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833 F.2d 977·
Fed. Cir.·
1987-11-17
·cited 1×
The court held that the formula used by OPM to calculate federal firefighters' overtime pay under the FLSA was valid and in conformity with statutory requirements.
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Fla. 4th DCA·
2026-06-03
A subordinate lienholder in a foreclosure action is limited to liens shown on the face of the pleadings when claiming surplus funds, and therefore the City could recover only the $671.01 utilities lien identified in the original foreclosure complaint, not the $1,712,200 in code e
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Fla. 6th DCA·
2026-03-27
Section 57.105(1), Florida Statutes, authorizes awards of attorney's fees but not costs, and courts cannot add terms not present in the statute.
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Fla. 3d DCA·
2025-03-19
Under section 624.155(3)(a), Florida Statutes (2018), the insured must give actual written notice to the insurer 60 days before filing a bad faith action; filing notice with the Department does not constitute notice to the insurer, and insurers cannot be required to monitor the D
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Fla. 2d DCA·
2024-06-07
Synergy Contracting Group, as assignee of homeowners insured under a People's Trust policy, sued for breach of contract after People's Trust paid only $2,000 for water mitigation services rather than Synergy's invoiced amount exceeding $5,000. The court affirmed summary judgment
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M.D. Fla.·
2024-02-16
The court held that an insurance appraisal cannot be compelled to be itemized if the policy does not explicitly require it, but the litigation will be abated pending the appraisal process.
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Fla. 3d DCA·
2024-01-31
A quorum does not exist when recused commissioners are excluded from the count, and the 120-day absence period under the City Charter begins on the date of the first missed meeting, not the day after the last attended meeting.
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386 So. 3d 224·
Fla. 2d DCA·
2024-01-17
Pasco County must fund the multiagency criminal justice information system, including all upgrades, maintenance, and replacements of hardware and software, and this obligation was required to be fully effectuated by July 1, 2004, such that phased-in funding is prohibited. The cou
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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. 4th DCA·
2022-11-09
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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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Fla. 5th DCA·
2022-08-26
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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Fla. 4th DCA·
2022-08-10
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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Fla. 4th DCA·
2022-06-08
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. 2d DCA·
2022-04-20
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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Del. Ch.·
2022-04-04
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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Fla. 4th DCA·
2022-03-30
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. 5th DCA·
2021-09-29
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
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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
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Fla. 1st DCA·
2021-05-11
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
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Fla. 5th DCA·
2021-01-22
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.
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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
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Fla. 4th DCA·
2020-09-09
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
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Fla. 5th DCA·
2020-06-19
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
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Fla. 2d DCA·
2020-02-28
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
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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.
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290 So. 3d 980·
Fla. 5th DCA·
2019-12-20
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
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Fla. 1st DCA·
2019-11-20
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.
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Fla. 1st DCA·
2019-09-25
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'
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Fla. 4th DCA·
2019-08-28
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9th Cir. Ct. App. Div.·
2019-07-18
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
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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272 So. 3d 431·
Fla. 1st DCA·
2019-02-27
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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Fla. 2d DCA·
2018-10-17
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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234 So. 3d 809·
Fla. 4th DCA·
2018-01-24
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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211 So. 3d 114·
Fla. 4th DCA·
2017-01-25
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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206 So. 3d 150·
Fla. 2d DCA·
2016-12-09
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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187 So. 3d 1278·
Fla. 5th DCA·
2016-04-08
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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185 So. 3d 632·
Fla. 1st DCA·
2016-02-05
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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170 So. 3d 69·
Fla. 5th DCA·
2015-05-29
Petitioners challenged a circuit court's reversal of a trial court's dismissal of red light camera traffic citations on the ground that photographic and video evidence from red light cameras must be authenticated before admission. The Fifth District Court of Appeal denied certior
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165 So. 3d 16·
Fla. 1st DCA·
2015-04-22
Katharine Newborn appeals the denial of her motion for attorneys' fees under Florida's power-of-attorney statute (§ 709.08(11)) after obtaining a stipulated judgment against the trustee for civil conspiracy to violate the attorney-in-fact's duties. The court holds that § 709.08(1
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153 So. 3d 963·
Fla. 1st DCA·
2014-12-30
The First District reversed a workers' compensation judge's award of penalties and interest for late impairment income benefits, holding that the statutory 20-day payment deadline runs from when the employer obtains knowledge of the permanent impairment rating, not from the date
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15th Cir. Ct. App. Div.·
2014-11-24
A medical doctor's driver's license was revoked by DHSMV following his conviction for unlawful prescription of a controlled substance. The court granted his petition for writ of certiorari, holding that DHSMV's revocation was clearly erroneous because unlawful prescription is not
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Del. Super. Ct.·
2013-10-31
The court held that the insurance policies were unambiguous and that the excess insurers had a duty to pay defense costs. The court affirmed the jury's verdict on the "injury-in-fact" trigger, finding that cellular and molecular damage from asbestos inhalation constitutes an inju
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103 So. 3d 955·
Fla. 2d DCA·
2012-12-14
The Second District Court of Appeal reversed the circuit court's dismissal of a tobacco personal injury action brought by Della Mae Butler, holding that when a plaintiff dies pending litigation, the personal representative may be substituted and the complaint amended to assert a
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93 So. 3d 521·
Fla. 1st DCA·
2012-07-31
Florida appellate court affirmed the trial court's imposition of maximum-risk residential placement for a minor adjudicated delinquent for grand theft auto who had previously completed two high-risk residential programs, holding that § 985.494(1) mandates such placement regardles
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50 So. 3d 13·
Fla. 3d DCA·
2010-10-06
Trust Care Health Services appealed the denial of its change of ownership application by the Agency for Health Care Administration (AHCA), which was based on the proposed new owner's (Roberto Marrero) prior involvement with All Med Network Corp., a home health agency terminated f
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16 So. 3d 936·
Fla. 2d DCA·
2009-08-14
Robertson appeals the denial of his claim that an inherited IRA should be exempt from garnishment under Florida's creditor exemption statute. The court holds that inherited IRAs do not qualify for the exemption because the statute applies only to the original 'fund or account' an
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996 So. 2d 940·
Fla. 2d DCA·
2008-12-12
The Children appealed a trial court's dismissal of their undue influence and breach of fiduciary duty claims against the Trustee under Florida's forum non conveniens statute for trusts (section 737.203). The court reversed, holding that section 737.203 applies only to trusts with