3,086 Florida cases classified under this topic, plus 56 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2024-01-04
The court held that the defendant failed to meet its burden of proving by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold for diversity jurisdiction.
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M.D. Fla.·
2024-01-02
The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded the jurisdictional threshold, requiring remand.
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Del. Super. Ct.·
2023-12-28
The Court held that an emergency ex parte Protection from Abuse Order (PFA) requiring a defendant to temporarily surrender firearms does not violate the Second Amendment or Due Process rights. The Court found that individuals subject to domestic violence orders fall into a presum
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S.D. Fla.·
2023-12-18
The court held that it lacked subject matter jurisdiction because the plaintiff failed to allege the citizenship of the parties or the amount in controversy required for diversity jurisdiction.
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Del. Ch.·
2023-12-15
The court held that the former employee, Kevin Brown, did not breach the non-compete or confidentiality provisions of the LLC agreements. Therefore, the employer, Court Square Capital Management, L.P., was not justified in withholding Brown's vested carried interest payments. Jud
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M.D. Fla.·
2023-12-12
The court held that the defendant's removal of the case was untimely because the defendant possessed sufficient information to determine removability before the thirty-day removal period began.
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S.D. Fla.·
2023-12-08
The court held that the notice of removal failed to adequately allege the citizenship of the parties and the amount in controversy, requiring amended allegations.
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M.D. Fla.·
2023-12-07
The court held that the defendant met its burden to establish federal diversity jurisdiction by a preponderance of the evidence, thus denying the plaintiff's motion to remand.
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Del. Super. Ct.·
2023-11-27
The court found that the defendant, Paul Perry, is presently competent and was competent at the time he pleaded guilty. The State met its burden of proving present competency by a preponderance of the evidence, and Mr. Perry failed to meet his burden of proving by clear and convi
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M.D. Fla.·
2023-11-16
The court held that the defendants met their burden of proving by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus denying the plaintiff's motion to remand.
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M.D. Fla.·
2023-11-15
The court held that the defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold for diversity jurisdiction.
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Fla. 2d DCA·
2023-10-27
The appellate court affirmed a trial court's restitution order, disagreeing with the State's concession of error. The court found that while a written repair estimate was improperly admitted over a hearsay objection, the victim's testimony about the estimate, which was not object
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M.D. Fla.·
2023-10-26
The court held that the defendant failed to establish the amount in controversy exceeded $75,000, thus the court lacked jurisdiction.
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M.D. Fla.·
2023-10-19
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
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M.D. Fla.·
2023-10-18
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
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Del. Super. Ct.·
2023-10-18
The Industrial Accident Board's denial of the claimant's petition for compensation due to COVID-19 is affirmed. The court held that while the claimant contracted COVID-19 in the workplace cafeteria, which presented a greater hazard than general employment, the illness did not ari
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M.D. Fla.·
2023-10-12
The court granted the motion to remand because the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold. The court denied the request for fees and costs.
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S.D. Fla.·
2023-10-06
The court held that the amount in controversy exceeded the jurisdictional threshold at the time of removal, thus denying the motion to remand.
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M.D. Fla.·
2023-09-07
A defendant seeking to remove a case based on diversity jurisdiction must provide specific facts demonstrating the amount in controversy exceeds $75,000; conclusory allegations are insufficient, and the burden is on the defendant to prove jurisdiction.
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M.D. Fla.·
2023-08-16
Plaintiff William Harrison Sims sued BMW of North America and its German parent company Bayerische Motoren Werke AG (BMW AG) for injuries sustained when an airbag inflator ruptured during a 2019 car accident in Florida, alleging strict liability and negligence. The court denied B
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M.D. Fla.·
2023-08-15
The court held that a defendant's removal of a case is timely if filed within 30 days of receiving an 'other paper' from which removability can be ascertained, even if the defendant had prior knowledge of facts suggesting removability before the initial pleading was filed.
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Fla. 5th DCA·
2023-08-11
A probation officer may not unilaterally impose conditions beyond those ordered by the trial court, and a violation of such an officer-imposed requirement cannot serve as a basis for probation revocation. When a probationer violates multiple conditions, if it is unclear whether t
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M.D. Fla.·
2023-08-10
The court held that the defendant failed to demonstrate by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
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Fla. 1st DCA·
2023-08-02
The appellate court reversed a grant of summary judgment for the defendant, finding that the plaintiff presented sufficient circumstantial evidence to create a genuine issue of material fact regarding product identification in an asbestos exposure case. The court held that the pl
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S.D. Fla.·
2023-07-27
The court granted the motion to remand, finding the defendant failed to meet its burden of proving the amount in controversy exceeded the jurisdictional threshold.
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Fla. 2d DCA·
2023-07-26
When a juvenile offender presents unrebutted expert testimony establishing rehabilitation and fitness to reenter society under section 921.1402, the trial court must modify the sentence and impose probation; the court cannot reject such testimony based on its own experience or al
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M.D. Fla.·
2023-07-20
The court held that a plaintiff's admission in discovery that damages exceed $75,000 is sufficient to establish the amount in controversy for federal jurisdiction, even if the initial complaint alleged less.
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M.D. Fla.·
2023-07-05
The court held that a pre-suit settlement demand, without specific supporting details, is insufficient to establish the amount in controversy for federal diversity jurisdiction.
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M.D. Fla.·
2023-07-05
The court held that a petitioner claiming ineffective assistance of counsel must demonstrate both deficient performance and prejudice, and that counsel is not ineffective for failing to raise meritless arguments or anticipate changes in the law.
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Del. Super. Ct.·
2023-06-27
The Court held that the indefinite detention of an incompetent criminal defendant under Delaware statutes 11 Del. C. §§ 403 and 404 is unconstitutional as applied to defendants unlikely to be restored to competency in the foreseeable future. The statutory release procedure under
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M.D. Fla.·
2023-06-26
The court found that the defendant's Notice of Removal was deficient because it failed to establish the plaintiffs' citizenship and the amount in controversy, and therefore, the court required further supplementation before determining jurisdiction.
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M.D. Fla.·
2023-06-21
The court held that the defendant failed to meet the burden of proving the amount in controversy exceeded $75,000 by a preponderance of the evidence.
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M.D. Fla.·
2023-06-21
The court held that the plaintiff failed to establish subject matter jurisdiction because the damages alleged were too vague to meet the $75,000 amount in controversy requirement.
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Del. Super. Ct.·
2023-06-08
The Delaware Superior Court found that Allergan breached the Asset Purchase Agreement (APA) by failing to account for and turn over 131 units of SERI trunk stock, awarding Sofregen $393,000 in damages. The court also found in favor of Sofregen on Allergan's counterclaim for breac
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Fla. 4th DCA·
2023-06-07
The trial court erred in suppressing the blood draw because the officer had probable cause to compel it under section 316.1933(1)(a), Florida Statutes, based on observations of bloodshot eyes and strong odor of alcohol following a fatal crash. The trial court also erred in suppre
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Fla. 3d DCA·
2023-06-07
The trial court's adjudication of dependency is affirmed where substantial competent evidence supports the finding that the child lived in a tense environment with physical injuries consistent with child abuse.
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Fla. 3d DCA·
2023-06-07
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13th Cir. Ct. App. Div.·
2023-06-02
German Schweizer petitioned for certiorari to quash an administrative suspension of his driving privilege, arguing the record lacked competent, substantial evidence that he was in actual physical control of a motor vehicle. The court denied his petition, holding that being seated
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S.D. Fla.·
2023-06-02
The court held that the children are well-settled in the United States and therefore denied the petition for their return to Venezuela under the Hague Convention.
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M.D. Fla.·
2023-05-31
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the case should be remanded.
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Del. Ch.·
2023-05-31
The Court of Chancery held that Braga Investment failed to establish its claims for fraudulent inducement and breach of contract. The court found that Braga Investment, a sophisticated investor, could not claim fraudulent inducement when it had the opportunity to review the final
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M.D. Fla.·
2023-05-26
The court held that the defendant failed to establish the amount in controversy by a preponderance of the evidence, requiring remand for lack of subject matter jurisdiction.
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13th Cir. Ct. App. Div.·
2023-05-25
Chase Engelbrecht challenged an administrative suspension of his driving privileges for refusing a breathalyzer test after his arrest for leaving the scene of a hit-and-run accident. The circuit court affirmed the suspension, finding competent substantial evidence supported the h
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Fla. 4th DCA·
2023-05-24
A trial court abuses its discretion by denying a human trafficking victim expunction petition without affording the statutory presumption that arises from official documentation issued by a state or local agency, and inconsistencies regarding non-material facts cannot rebut the p
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S.D. Fla.·
2023-05-21
The court held that the defendants failed to establish federal diversity jurisdiction by a preponderance of the evidence, as the evidence presented was insufficient to prove the amount in controversy exceeded $75,000 at the time of removal.
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M.D. Fla.·
2023-05-09
The court held that removal was improper because the defendant failed to sufficiently allege complete diversity of citizenship and the amount in controversy.
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M.D. Fla.·
2023-05-02
The court held that the amount in controversy was satisfied at the time of removal, and thus denied the motion to remand.
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M.D. Fla.·
2023-04-28
The court held that the defendant met its burden to demonstrate that the amount in controversy exceeded $75,000, thus denying the plaintiff's motion to remand.
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Del. Ch.·
2023-04-24
The court recommended judgment for the owner (Defendant) on the unjust enrichment counterclaim, awarding $44,000. The Plaintiff's claims for unjust enrichment and the Defendant's claim for trespass were recommended for denial. The court found the Plaintiff was unjustly enriched b
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M.D. Fla.·
2023-04-17
The court held that the defendant failed to establish to a legal certainty that the amount in controversy exceeded $75,000, thus federal diversity jurisdiction was not met.