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Fla. 4th DCA·
2020-05-06
A trial court must allow a party to present evidence and examine witnesses at an evidentiary hearing on an alimony modification petition and must issue written findings of fact under section 61.08(2) to support any modified alimony award.
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Fla. 3d DCA·
2020-05-06
The appellate court reviewed a lower court's decision that quashed a zoning board's denial of a special exception and variance for a liquor store. The appellate court found the lower court applied the incorrect legal standard in its review, thus granting the petition for certiora
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M.D. Fla.·
2020-04-24
The court granted in part and denied in part defendants' motions to dismiss, dismissing several counts with prejudice or without prejudice, while allowing others to proceed.
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M.D. Fla.·
2020-04-15
The court held that the Board of Trustees is an arm of the state entitled to sovereign immunity, and the plaintiff failed to demonstrate a waiver of immunity or applicability of an exception, and that the complaint contained shotgun pleading.
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M.D. Fla.·
2020-04-14
The court held that the plaintiff failed to adequately plead race discrimination and retaliation claims against Defendant Baker because she did not allege sufficient facts to show discriminatory motive or a causal connection between protected activity and adverse action. The cour
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Fla. 1st DCA·
2020-04-07
This administrative appeal concerns a claimant's application for Institutional Care Program Medicaid benefits, which was denied and subsequently dismissed by a Hearing Officer based on res judicata and collateral estoppel. The appellate court affirmed the dismissal, finding that
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M.D. Fla.·
2020-03-17
The court held that the plaintiff failed to exhaust administrative remedies for his excessive force claims and failed to state a claim for relief on any of his asserted constitutional violations.
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S.D. Fla.·
2020-03-06
The court held that the plaintiff's claims were moot or failed as a matter of law, granting summary judgment for the defendant.
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Fla. 1st DCA·
2020-02-19
The appellate court affirmed the denial of a motion to dismiss a conviction for failing to register as a sex offender. The court held that the appellant's conviction for false imprisonment, which included sexual elements as established by the factual predicate at sentencing, auto
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M.D. Fla.·
2020-02-14
The court held that the Rooker-Feldman doctrine does not bar the plaintiffs' ADA claim because the denial of a reasonable accommodation occurred after state court proceedings, and the requested relief could not have been granted by the state courts. The court also found that Dama
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M.D. Fla.·
2020-01-27
The court held that the inmate's petition for a writ of habeas corpus should be denied because he failed to exhaust administrative remedies and his due process claims lacked merit.
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Fla. 3d DCA·
2020-01-15
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M.D. Fla.·
2019-12-20
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted and did not comply with court rules, warranting dismissal with prejudice.
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Fla.·
2019-12-19
The Florida Supreme Court adopted amendments to 17 Florida Probate Rules through the regular-cycle review process, with a revised opinion addressing a motion for rehearing. The amendments modernize probate procedures to conform to statutory changes and improve administrative effi
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Fla. 3d DCA·
2019-12-18
This case concerns whether the United States had standing to challenge a city resolution granting vested property rights to landowners near an air force base. The appellate court denied the landowners' petition for certiorari, finding the lower court correctly applied the law reg
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Fla. 3d DCA·
2019-12-18
The appellate court dismissed a petitioner's appeal, finding it lacked jurisdiction to review a circuit court's decision that dismissed the petitioner's prior appeals from county court judgments. The court determined the petitioner failed to demonstrate a departure from the essen
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M.D. Fla.·
2019-12-05
The court held that the existence of adequate state remedies, such as the right to appeal administrative decisions to state court, precludes a federal procedural due process claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2019-11-26
The court held that the plaintiff failed to establish a First Amendment retaliation claim because his speech was not on a matter of public concern or was made in his professional capacity, and that his due process, breach of contract, and defamation claims also failed.
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M.D. Fla.·
2019-11-25
The court held that a federal prisoner's claims challenging disciplinary proceedings that do not affect the fact or duration of his sentence, such as loss of privileges or disciplinary segregation without loss of good time, are not cognizable in a habeas corpus petition under 28
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M.D. Fla.·
2019-11-23
The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for his First and Fourteenth Amendment claims, thus denying his motion for a preliminary injunction.
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Fla. 5th DCA·
2019-11-07
Section 162.11, Florida Statutes, provides for a plenary appeal as a matter of right from a final administrative order of an enforcement board to circuit court, not a limited certiorari review. However, because CFI requested the narrower three-pronged certiorari standard and the
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N.D. Fla.·
2019-11-01
The court held that the Florida Supreme Court and The Florida Bar are immune from damages claims under the ADA and Rehabilitation Act due to Eleventh Amendment immunity, as the alleged violations were statutory and not Fourteenth Amendment violations, and the defendants do not re
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M.D. Fla.·
2019-10-23
The court held that principles of comity warrant abstention, requiring dismissal of the federal action without prejudice.
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Fla. 5th DCA·
2019-10-03
The Florida District Court of Appeal held that Lake County's Board of Commissioners lacked authority to grant waivers from mandatory setback requirements for a communications tower, as that power was vested exclusively in the Board of Adjustment under the county's Land Developmen
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N.D. Fla.·
2019-10-02
The court held that the petitioner failed to make a substantial showing of the denial of a constitutional right, thus denying a certificate of appealability and dismissing the petition.
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Fla. 3d DCA·
2019-09-18
The Florida Department of Revenue audited A&S Entertainment, LLC, assessing over $1.9 million in sales and use tax. A&S appealed, claiming denial of procedural due process and misapplication of tax law regarding certain fees. The appellate court affirmed the Department's decision
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Fla. 4th DCA·
2019-09-18
A trial court must issue an order to show cause and allow a defendant an opportunity to respond before barring pro se filings as a sanction.
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of twenty-seven truancy petitions, finding the dismissals violated procedural due process and were based on an incorrect interpretation of the law regarding who can file such petitions. The court emphasized the nee
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an incorrect interpretation of the law regarding who can file such petitions. The court clarified that school superi
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of twenty-seven truancy petitions, finding the dismissals violated the Superintendent's procedural due process rights and were based on a misinterpretation of Florida law regarding who can file such petitions.
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Fla. 5th DCA·
2019-09-13
This case involves the appeal of a trial court's sua sponte dismissal of twenty-seven habitual truancy petitions. The appellate court reversed the dismissals, finding the trial court denied the Superintendent procedural due process and erred in requiring petitions to be filed by
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an incorrect legal premise that the petitions required an attorney. The court emphasized the need for notice and an
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions. The court found the dismissals violated the Superintendent's due process rights by denying notice and an opportunity to be heard, and that the trial court erred in requiring petitions to be
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an incorrect legal premise that the petitions required an attorney's signature. The ruling clarifies that school sup
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of twenty-seven truancy petitions. The court found the dismissals violated procedural due process by denying the Superintendent notice and an opportunity to be heard, and that the trial court erroneously concluded
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated the Superintendent's procedural due process rights and were based on a misinterpretation of the law regarding who can file such petitions. The court clarifie
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an incorrect interpretation of Florida law regarding who can file such petitions. The court emphasized that the scho
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an erroneous interpretation of the law regarding who can file such petitions. The ruling clarifies that school super
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of twenty-seven truancy petitions. The court found the dismissals violated the Superintendent's procedural due process rights by denying notice and an opportunity to be heard, and that the trial court erroneously c
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an incorrect interpretation of the law regarding who can file such petitions. The ruling clarifies that school super
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions. The court found the dismissals violated procedural due process by denying the Superintendent notice and an opportunity to be heard, and that the trial court erroneously concluded the petiti
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on a misinterpretation of Florida law regarding who can file such petitions. The ruling clarifies that school superinte
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated the Superintendent's due process rights and were based on a misinterpretation of the law regarding who can file such petitions. The ruling clarifies that sch
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on a misinterpretation of the law regarding who can file such petitions. The ruling clarifies that school superintenden
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of truancy petitions, finding the dismissals violated procedural due process and were based on a misinterpretation of the law regarding who can file such petitions. The court emphasized that the school superintende
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an erroneous interpretation of law regarding who can file such petitions. The ruling clarifies that school superinte
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of twenty-seven truancy petitions. The court found the dismissals violated the Superintendent's due process rights by denying notice and an opportunity to be heard, and that the trial court erred in requiring petit
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an incorrect interpretation of law regarding who can file such petitions. The court emphasized the need for notice a
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions. The court found the dismissals violated procedural due process by denying the school superintendent notice and an opportunity to be heard, and that the trial court erroneously concluded the
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Fla. 5th DCA·
2019-09-13
The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process by denying the school superintendent notice and an opportunity to be heard. The court also clarified that Florida law permits the supe