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.·
2023-04-14
The court held that a prior jury verdict, final judgment, and satisfaction of judgment constitute an 'award' of punitive damages under Fla. Stat. § 768.73(2)(a), but that a genuine issue of material fact exists regarding whether that award was insufficient to punish the defendant
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Fla. 3d DCA·
2023-04-12
The appellate court affirmed the denial of post-conviction relief, holding that a judge, not a jury, can determine a defendant's prison release date for sentencing enhancement under Florida's prison releasee reoffender statute. This determination is considered a ministerial act d
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Fla. 3d DCA·
2023-04-12
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Fla. 3d DCA·
2023-04-12
Florida's prison releasee reoffender statute is constitutional; a judge may determine a defendant's release date from a prior prison sentence based on preponderance of the evidence without a jury finding beyond a reasonable doubt, as the release date derives directly from a prior
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M.D. Fla.·
2023-04-03
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 must be remanded.
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Del. Ch.·
2023-03-22
The Court of Chancery found that the Agreement between the parties constituted an enforceable license to use the property, not a contract for the sale of real property, due to a lack of definite terms. The Court further held that the license was revoked by the matriarch in 2001,
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Del. Ch.·
2023-03-20
The Court of Chancery held that a petitioner seeking the appointment of a receiver for a dissolved LLC has standing under 6 Del. C. § 18-805 by demonstrating good cause. Good cause requires a reasonable likelihood that the LLC violated the Delaware Limited Liability Company Act b
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M.D. Fla.·
2023-02-16
A post-suit settlement demand, without specific supporting details, is insufficient to establish the amount in controversy for diversity jurisdiction.
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M.D. Fla.·
2023-02-13
The court denied the petition for return of the children to Canada, finding they were habitual residents of the United States and that exceptions to the Hague Convention applied.
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Fla. 1st DCA·
2023-02-01
The appellate court affirmed the revocation of a probationer's probation, holding that the State did not need to present non-hearsay evidence directly linking the probationer to the new offenses. Corroborating non-hearsay evidence of the victim's statement was sufficient.
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Fla. 4th DCA·
2023-01-25
The appellate court affirmed the revocation of the defendant's probation, holding that the trial court could consider evidence of new alleged crimes during sentencing for a probation violation, even if those crimes were not admitted or proven. The court also found that the defend
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Fla. 3d DCA·
2023-01-18
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13th Cir. Ct. App. Div.·
2023-01-11
Cherokee House LLC appealed a code enforcement violation finding by the City of Tampa for allegedly renting residential property for fewer than seven days. The appellate court quashed the violation order because no competent, substantial evidence showed an actual rental occurred—
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M.D. Fla.·
2023-01-04
The court held that a rejected settlement offer, even if a check was issued, does not reduce the amount in controversy for diversity jurisdiction purposes.
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Fla. 4th DCA·
2023-01-04
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M.D. Fla.·
2022-12-16
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $5 million threshold required by CAFA.
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M.D. Fla.·
2022-12-06
The court held that the plaintiffs failed to establish diversity jurisdiction because they did not adequately demonstrate the organization's principal place of business under the 'nerve center' test.
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M.D. Fla.·
2022-11-30
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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Fla. 4th DCA·
2022-11-23
Linda Weinreber Barker appealed a restitution order for fraudulent use of a credit card and exploitation of an elderly person. The court affirmed the restitution award of $3,005.71 because victim testimony and check evidence supported the unauthorized payments, but reversed the f
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M.D. Fla.·
2022-11-16
The amount in controversy for determining federal diversity jurisdiction in a suit seeking to void a mortgage and quiet title is the value of the underlying property, not the face value of the mortgage.
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M.D. Fla.·
2022-11-15
The court held that the defendant failed to meet the burden of establishing the amount in controversy for diversity jurisdiction, as pre-removal payments from the insurer offset the claimed damages.
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Del. Ch.·
2022-10-26
The Delaware Court of Chancery held that the plaintiff, Grace I Ching Chao, was not a member of Riverside Risk Advisors LLC under the original LegalZoom Agreement because she did not meet the formal requirements for admission. The court further found that the 2015 LLC Agreement w
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M.D. Fla.·
2022-10-20
The court held that the defendant failed to establish diversity jurisdiction and must supplement its notice of removal.
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S.D. Fla.·
2022-10-18
The court denied the plaintiff's motion to exclude the defendant's expert testimony, finding the expert qualified and his methodology reliable.
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Fla. 5th DCA·
2022-10-14
The Agency failed to meet its burden of proving ineligibility by preponderance of evidence, and the hearing officer's decision was not supported by competent substantial evidence due to reliance on a nonexistent FSIQ score and improper shifting of the burden of proof.
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Del. Super. Ct.·
2022-10-14
The Delaware Supreme Court held that probable cause findings made by the Division of Motor Vehicles (DMV) qualify as "convictions" under the Uniform Commercial Driver License Act (UCDLA). Consequently, two such findings, even when entered by default, are sufficient grounds for th
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M.D. Fla.·
2022-10-13
The court held that the defendant insurer failed to establish diversity jurisdiction and must supplement the notice of removal.
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M.D. Fla.·
2022-10-11
The court ordered the defendant to show cause why the case should not be remanded for lack of subject-matter jurisdiction, as the defendant failed to sufficiently establish diversity of citizenship and the amount in controversy.
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M.D. Fla.·
2022-10-11
The court held that the defendants failed to sufficiently establish diversity jurisdiction, requiring them to show cause why the action should not be remanded.
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Fla. 2d DCA·
2022-10-07
The appellate court reversed a defendant's sentence for leaving the scene of an accident involving death because the trial court failed to apply the correct legal standard when considering a motion for downward departure. The case clarifies the two-step process required for such
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M.D. Fla.·
2022-10-06
The court held that the defendant's notice of removal was deficient because it failed to establish diversity jurisdiction and comply with local rules.
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M.D. Fla.·
2022-10-04
A defendant seeking removal to federal court based on diversity jurisdiction must establish the amount in controversy exceeds $75,000 by a preponderance of the evidence, using plausible allegations and supporting documentation.
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M.D. Fla.·
2022-10-03
The court held that the amount in controversy, including estimated attorney's fees, exceeded $75,000, thus denying the motion to remand.
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M.D. Fla.·
2022-09-14
The court held that the defendant's Notice of Removal was deficient in pleading diversity jurisdiction and local rule compliance, requiring supplementation.
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M.D. Fla.·
2022-09-11
The court held that the defendant failed to establish subject-matter jurisdiction by a preponderance of the evidence, requiring supplementation of the removal notice.
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Del. Super. Ct.·
2022-08-29
The court affirmed in part and reversed in part the lower court's decision. The court held that Aluminum failed to prove its breach of contract claims regarding the annealing racks and Jack White's services due to non-compliance with notice provisions and failure to establish bre
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M.D. Fla.·
2022-08-18
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold, thus granting the plaintiff's motion to remand.
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M.D. Fla.·
2022-08-16
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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Fla. 3d DCA·
2022-08-03
Hearsay evidence is admissible in violation of probation hearings when corroborated by direct evidence, and the trial court's finding of a probation violation was supported by the victim's hearsay statements combined with DNA evidence.
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344 So. 3d 478·
Fla. 4th DCA·
2022-08-03
The appellate court reversed an award of attorney's fees imposed as sanctions against a former girlfriend and her attorney. The court found that the trial court did not have clear and convincing evidence, as required by statute, that the former girlfriend knowingly made false sta
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M.D. Fla.·
2022-08-01
The court held that the notice of removal was timely and that the defendants plausibly established the amount in controversy exceeding the federal jurisdictional minimum.
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Del. Ch.·
2022-08-01
The court held that neither party breached the agreement governing the sale of the entity that owned the apartments, and the Holtzman Parties failed to establish damages. The court also found that the Holtzman Parties lacked standing to assert other claims and failed to establish
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S.D. Fla.·
2022-07-24
The court held that the defendant failed to prove by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional requirement for diversity jurisdiction.
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M.D. Fla.·
2022-06-22
The court held that a defendant can establish the amount in controversy using extrinsic evidence, such as a plaintiff's verified interrogatory answers, even if the complaint itself does not specify damages.
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M.D. Fla.·
2022-06-16
The court held that the defendant failed to establish federal jurisdiction based on diversity of citizenship and amount in controversy, requiring remand.
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M.D. Fla.·
2022-06-14
Two plaintiffs sued the United States under the Federal Tort Claims Act for damages arising from a motor vehicle accident caused by an Army employee's negligent failure to yield, seeking compensation for cervical spine injuries and related medical treatment. The court found that
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M.D. Fla.·
2022-06-13
The court held that the plaintiff's pre-suit demand letter and civil cover sheet provided sufficient evidence that the amount in controversy more likely than not exceeded $75,000, thus denying the motion to remand.
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M.D. Fla.·
2022-06-09
The court denied plaintiff's motions to exclude expert testimony and for partial summary judgment, finding that issues of fact remained for trial.
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Del. Ch.·
2022-06-09
The Delaware Court of Chancery held that the former CEO, Shawn Evans, was not entitled to mandatory indemnification for claims of tortious interference and defamation because Avande, Inc. proved there was no causal link between Evans' corporate role and those claims. The court al
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M.D. Fla.·
2022-05-24
The court held that it lacked subject matter jurisdiction due to the amount in controversy not exceeding $75,000 and therefore granted the motion to remand.