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

• Roman Fedo, Inc. v. Dep't of Hwy. Safety & Motor Vehicles
  889 So. 2d 179· Fla. 4th DCA· 2004-12-15 ·cited 4×
  Roman Fedo, Inc., a motor vehicle dealership, appeals an administrative order requiring its 50% shareholder Fedo to divest his stock after his felony drug conviction. The Fourth District affirmed, holding that Florida law prohibits convicted felons from maintaining any financial
• Dep't OF Transp. v. Jack's Quick Cash, Inc.
  748 So. 2d 1049· Fla. 5th DCA· 1999-11-19 ·cited 4×
  The Department of Transportation appealed a cost award in an eminent domain proceeding, challenging the trial court's award of expert witness fees incurred by the landowner in support of an unsuccessful business damage claim. The Fifth District Court of Appeal reversed, holding t
• Fla. Dep't of Health & Rehabilitative Servs. v. DOE
  643 So. 2d 1100· Fla. 1st DCA· 1994-08-22 ·cited 4×
  The Florida Department of Health and Rehabilitative Services sought review of a trial court order requiring it to consider private adoptive parents as prospective adoptive parents for a child in state custody. The court held that the trial court lacked jurisdiction to interfere w
• Metro-Dade Fire Rescue Serv. Dist. v. Metro. Dade Cnty.
  616 So. 2d 966· Fla.· 1993-04-08 ·cited 4×
  The Florida Supreme Court held that the Dade County Commission cannot legislatively restrict the governing powers of the Metro-Dade Fire and Rescue Service District Board when the voters have amended the County Charter to make the Fire Board the governing body. The 1986 Charter a
• Murphy OIL Corp. v. Hickel
  439 F.2d 417· 8th Cir.· 1971-03-08 ·cited 4×
  The dissenting judge would affirm the district court's decision, finding the regulation's literal language inapplicable to Murphy Oil.
• Infinity Auto Ins. Co. v. Miami Open MRI, LLC
  361 So. 3d 954· Fla. 3d DCA· 2023-06-07 ·cited 3×
  The appellate court reversed a summary judgment for a medical provider, finding that the insured's failure to appear for two examinations under oath, a condition precedent to receiving benefits, barred payment. The court held that the insurer did not need to prove prejudice from
• United Auto. Ins. Co. v. Lauderhill Med. Ctr., LLC
  350 So. 3d 754· Fla. 4th DCA· 2022-11-09 ·cited 3×
  This case concerns whether a medical provider should be reimbursed under the Medicare Part B fee schedule or the workers' compensation fee schedule for "vibe therapy" provided after a motor vehicle accident. The appellate court affirmed the trial court's decision, holding that Me
• Mattino v. City of Marathon
  345 So. 3d 939· Fla. 3d DCA· 2022-08-03 ·cited 3×
  Amendments to comprehensive plans in the Florida Keys Area must maintain a hurricane evacuation clearance time for all permanent residents of no more than 24 hours, and a two-phase evacuation plan that requires permanent residents to evacuate over a combined 48-hour period violat
• Knowlton v. Marja-Leena Knowlton
  282 So. 3d 154· Fla. 1st DCA· 2019-10-01 ·cited 3×
  A party challenging the burden of proof assigned to modification of support obligations must raise the issue in the trial court; failure to do so and acquiescence to the burden constitutes a waiver of the issue on appeal.
• Grant v. State
  266 So. 3d 203· Fla. 4th DCA· 2019-03-06 ·cited 3×
  The trial court committed fundamental error by instructing the jury that the forcible-felony exception to the justifiable use of force defense applies based on whether the person defended (the son) was committing a forcible felony, when the statute requires the exception to apply
• Williams v. State
  246 So. 3d 529· Fla. 2d DCA· 2018-05-11 ·cited 3×
  To prove witness tampering under § 914.22(1)(e), the State must prove the accused knowingly took action with intent to hinder, delay, or prevent communication to law enforcement relating to an offense, but is not required to prove the victim was attempting to contact law enforcem
• Whynes v. Wells Fargo Bank, N.A.
  240 So. 3d 867· Fla. 4th DCA· 2018-03-21 ·cited 3×
  Milton N. Whynes appealed the dismissal of his complaint alleging that American Security Insurance Company (ASIC) and Wells Fargo violated Florida Statutes section 626.9551(1)(d) by using his insurance information to solicit force-placed insurance. The court affirmed the dismissa
• 14269 BT, LLC v. Vill. OF Wellington
  240 So. 3d 1· Fla. 4th DCA· 2018-01-17 ·cited 3×
  Nonresidential farm buildings are exempt from municipal zoning regulations under section 604.50(1), Fla. Stat., including limitations on the number of barns that may be constructed. The exemption applies to all municipal codes following the legislature's 2011 amendment to expand
• Omega Ins. Co. v. Wallace
  224 So. 3d 864· Fla. 2d DCA· 2017-08-16 ·cited 3×
  Omega Insurance appeals a directed verdict awarding homeowners over $200,000 for sinkhole remediation. The court reversed, holding that the proper method of subsurface repair is a jury question that cannot be decided on a directed verdict when experts disagree on the appropriate
• City OF Boynton Beach v. Janots
  101 So. 3d 864· Fla. 4th DCA· 2012-10-10 ·cited 3×
  The court held that the City did not need to file a separate action to enforce its code enforcement liens and the trial court should have adjudicated the City's lien claims within the condemnation action.
• Nieves v. N. River Ins. Co.
  49 So. 3d 810· Fla. 4th DCA· 2010-11-24 ·cited 3×
  The court held that an excess insurer satisfies Florida Statutes § 627.727(2)'s requirement to "make available" uninsured motorist (UM) coverage by offering excess UM protection at no additional cost, conditioned on the insured purchasing underlying UM coverage in its primary pol
• Polite v. State
  933 So. 2d 587· Fla. 3d DCA· 2006-06-14 ·cited 3×
  The Florida Third District Court of Appeal held that knowledge of a victim's status as a police officer is not an element of the crime of resisting an officer with violence under Fla. Stat. § 843.01. The court reversed its prior conflicting opinions and certified a direct conflic
• Boggan v. State
  589 So. 2d 1036· Fla. 1st DCA· 1991-12-09 ·cited 3×
  Danny Boggan was sentenced as a habitual felony offender based on prior convictions that occurred on the same date. The court reversed the sentence and certified to the Florida Supreme Court whether the habitual felony offender statute requires that predicate felonies be committe
• La Galere Mkts., Inc. v. State of Fla. Dep't of Bus. & Prof'l Reg. Div. of Alcoholic Beverages & Tobacco
  289 So. 3d 553· Fla. 1st DCA· 2020-01-31 ·cited 2×
  The appellate court reversed a lower agency's decision that prohibited the sale of alcoholic beverages through automated dispensing machines (ADMs). The court found that the plain language of the cited statutes did not prohibit such sales, despite the agency's interpretation that
• McKenzie v. State
  272 So. 3d 808· Fla. 5th DCA· 2019-05-10 ·cited 2×
  A trial court lacks subject matter jurisdiction to designate a defendant as a sexual predator after the defendant has completed his sentence when the designation was not made at sentencing and the applicable statute does not provide authority for such belated designation.
• Gonzalez-Barrera v. Majorca Towers Condo
  272 So. 3d 424· Fla. 3d DCA· 2019-02-06 ·cited 2×
  Gonzalez-Barrera and Garcia appeal a permanent injunction issued against Garcia by Majorca Towers Condominium Association. The court affirmed the injunction prohibiting Garcia from residing in a separate unit from Gonzalez-Barrera without Association approval, but reversed the in
• Ring Power Corp. & United Self v. Murphy
  238 So. 3d 906· Fla. 1st DCA· 2018-02-23 ·cited 2×
  Andrew Murphy sought workers' compensation benefits in 2016, more than two years after his employer last provided benefits in 2013. The central dispute was whether Murphy's petition was timely under Florida's statute of limitations, turning on whether the presence of permanently
• Flynn v. State
  217 So. 3d 1055· Fla. 4th DCA· 2017-05-03 ·cited 2×
  Jeffrey Flynn appeals his conviction for kidnapping and concealment of a child contrary to a court order. The Fourth District affirms, rejecting the Second District's interpretation in Merkle v. State and holding that concealment of a child's location from a person entitled to cu
• Meritage Homes OF Fla., Inc. v. Lake Roberts Landing Homeowners
  190 So. 3d 651· Fla. 5th DCA· 2016-03-04 ·cited 2×
  Meritage Homes appeals a judgment in favor of a homeowners association, arguing that Florida law permits waiver of reserve accounts required by local code. The court affirms, holding that reserve waivers under Florida Statute 720.303(6)(f) must be approved by homeowners at a memb
• USAA Gen. Indem. Co. v. Emergency Physicians Central
  186 So. 3d 588· Fla. 5th DCA· 2016-02-19 ·cited 2×
• Francesca Cenatis v. State
  120 So. 3d 41· Fla. 4th DCA· 2013-07-24 ·cited 2×
  Francesca Cenatis appeals her conviction for using an antishoplifting device countermeasure, arguing that a shopping bag lined with aluminum foil does not fall within the statute's definition. The Fourth District affirmed, holding that the modified shopping bag constitutes a proh
• J.S. v. C.M.
  135 So. 3d 312· Fla. 1st DCA· 2012-10-10 ·cited 2×
  J.S. challenged an Administrative Law Judge's denial of attorney's fees in a proceeding challenging an unadopted agency rule. The Florida First District Court of Appeal reversed, holding that section 120.595(4)(a) does not limit attorney's fees recovery to the original petitioner
• Gomez Lawn Serv., Inc. v. THE Hartford
  98 So. 3d 212· Fla. 1st DCA· 2012-09-28 ·cited 2×
  In this workers' compensation appeal, the court reversed a Judge of Compensation Claims' decision that barred an employee's petition for benefits based on alleged untimely notice to the workers' compensation carrier. The court held that Florida law requires notice to the employer
• State v. Johnson
  79 So. 3d 146· Fla. 4th DCA· 2012-02-01 ·cited 2×
  Florida appeals a downward departure sentence imposed on Johnson for failing to properly register as a sex offender. Johnson received two years imprisonment instead of the 51-month guideline sentence, claiming his capacity to understand the criminal nature of his conduct was impa
• City OF Panama City & PGCS v. Bagshaw
  65 So. 3d 614· Fla. 1st DCA· 2011-07-22 ·cited 2×
  The court held that an employer/carrier (E/C) does not waive its right to contest the causal connection between a compensable injury and requested treatment simply by failing to respond within ten days to a request for authorization.
• Dorian Kimberly Mathews v. State
  58 So. 3d 929· Fla. 2d DCA· 2011-04-13 ·cited 2×
  The court held that if a defendant fully complies with a special condition for early probation termination, the trial court lacks jurisdiction to revoke probation thereafter.
• Off. OF Ins. Reg. & Fin. Servs. Comm'n v. Serv. Ins. Co.
  50 So. 3d 637· Fla. 1st DCA· 2010-11-10 ·cited 2×
  The Florida First District Court of Appeal reversed an administrative law judge's decision that invalidated an administrative rule, holding that the rule had expired when its enabling statute was repealed and therefore could not be challenged after the rule's existence ended.
• Brown v. Nationscredit Fin. Servs. Corp.
  32 So. 3d 661· Fla. 1st DCA· 2010-03-10 ·cited 2×
  Appellants filed a class action complaint against mortgage lenders alleging FDUTPA violations, unjust enrichment, and breach of implied duties regarding single premium credit insurance (SPCI) charged on mortgages obtained in 1994-1998. The trial court dismissed the complaint as t
• Lewis v. Leon Cnty.
  15 So. 3d 777· Fla. 1st DCA· 2009-07-17 ·cited 2×
  Florida counties challenged Section 19 of Chapter 2007-62, which required them to fund Regional Conflict Counsel offices, arguing it violated constitutional provisions making the state responsible for court-appointed counsel funding and requiring legislative findings of important
• United States v. Reynaldo Brito-Acosta
  963 F.2d 1284· 9th Cir.· 1992-05-07 ·cited 2×
  The court held that the four-level sentence enhancement under U.S.S.G. § 2L1.2(b)(1) applies when a defendant is deported after sustaining a felony conviction, regardless of whether the deportation was based on that felony conviction.
• Aguilar v. Cmty. Gen. Hosp.
  396 So. 2d 149· Fla.· 1981-03-12 ·cited 2×
  The Florida Supreme Court addressed whether a medical malpractice claim was barred by the statute of limitations when one defendant failed to timely answer in mediation proceedings. The court held that failure by one defendant to answer does not terminate the mediation panel's su
• Hamlin v. Shaughnessy Overland Express, Inc.
  403 So. 3d 458· Fla. 6th DCA· 2025-02-21 ·cited 1×
  A dismissal order entered under Florida Rule of Civil Procedure 1.420(e) for lack of prosecution may be vacated under Rule 1.540(b)(1) upon a showing of excusable neglect, as the plain language of neither rule precludes such relief. However, vacation of the dismissal does not aut
• Pryor v. State
  359 So. 3d 1216· Fla. 2d DCA· 2023-04-05 ·cited 1×
  The appellate court affirmed a conviction for possession of a firearm by a violent career criminal (VCC). The court found that while the defendant's juvenile escape conviction was not a qualifying offense for VCC status, the defendant failed to preserve this issue for appeal, and
• Mack v. Hyundai Motor Am.
  346 So. 3d 661· Fla. 2d DCA· 2022-07-29 ·cited 1×
  The appellate court reversed a summary judgment against Alexis Mack, finding that the lower court erred in concluding she failed to satisfy a condition precedent to filing suit under the Magnuson-Moss Warranty Act. The court held that rejecting a post-suit settlement offer does n
• People's Tr. Ins. Co. v. Restoration Genie, Inc.
  336 So. 3d 332· Fla. 4th DCA· 2022-03-30 ·cited 1×
  The appellate court reversed a summary judgment for an assignee, finding that disputed issues of fact remained regarding whether the insured provided proper notice of a water loss. The court rejected the assignee's argument that a service agreement between the insurer and its pre
• Orquidea Castellanos v. Reverse Mortg. Funding LLC
  320 So. 3d 904· Fla. 3d DCA· 2021-05-12 ·cited 1×
  Section 57.105(7), Florida Statutes, applies to make a unilateral attorney's fee provision in a mortgage reciprocal to a prevailing borrower, regardless of whether the underlying loan is nonrecourse and the borrower could not have been personally liable for the lender's attorney'
• Furst v. ROD Rebholz
  302 So. 3d 423· Fla. 2d DCA· 2020-06-19 ·cited 1×
  The court affirmed a lower court's decision to reinstate a homeowner's full homestead tax exemption, finding that Florida law does not authorize the division of a permanent residence for tax purposes based on renting out portions of the home. However, the court reversed the porti
• Williams v. State
  279 So. 3d 839· Fla. 1st DCA· 2019-09-25 ·cited 1×
  The witness-tampering statute's offense level is determined by the crime charged and investigated, not by the ultimate conviction; therefore, tampering during investigation of a first-degree felony punishable by life constitutes a life felony even if the defendant is convicted on
• Fla. Dep't of Health v. Redner
  273 So. 3d 170· Fla. 1st DCA· 2019-04-03 ·cited 1×
  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.
• M.G. v. State
  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
• Simon's Trucking, Inc. v. Lieupo
  244 So. 3d 370· Fla. 1st DCA· 2018-04-18 ·cited 1×
  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.
• Gretna Racing, LLC v. Fla. Dep't OF Bus. & Prof'l Reg.
  225 So. 3d 759· Fla.· 2017-05-18 ·cited 1×
  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
• Joshwa Brian Payne v. Dep't OF Revenue o/b/o Anna G. Gutierrez
  191 So. 3d 550· Fla. 5th DCA· 2016-05-20 ·cited 1×
  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
• R.J. Reynolds Tobacco Co. v. Janice L. Sikes for the Estate of Jimmie Wayne Sikes
  191 So. 3d 491· Fla. 1st DCA· 2016-04-12 ·cited 1×
  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
• Perry v. State
  968 So. 2d 70· Fla. 4th DCA· 2007-11-07 ·cited 1×
  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