. Shelley established that dual convictio
• Dep't OF Transp. v. United Cap. Funding Corp.
  219 So. 3d 126· Fla. 2d DCA· 2017-04-28 ·cited 5×
  The Florida Department of Transportation appealed a summary judgment requiring it to pay United Capital Funding Corp., the assignee of accounts receivable originally owed to vendor Arbor One, despite the DOT's continued payment to Arbor One after notice of assignment. The court h
• Wells Fargo Bank, N.A. v. Pruco Life Ins. Co.
  200 So. 3d 1202· Fla.· 2016-09-22 ·cited 5×
  The Florida Supreme Court addresses whether life insurance policies procured through stranger-originated life insurance (STOLI) schemes can be challenged as void for lack of insurable interest after the two-year contestability period expires. The Court holds that such policies be
• State v. Burt
  183 So. 3d 1117· Fla. 5th DCA· 2015-07-17 ·cited 5×
  The State appealed a trial court's downward departure sentence for a defendant convicted of DUI and careless operation causing serious bodily injury. The appellate court reversed, holding that the trial court's finding that the offenses were isolated incidents was factually unsup
• JAX Utils. Mgmt., Inc. v. Hancock Bank
  164 So. 3d 1266· Fla. 1st DCA· 2015-06-11 ·cited 5×
  Jax Utilities Management challenged a summary judgment in favor of Hancock Bank, arguing the trial court erred in applying a one-year statute of limitations to bar its equitable lien claim and in finding that Florida's Construction Lien Law precluded common law claims for equitab
• Rolison v. Rolison
  144 So. 3d 610· Fla. 1st DCA· 2014-08-01 ·cited 5×
  The court held that Florida's relocation statute does not apply when a parent moves with the children before a dissolution petition is filed.
• Wendt v. LA Costa Beach Resort Condo. Ass'n, Inc.
  64 So. 3d 1228· Fla.· 2011-06-09 ·cited 5×
  The Florida Supreme Court held that section 607.0850 authorizes corporate directors to seek indemnification from their corporation for expenses incurred in defending the corporation's own lawsuit against them, resolving a conflict between the Fourth and First District Courts of A
• B.O. v. State
  25 So. 3d 586· Fla. 4th DCA· 2009-11-25 ·cited 5×
  A juvenile was charged with grand theft of firearms but not alleged to have possessed or used a firearm during the theft. The trial court imposed a mandatory 15-day secure detention enhancement under Florida's firearm enhancement statute. The court reversed, holding that due proc
• White v. Purdue Pharma, Inc.
  369 F. Supp. 2d 1335· M.D. Fla.· 2005-01-26 ·cited 5×
  To establish a prima facie case under Florida's private sector Whistleblower Act (FWA), a plaintiff must prove that the activity they objected to or refused to participate in was an actual violation of a law, rule, or regulation, not merely that they reasonably believed it was.
• Bruner v. GC-GW, Inc.
  880 So. 2d 1244· Fla. 1st DCA· 2004-08-30 ·cited 5×
  The Florida First District Court of Appeal holds that section 440.205, Florida Statutes, provides a civil cause of action for wrongful discharge when an employer fires an employee for having filed a workers' compensation claim against a previous employer. This reverses the trial
• Citizens OF the State OF Fla. v. Wilson
  568 So. 2d 1267· Fla.· 1990-10-18 ·cited 5×
  The Florida Supreme Court upheld the Public Service Commission's denial of a petition to order United Telephone Company to refund 1988 tax savings to customers. The Court held that the PSC reasonably determined that a prior 1987 access charge reduction had already disposed of the
• United States v. Phelps
  895 F.2d 1281· 9th Cir.· 1990-02-13 ·cited 5×
  The panel's reversal of the defendant's conviction under 18 U.S.C. § 924(c)(1) was erroneous. The statute's plain language and legislative history demonstrate that the phrase "in relation to" is broad and encompasses the defendant's conduct, where a modified automatic weapon was
• Clerk v. Pasco Cnty.
  386 So. 3d 224· Fla. 2d DCA· 2024-01-17 ·cited 4×
  Pasco County is obligated to fund the multiagency criminal justice information system including replacements of hardware and software, as the statutory definition of 'existing multiagency criminal justice information systems' encompasses upgrades and maintenance of current equipm
• Retherford v. Kirkland
  363 So. 3d 132· Fla. 1st DCA· 2023-06-14 ·cited 4×
  The appellate court reversed a trial court's decision to quash service of process, finding that the defendant waived the defense of improper service by failing to raise it in his initial motion to dismiss. The court emphasized the plain language of the rule requiring consolidatio
• Thomas v. State
  286 So. 3d 884· Fla. 2d DCA· 2019-12-11 ·cited 4×
  The appellate court reversed a defendant's sentence because a mandatory minimum term of imprisonment was added to his written sentence without his presence, violating his due process rights. The court affirmed the conviction but remanded for resentencing.
• State Farm Mut. Auto. Ins. Co. v. Marielle Lyde
  267 So. 3d 453· Fla. 2d DCA· 2018-10-05 ·cited 4×
  The mother's insurance policy contained an unambiguous exclusion that precluded UM coverage for the daughter when she was injured while occupying her own vehicle rather than the mother's vehicle, and this exclusion complied with § 627.727(9). The provision titled 'If Other Uninsu
• Ganzemuller v. Omega Ins. Co.
  244 So. 3d 1189· Fla. 2d DCA· 2018-04-27 ·cited 4×
  Sections 627.702(7) and 627.7011(5)(e) of the Florida Statutes prohibit an insurer from requiring contribution from an insured only when the insurer repairs a total loss, not when repairing partial losses. Therefore, an insurer may require payment of a deductible when it elects t
• Durousseau v. State
  218 So. 3d 405· Fla.· 2017-01-31 ·cited 4×
  Paul Durousseau appealed the denial of his postconviction motion challenging his death sentence for first-degree murder. The Florida Supreme Court affirmed the denial of his ineffective assistance of counsel claims regarding voir dire but vacated his death sentence and remanded f
• Jones v. Miami Herald Media Co.
  198 So. 3d 1143· Fla. 1st DCA· 2016-08-29 ·cited 4×
  The Florida Department of Corrections appealed an order requiring it to identify, on a redaction-by-redaction basis, the statutory exemption for each redaction in public records. The appellate court reversed, holding that the Public Records Act requires only record-by-record iden
• Sch. Bd. OF LEE Cnty. & Johns E. Co., Inc. v. Leila Huben
  165 So. 3d 865· Fla. 1st DCA· 2015-06-22 ·cited 4×
  The court held that temporary total disability benefits for a psychiatric injury are strictly limited to six months after the date of maximum medical improvement for the physical injury, regardless of when the psychiatric condition becomes compensable.
• Morales v. Zenith Ins. Co.
  152 So. 3d 557· Fla.· 2014-12-04 ·cited 4×
  The Florida Supreme Court answered three certified questions regarding whether an employee's estate could recover a tort judgment against an employer's liability insurer. The Court held that while the estate has standing to sue the insurer, both the workers' compensation exclusio
• Caceres v. Sedano's Supermarkets & Johns E. Co., Inc.
  138 So. 3d 1224· Fla. 1st DCA· 2014-06-03 ·cited 4×
  A Florida workers' compensation claimant appealed a judge's order denying his injury claim based on a late report of injury. The appellate court reversed, holding that the trial judge misinterpreted the reporting statute by failing to consider the "date of injury" (last date of e
• Browning v. Poirier
  128 So. 3d 144· Fla. 5th DCA· 2013-11-08 ·cited 4×
  Howard Browning appealed a directed verdict dismissing his claims against Lynn Anne Poirier for breach of an oral lottery-sharing agreement and unjust enrichment. The Florida appellate court affirmed the directed verdict on the oral contract claim under the statute of frauds but
• Gabriele v. Sch. Bd. OF Manatee Cnty.
  114 So. 3d 477· Fla. 2d DCA· 2013-06-07 ·cited 4×
  Michelle Gabriele, a teacher employed under a professional service contract, appeals the School Board of Manatee County's final order suspending her for fifteen days without pay and returning her to annual contract status. The court holds that the School Board lacked statutory au
• Tambriz-Ramirez v. State
  112 So. 3d 767· Fla. 4th DCA· 2013-05-15 ·cited 4×
  Diego Tambriz-Ramirez appealed his convictions for burglary with battery, aggravated assault, and attempted sexual battery with a deadly weapon, challenging his sentences and the trial court's handling of expert witness testimony. The appellate court affirmed the convictions but
• Kelly v. State
  964 So. 2d 135· Fla.· 2007-06-28 ·cited 4×
  Kelly was convicted of trafficking in cocaine and conspiracy to traffic in cocaine. He claimed ineffective assistance of counsel because his attorney allegedly misadvised him that he faced a thirty-year mandatory minimum sentence (two consecutive fifteen-year terms), when case la