2,390 Florida cases classified under this topic, plus 320 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Fla. 3d DCA·
2024-02-14
Section 627.70152(3)'s presuit notice requirement applies retroactively to insurance policies issued before the statute's effective date because the statute expresses clear intent to apply to "all suits" arising under residential or commercial property insurance policies, and the
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M.D. Fla.·
2024-01-11
The court granted in part and denied in part the parties' motions in limine, ruling on issues including the admissibility of evidence related to law firms, attorney referrals, collateral sources, and expert testimony.
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Fla. 6th DCA·
2024-01-08
The Florida Supreme Court reversed a trial court's dismissal of an insurance coverage lawsuit for failure to comply with Section 627.70152's pre-suit notice requirement. The court held that the 2021 statute does not apply retroactively to claims arising from policies and losses t
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Fla. 4th DCA·
2023-12-20
Filing a petition for termination of parental rights does not confer party status in dependency proceedings, and the juvenile rules do not authorize intervention by foster parents in dependency proceedings. The 2022 version of section 63.082 did not grant party status to foster p
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M.D. Fla.·
2023-11-01
The court held that a claim based solely on the retroactive application of an amended state statute under state law is not cognizable on federal habeas corpus review.
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S.D. Fla.·
2023-10-23
The court held that Florida Statute § 627.70152(3), requiring pre-suit notice, applies retroactively to insurance policies issued before its effective date, as it is considered procedural law.
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384 So. 3d 182·
Fla. 4th DCA·
2023-10-18
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Fla. 4th DCA·
2023-10-18
The appellate court reversed a lower court's denial of a mother's emergency motion to retrieve her child. The court found that the father's established paternity or a private agreement did not grant him custody rights superior to the mother's, who is the natural guardian.
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M.D. Fla.·
2023-10-03
The court denied in part and deferred in part Costco's Daubert motions, denied motions to exclude expert testimony, and denied Costco's motion for retroactive application of Fla. Stat. § 768.0427.
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S.D. Fla.·
2023-09-15
The court held that Florida Statute § 627.70152(3)(b), which tolls the statute of limitations for insurance claims, can be applied retroactively to policies issued before its enactment because it is a procedural statute that does not impair vested rights.
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M.D. Fla.·
2023-09-08
The court held that the defendant procedurally defaulted his claim challenging his firearm conviction and could not overcome this default by showing cause and prejudice or actual innocence.
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Fla. 3d DCA·
2023-08-23
The appellate court affirmed a lower court's decision, holding that a circuit court retained jurisdiction to revoke probation and impose a sentence even after the underlying crime was reclassified from a felony to a misdemeanor. The court reasoned that the jurisdiction to enforce
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S.D. Fla.·
2023-08-16
The court held that additional information is required regarding service of process and choice of law before ruling on a motion for partial default judgment.
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M.D. Fla.·
2023-07-10
The court held that because the action was subject to dismissal for failure to comply with pre-suit notice requirements, there was no pending action in which to enter a confessed judgment, thus precluding an award of attorney's fees.
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The court denied the motion for default judgment because the plaintiff failed to properly serve the defendant according to Florida statutes, which is a prerequisite for personal jurisdiction.
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S.D. Fla.·
2023-06-12
The court denied the plaintiff's motion for reconsideration because it was procedurally deficient for failing to confer with opposing counsel and substantively deficient as it failed to present new evidence or demonstrate manifest error of law or fact.
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Fla. 4th DCA·
2023-05-03
A statutory presuit notice requirement for property insurance claims is procedural in nature and applies retroactively to existing insurance policies, even when the statute was enacted after the policy was issued. The retroactive application does not impair substantive rights bec
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Fla. 3d DCA·
2023-03-15
An EEOC dismissal and notice of rights letter is not the equivalent of a reasonable cause finding by the FCHR required under the FCRA.
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Richard Harlow appealed the denial of his motion to correct an illegal sentence, arguing his sexual predator designation was improper. The appellate court affirmed the denial, not on the merits of his claim, but because his motion was facially insufficient.
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S.D. Fla.·
2023-02-23
The court held that the plaintiff's claims were time-barred as the statute of limitations had expired and the plaintiff failed to establish grounds for statutory tolling, equitable estoppel, or equitable tolling.
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Fla. 3d DCA·
2023-02-15
Section 627.7152 applies prospectively to assignment agreements executed on or after July 1, 2019, without regard to the effective date of the underlying insurance policy, and thus the statute's application to the assignment agreement in this case was prospective, not retroactive
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Fla. 3d DCA·
2023-02-15
The appellate court affirmed the trial court's dismissal of a breach-of-contract lawsuit. The court held that a statute governing assignment of benefits agreements applied prospectively to an assignment executed after the statute's effective date, even though the underlying insur
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When an administrative agency issues a right-to-sue notice stating it is unable to conclude that the information establishes violations but does not make a specific determination that no reasonable cause exists, section 760.11(8) applies, allowing the complainant to proceed as if
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M.D. Fla.·
2023-01-03
Dixon challenged his state court convictions for aggravated assault with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm in a federal habeas corpus petition, raising seven grounds of error. The District Court denied the petition, finding
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M.D. Fla.·
2022-12-14
Plaintiff Ashley Allen, a Jacksonville University student, sued the school for breaching implied contracts to provide in-person instruction, campus access, and on-campus services during the 2020 spring semester when JU moved classes online and closed campus facilities in response
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S.D. Fla.·
2022-11-29
The court held that Fla. Stat. § 627.70152 cannot be applied retroactively to an insurance policy issued before its effective date, as doing so would affect substantive rights.
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Section 112.1816, Florida Statutes (2019), is a substantive statute that applies prospectively and does not provide benefits to firefighters diagnosed with cancer before its July 1, 2019 effective date. The statute's creation of new rights for a limited class of firefighters and
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Sentences of twenty years for aggravated assault and thirty years for manslaughter were legal under Florida law because the 10-20-Life statute mandated the twenty-year minimum for aggravated assault with firearm discharge, and manslaughter was properly reclassified as first-degre
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M.D. Fla.·
2022-08-15
The court held that Florida Statute § 627.70152, requiring pre-suit notice for property insurance claims, does not apply retroactively to policies issued before its enactment because it affects substantive rights.
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S.D. Fla.·
2022-08-10
The court held that Fla. Stat. § 627.70152, which requires a notice of intent to initiate litigation, should not be applied retroactively to an insurance policy issued before the statute's effective date because it affects substantive rights.
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M.D. Fla.·
2022-08-05
The court held that Florida Statute § 627.70152 cannot be retroactively applied to insurance claims that arose before its enactment because it affects substantive rights by imposing new duties, obligations, and penalties.
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Fla. 5th DCA·
2022-07-22
Section 627.7152 applies to the date an assignment of insurance benefits is executed, not the date the underlying policy is issued, so the statute properly applied to an assignment executed after its July 1, 2019 effective date even though the policy predated the statute.
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Fla. 4th DCA·
2022-04-20
Total Care Restoration assigned insurance benefits from a homeowner on July 16, 2019, and later sued Citizens Property Insurance for water damage benefits without providing the 10-day pre-suit notice required by section 627.7152(9)(a), Florida Statutes. The court held that the 10
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M.D. Fla.·
2022-03-30
Florida Statute § 627.70152, requiring pre-suit notice for property insurance claims, is substantive and does not apply retroactively to policies issued before its effective date.
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Fla. 4th DCA·
2022-03-16
The Fourth District Court of Appeal reversed its prior decision and held that the 1999 amendments to Florida's punitive damages statute (section 768.73) apply to wrongful death actions arising from Engle progeny tobacco litigation where the decedent died after October 1, 1999, fo
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Fla. 4th DCA·
2022-03-16
The appellate court reversed a trial court's decision that barred a contractor from recovering attorney's fees. The court held that a newer statute, which limited attorney's fees, could not be applied retroactively to an assignment of benefits agreement executed before the statut
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S.D. Fla.·
2022-02-16
The court held that the Florida Immunity Statute for Educational Institutions is substantive and intended to apply retroactively, but its retroactive application is unconstitutional as it impairs vested property rights in pending causes of action.
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Fla. 3d DCA·
2022-02-09
The court affirmed findings that the Lawrences committed battery, exploitation of a vulnerable adult, and conversion against Hazel Bartelds, and invalidated a quitclaim deed they obtained from her after her brain surgery.
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S.D. Fla.·
2022-01-21
The court held that a general allegation that all conditions precedent have been met is sufficient to survive a motion to dismiss, and factual disputes regarding notice cannot be resolved at the pleading stage.
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Fla. 3d DCA·
2022-01-19
A defendant who received a Stand Your Ground immunity hearing prior to the effective date of the amended statute shifting the burden of proof to the State is not entitled to a successive immunity hearing based on the intervening statutory change. The amended statute applies only
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22 F.4th 970·
11th Cir.·
2022-01-05
The court held that the trespass claim was barred by the statute of limitations and the bankruptcy code precluded challenging property tax assessments when the time to do so had expired under nonbankruptcy law.
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M.D. Fla.·
2021-10-14
The court denied the motion to dismiss because the complaint sufficiently stated a claim, and the defendant's argument regarding failure to attach notice was based on state rules not applicable in federal court.
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M.D. Fla.·
2021-10-07
The court held that the plaintiff's allegations of trade secret misappropriation occurring on or after the Defend Trade Secrets Act's effective date were sufficient to establish subject matter jurisdiction.
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M.D. Fla.·
2021-09-29
Federal habeas relief is available only for constitutional violations, not state law errors, and claims not properly presented to state courts are procedurally barred unless cause and prejudice or manifest injustice is shown.
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M.D. Fla.·
2021-09-22
The court held that the plaintiff failed to plead with particularity the existence and submission of false claims, and therefore failed to state a claim under the False Claims Act.
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M.D. Fla.·
2021-06-29
The court denied the defendants' motion to dismiss, finding that the plaintiff's claims were sufficiently pleaded and that factual development was necessary.
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322 So. 3d 1189·
Fla. 3d DCA·
2021-06-02
The Residential Association lacked the power to suspend members' voting rights for nonpayment of assessments because the Condominium Declaration, recorded in 2006 with language limiting incorporation of the Condominium Act only "as amended through the date of recording," did not
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322 So. 3d 1189·
Fla. 3d DCA·
2021-06-02
This case involves a dispute between a residential condominium association and the developer/master association over the interpretation of governing documents and the validity of suspending member voting rights. The appellate court affirmed in part and reversed in part, clarifyin
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Fla. 3d DCA·
2021-05-26
Changes in sentencing law that are not constitutional in nature do not apply retroactively to cases that were final when the change was decided.
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The appellate court affirmed a defendant's sentence for drug trafficking, holding that a statutory amendment reducing the minimum weight for the offense did not apply retroactively to his case. The court remanded for correction of a scrivener's error in the judgment.