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M.D. Fla.·
2021-11-15
Florida's Banking Statute of Frauds bars fraud claims based on oral representations regarding HAMP loan modifications and related credit agreements, including claims that the bank falsely stated eligibility requirements, misrepresented the status of application documents, or verb
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M.D. Fla.·
2021-11-15
The court held that Florida's Banking Statute of Frauds bars all of the plaintiffs' claims because they are based on alleged oral credit agreements that were not in writing and signed by the creditor.
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M.D. Fla.·
2021-11-15
Florida's Banking Statute of Frauds bars fraud claims based on oral representations regarding HAMP loan modifications and related credit agreements, including claims alleging false statements about HAMP eligibility, missing documents, and loan approval status, because such agreem
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M.D. Fla.·
2021-10-21
The court held that the plaintiff's amended complaint failed to cure deficiencies, lacked subject matter jurisdiction, and constituted a shotgun pleading, warranting dismissal.
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S.D. Fla.·
2021-10-08
The court recommended granting the defendant's motion for bill of costs in part, reducing the award by non-recoverable electronic delivery and handling fees.
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M.D. Fla.·
2021-10-06
The court held that the plaintiff's second amended complaint was an impermissible shotgun pleading and dismissed the case with prejudice.
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M.D. Fla.·
2021-08-16
The court held that it lacked subject-matter jurisdiction over the plaintiff's constitutional claims due to the Rooker-Feldman doctrine and that the ADA claim failed for insufficient pleading and being time-barred.
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M.D. Fla.·
2021-08-03
The court held that the plaintiff's complaint must be dismissed because it fails to state a claim, is an impermissible shotgun pleading, and certain claims are barred by Rooker-Feldman and Younger abstention doctrines.
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S.D. Fla.·
2021-07-26
The court held that it lacked subject matter jurisdiction upon the filing of the Second Amended Complaint because complete diversity was not established.
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M.D. Fla.·
2021-07-16
The court held that the Sheriff's motion to dismiss was granted in part and denied in part, allowing claims for ADA and Rehabilitation Act violations to proceed but dismissing the request for a declaration that Wanda Boudreau did not violate state law.
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M.D. Fla.·
2021-07-01
The court granted the plaintiff's request to file a notice of appeal but denied his motion to proceed in forma pauperis because the appeal was not taken in good faith.
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S.D. Fla.·
2021-06-07
A visually impaired inmate filed a civil rights action under 42 U.S.C. § 1983 alleging that a correctional sergeant used excessive force by spraying chemical agent directly into his surgically repaired eyes despite his nonresistance, and that the warden was deliberately indiffere
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M.D. Fla.·
2021-06-05
The court held that it lacked subject matter jurisdiction to review state court decisions and could not enjoin pending state criminal proceedings.
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M.D. Fla.·
2021-05-27
The court adopted the magistrate judge's recommendation to deny the plaintiffs' motions to proceed in forma pauperis and dismiss their amended complaint.
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M.D. Fla.·
2021-05-21
The court held that the plaintiff's repeated lawsuits, identical to previously adjudicated cases, are barred by the Rooker-Feldman doctrine and res judicata, and therefore granted motions to dismiss and enjoined the plaintiff from filing further actions without leave of court.
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S.D. Fla.·
2021-05-10
The court held that the plaintiffs' motion for reconsideration did not present new arguments or circumstances warranting a change in the prior dismissal order.
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M.D. Fla.·
2021-05-07
The court held that claims against state agencies are barred by sovereign immunity and dismissed for lack of subject matter jurisdiction, and that the complaint suffered from pleading defects, including shotgun pleading.
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S.D. Fla.·
2021-04-30
The district court correctly granted the motion to dismiss and denied the motion for leave to amend because the Rooker-Feldman doctrine bars federal jurisdiction over claims that effectively seek to nullify state court judgments.
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S.D. Fla.·
2021-03-19
The Court held that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine because the plaintiff's claims invited review and rejection of a state court judgment.
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S.D. Fla.·
2021-03-11
The court held that the removal was improper and the case should be remanded to state court.
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M.D. Fla.·
2021-02-25
The court held that the state court's denial of the petitioner's mandamus petition was not an unreasonable application of federal law or an unreasonable interpretation of the facts, and therefore denied the petition for writ of habeas corpus.
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S.D. Fla.·
2021-02-25
The court held that removal was improper because it was untimely and sought after final judgment in state court, and the defendant failed to establish federal subject matter jurisdiction.
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S.D. Fla.·
2021-01-31
The court held that it lacked subject matter jurisdiction due to the Rooker-Feldman doctrine and that the complaint was frivolous and subject to dismissal.
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M.D. Fla.·
2021-01-25
A judge is entitled to judicial immunity for actions taken in a judicial capacity, even if those actions are later vacated for lack of subject matter jurisdiction.
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S.D. Fla.·
2021-01-13
The court dismissed the case because it lacked subject matter jurisdiction and the Rooker-Feldman doctrine barred review of the state court's judgment.
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S.D. Fla.·
2020-12-29
The Court held that the Rooker-Feldman doctrine barred it from considering the motion for a temporary injunction because the motion sought to review and effectively nullify a state court judgment.
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S.D. Fla.·
2020-12-07
The court held that some of the appellant's appeals were duplicative of prior federal litigation and dismissed them, while others were barred by issue preclusion from state court, affirming the bankruptcy court's orders in part.
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S.D. Fla.·
2020-11-30
The court dismissed the pro se complaint because it failed to state a claim and lacked subject matter jurisdiction due to the Rooker-Feldman doctrine.
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S.D. Fla.·
2020-11-09
The court granted the motions to dismiss, finding the amended complaint failed to state a claim and was barred by the Rooker-Feldman doctrine.
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M.D. Fla.·
2020-09-01
The Court held that federal district courts lack subject-matter jurisdiction over claims that are inextricably intertwined with state court judgments, including claims to quiet title and violations of FDUTPA arising from a prior foreclosure action.
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M.D. Fla.·
2020-08-06
The federal court dismissed the case for lack of subject matter jurisdiction under the Rooker-Feldman doctrine, as the plaintiff's claims were inextricably intertwined with a prior state court foreclosure judgment.
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M.D. Fla.·
2020-07-24
The court denied the plaintiff's motion to vacate a void-ab-initio judgment, warning of sanctions for frivolous filings.
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M.D. Fla.·
2020-07-20
The court held that the plaintiff's civil rights complaint was barred by the statute of limitations and the Rooker-Feldman doctrine, and thus failed to state a claim upon which relief could be granted.
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N.D. Fla.·
2020-06-02
Federal district courts lack jurisdiction to review state court judgments under the Rooker-Feldman doctrine.
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S.D. Fla.·
2020-04-06
The court held that the plaintiff failed to state claims for breach of contract, constructive fraud, exploitation of disabled adult, and RICO due to insufficient pleading and application of legal doctrines like the economic loss rule.
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M.D. Fla.·
2020-04-01
The court held that the defendant's petition for removal was improper and dismissed it, remanding the case to state court.
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M.D. Fla.·
2020-03-26
The court struck the plaintiff's initial filings and granted her three weeks to file an amended complaint that complies with court rules and federal procedure regarding minor's names, and addresses potential jurisdictional issues.
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M.D. Fla.·
2020-03-25
The court held that judicial immunity bars the plaintiff's claims for retrospective declaratory and prospective injunctive relief against the defendant judge.
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M.D. Fla.·
2020-02-28
The court denied the plaintiff's third application for a temporary restraining order because she failed to establish a substantial likelihood of success on the merits and the court lacked subject matter jurisdiction under the Rooker-Feldman doctrine.
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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.·
2019-12-20
The court held that the Rooker-Feldman doctrine barred federal jurisdiction over claims challenging state court judgments, and thus dismissed federal claims with prejudice and declined supplemental jurisdiction over state law claims.
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M.D. Fla.·
2019-12-19
The court held that the Rooker-Feldman doctrine barred claims seeking review of a state court judgment, and negligence claims failed for lack of a duty of care because the defendant did not own the property at the time of the alleged incident.
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M.D. Fla.·
2019-12-06
A state court judge is immune from suit for damages and injunctive relief under § 1983 for actions taken in her judicial capacity, as the plaintiff has an adequate remedy at law through appeal.
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S.D. Fla.·
2019-12-06
The court held that claims against Judge Meadows were barred by judicial and sovereign immunity, and claims against attorney Hicks failed to state a claim. Claims against attorney Mildner were dismissed for failure to state a claim and ordered repleaded.
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M.D. Fla.·
2019-11-12
The court held that most of the plaintiff's claims were barred by the compulsory counterclaim rule or collateral estoppel, but granted leave to amend the Fair Credit Reporting Act claim.
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M.D. Fla.·
2019-11-08
The court held that a plaintiff seeking a temporary restraining order must establish a substantial likelihood of success on the merits, which was not met in this case.
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M.D. Fla.·
2019-10-31
The court adopted the magistrate judge's recommendation to deny the application to proceed in forma pauperis and dismiss the amended complaint.
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M.D. Fla.·
2019-10-24
The court held that it lacked subject matter jurisdiction to review the state court foreclosure action under either the Rooker-Feldman or Younger abstention doctrines.
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M.D. Fla.·
2019-10-15
Plaintiff's application for a temporary restraining order is denied because she failed to establish a substantial likelihood of success on the merits and the court lacks subject matter jurisdiction over claims challenging a state court judgment under the Rooker-Feldman doctrine.
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S.D. Fla.·
2019-10-11
A forum selection clause requiring litigation in federal court, even if it appears to circumvent the resident defendant rule, is enforceable if the rule is considered a procedural hurdle that can be waived, and the parties have unambiguously agreed to litigate in federal court.