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
-
S.D. Fla.·
2020-10-13
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus diversity jurisdiction was not met.
-
M.D. Fla.·
2020-10-05
The court adopted the magistrate judge's recommendation to deny the motion to remand, finding the defendant met its burden to establish the amount in controversy for diversity jurisdiction.
-
M.D. Fla.·
2020-10-05
The court adopted the magistrate judge's recommendation to deny the motion to remand, finding the defendant met its burden to establish the amount in controversy for diversity jurisdiction.
-
M.D. Fla.·
2020-09-23
The court held that the defendant demonstrated by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal and that the parties were diverse.
-
M.D. Fla.·
2020-09-17
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.
-
M.D. Fla.·
2020-09-08
The court held that the defendant failed to establish the amount in controversy requirement for diversity jurisdiction, necessitating remand to state court.
-
M.D. Fla.·
2020-09-04
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.
-
S.D. Fla.·
2020-09-02
The court held that the amount in controversy requirement for diversity jurisdiction was met, even considering a post-removal settlement demand, by inferring reasonable attorney's fees accrued prior to removal.
-
M.D. Fla.·
2020-08-31
The court held that the defendant met its burden to establish the amount in controversy, thus denying the motion to remand.
-
M.D. Fla.·
2020-08-27
The Court granted Plaintiff's 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 for diversity jurisdiction.
-
S.D. Fla.·
2020-08-26
A settlement demand alone, without supporting evidence demonstrating its reasonableness, is insufficient to establish the amount in controversy for diversity jurisdiction.
-
Del. Ch.·
2020-07-31
The Delaware Court of Chancery held that the documents purporting to transfer 65% of a Delaware LLC's membership interests to an attorney were not binding contracts, as they were part of a sham transaction designed to satisfy Argentine regulations. The court found that the attorn
-
S.D. Fla.·
2020-07-22
The court held that the plaintiff failed to adequately plead the amount in controversy for diversity jurisdiction as to DAS and granted leave to amend, but found venue proper for DAS.
-
M.D. Fla.·
2020-07-21
The court held that the defendant demonstrated by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus denying the motion to remand.
-
Fla. 1st DCA·
2020-07-20
The appellate court affirmed a Judge of Compensation Claims' (JCC) order that rejected an employer/carrier's (E/C) misrepresentation defenses and awarded the claimant a second psychological opinion evaluation. The court found competent, substantial evidence supported the JCC's fi
-
M.D. Fla.·
2020-07-20
The court held that the defendant demonstrated by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal, thus denying the motion to remand.
-
Fla. 4th DCA·
2020-07-15
A party who concedes the burden of proof at trial cannot challenge that allocation on appeal under the invited error doctrine. The trial court properly placed the burden on Diane to prove her exclusive ownership of the safe deposit box contents, and her evidence was insufficient
-
M.D. Fla.·
2020-07-09
The court held that the plaintiff's pre-suit demands and the allegations in his complaint established the amount in controversy, thus denying the motion to remand.
-
Fla.·
2020-07-02
The Court adopted amendments to the Florida Rules of Judicial Administration and Florida Rules of Juvenile Procedure to implement legislation requiring parental consent (in addition to notice) for minors seeking abortion, and to protect the confidentiality of identifying informat
-
S.D. Fla.·
2020-06-29
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, requiring remand to state court.
-
M.D. Fla.·
2020-06-17
The court held that the complaint stated sufficient facts to support a reasonable belief that the seized currency was connected to illegal drug activity, thus denying the motion to dismiss.
-
Fla. 4th DCA·
2020-05-27
The trial court abused its discretion by refusing to give a jury instruction on the presumption of reasonable fear for justifiable use of deadly force and by excluding medical testimony regarding the defendant's myasthenia gravis diagnosis, both of which were supported by evidenc
-
Fla. 3d DCA·
2020-05-20
The appellate court affirmed a trial court's decision to impose a downward departure sentence. The State appealed, arguing the departure was improper, but the court found sufficient evidence and no abuse of discretion in the trial court's decision.
-
S.D. Fla.·
2020-05-11
The court held that the removing defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal, thus requiring remand.
-
M.D. Fla.·
2020-04-21
The court held that the plaintiff's Civil Remedy Notice did not provide sufficient information to establish the amount in controversy, and the thirty-day removal period did not begin until the defendant received a repair estimate via discovery.
-
Fla. 3d DCA·
2020-03-18
The appellate court reversed a final agency decision that upheld a reduction in home health care services for a Medicaid recipient. The court found that the agency improperly shifted the burden of proof to the recipient to justify the continued necessity of previously authorized
-
M.D. Fla.·
2020-03-17
The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded $75,000 by a preponderance of the evidence, thus requiring remand.
-
M.D. Fla.·
2020-03-03
The court held that the exclusionary rule does not apply to supervised release revocation proceedings, thus counsel was not ineffective for failing to challenge the traffic stop. The court also found that the grade of supervised release violations need not be determined by a jury
-
S.D. Fla.·
2020-02-25
The court held that anticipated attorney's fees and costs cannot be considered when determining the amount in controversy for removal jurisdiction, and the defendant failed to prove incurred fees met the threshold.
-
M.D. Fla.·
2020-02-25
The court held that the defendant successfully established the amount in controversy, thus denying the plaintiff's motion to remand.
-
M.D. Fla.·
2020-02-21
The court held that the plaintiffs failed to establish complete diversity of citizenship, and therefore, the court lacked subject matter jurisdiction.
-
Fla. 3d DCA·
2020-02-12
The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
-
Fla. 3d DCA·
2020-02-12
The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
-
M.D. Fla.·
2020-02-10
The court held that the plaintiff failed to adequately plead diversity jurisdiction by not establishing her own citizenship and the amount in controversy, thus lacking subject matter jurisdiction.
-
Del. Ch.·
2020-01-30
The Delaware Court of Chancery determined the fair value of SourceHOV's stock at the time of the business combination was $4,591 per share. The court found the petitioners' expert's valuation credible and adopted it, with a modification to the size premium, while rejecting the re
-
M.D. Fla.·
2020-01-24
The court held that the defendant failed to meet its burden of proving the amount in controversy by a preponderance of the evidence, thus the motion to remand is granted.
-
S.D. Fla.·
2020-01-23
The Court held that the removal notice was timely and the amount in controversy exceeded the jurisdictional threshold, thus denying the motion to remand.
-
Fla. 2d DCA·
2020-01-08
The appellate court affirmed the defendant's convictions and sentences for grand theft and money laundering but reversed the restitution award. The court found that the trial court erred in awarding restitution without sufficient competent substantial evidence to support the amou
-
M.D. Fla.·
2020-01-08
Roy Kronk sued Casey Anthony for defamation based on statements made by her defense attorneys to the media implicating him in the murder of her daughter, and sought to prevent the debt from being discharged in Anthony's bankruptcy proceedings under Section 523(a)(6), which except
-
Del. Fam. Ct.·
2019-12-23
The appellate court affirmed the trial court's decision awarding Father sole legal custody and primary residential placement of the children. The court found that the trial court properly applied the "best interests of the child" standard by considering all relevant statutory fac
-
M.D. Fla.·
2019-12-20
The court held that it lacked subject matter jurisdiction because the plaintiff failed to demonstrate that the amount in controversy exceeded the $75,000 threshold for diversity jurisdiction.
-
Fla. 1st DCA·
2019-12-19
The appellate court affirmed the agency's denial of A.W.'s application for a Medicaid Waiver program. The court found that A.W. failed to demonstrate her autism diagnosis met the severity requirements outlined in the Florida Administrative Code, and that the agency's expert testi
-
Fla. 2d DCA·
2019-12-13
The appellate court reversed the sentences imposed on Marquelle Williams and remanded for resentencing. Williams argued the trial court erred in denying his request for a downward departure sentence based on a need for specialized mental health treatment, and the appellate court
-
Fla. 5th DCA·
2019-12-05
The court held that the trial court did not abuse its discretion in dismissing the petition for judicial waiver of parental notice.
-
S.D. Fla.·
2019-12-05
The court held that the amount in controversy did not exceed $75,000, and therefore, federal diversity jurisdiction was lacking, requiring remand to state court. The court also granted Plaintiffs' request for attorney's fees incurred due to the improper removal.
-
M.D. Fla.·
2019-11-26
The court denied the defendant's motion for costs and attorney's fees because the case was dismissed without prejudice, meaning no party prevailed, and the defendant failed to establish the case was exceptional under the relevant patent statute.
-
S.D. Fla.·
2019-11-25
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal, as speculative calculations of future damages were impermissible.
-
M.D. Fla.·
2019-11-20
The court held that the defendant failed to prove the amount in controversy exceeded $75,000, thus the case must be remanded to state court. However, attorney's fees for removal were denied.
-
M.D. Fla.·
2019-11-20
The court held that the defendant sufficiently demonstrated the amount in controversy exceeded $75,000, thus denying the motion to remand.
-
S.D. Fla.·
2019-11-19
A bare-bones settlement demand, even when including attorney's fees, is insufficient to establish the amount in controversy for federal diversity jurisdiction without supporting evidence of damages and incurred fees.