807 Florida cases classified under this topic, plus 268 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that petitioners failed to prove by a preponderance of the evidence that they held a superior legal interest in the forfeited properties or that they were bona fide purchasers without cause to believe the property was subject to forfeiture.
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1993 U.S. Dist. LEXIS 9823·
S.D. Fla.·
1993-05-27
·cited 1×
The court denied Dade County's motions for judgment notwithstanding the verdict and for a new trial, finding sufficient evidence supported the jury's verdict and damages award.
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981 F.2d 136·
4th Cir.·
1992-12-02
·cited 1×
The court held that Kaiser's suit was properly characterized as a products liability action, not one for negligent repair, and that lost profits are not recoverable in strict liability for economic loss.
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972 F.2d 190·
8th Cir.·
1992-07-27
·cited 1×
The court held that Minnesota law requires a buyer to demonstrate reliance on an express warranty to succeed in a breach of warranty claim, and that the facts did not support a breach of the Property Warranty or the Financial Statement Warranty.
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957 F.2d 1102·
3d Cir.·
1992-02-28
·cited 1×
The court held that the exclusion of consequential damages in an invoice was a material alteration and did not become part of the contract under UCC § 2-207, and that plaintiffs sufficiently proved breach of implied warranties by demonstrating product malfunction without abnormal
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The court held that a debtor's failure to pay 100% of its debts to 100% of its creditors is sufficient to establish that the debtor is generally not paying its debts as they become due, even if there is only one creditor.
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874 F.2d 997·
5th Cir.·
1989-06-07
·cited 1×
A corporation that makes a bona fide attempt to incorporate and exercises corporate powers is a de facto corporation under Mississippi law, and such a corporation has sufficient rights in collateral to grant a security interest, even if it doesn't hold legal title.
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693 F. Supp. 1112·
S.D. Fla.·
1988-08-19
·cited 1×
Parties to a ship mortgage can contractually agree to use state law self-help remedies for repossession and private foreclosure, and such an agreement permits a deficiency judgment. Federal law provides the exclusive judicial foreclosure mechanism, but does not preclude contractu
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790 F.2d 1098·
4th Cir.·
1986-05-12
·cited 1×
The court held that a buyer's failure to return defective goods after rightful rejection does not constitute acceptance or waiver if the buyer has a security interest in the goods and the seller's instructions for return are unreasonable. The court also held that a seller's condi
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476 So. 2d 763·
Fla. 3d DCA·
1985-10-15
·cited 1×
Ladex Corporation appeals a summary judgment dismissing its insurance subrogee action against air and ground carriers for loss of frozen shrimp that were hijacked at Miami Airport. The court reverses, holding that whether Ladex paid its supplier is irrelevant to damages; what mat
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432 So. 2d 725·
Fla. 3d DCA·
1983-06-07
·cited 1×
The estate of Marion Cahill sued Commercial Bank & Trust Company for paying an ambiguous check written by its personal representative, Emmett McDonald, in the amount of $10,075 (numerals) versus $1,075 (written words). The court reversed the trial court's dismissal, holding the b
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399 So. 2d 402·
Fla. 3d DCA·
1981-06-02
·cited 1×
The court held that the implied warranty claim was governed by the Illinois Uniform Commercial Code's four-year statute of limitations, not the shorter personal injury statute. The negligence claims were time-barred.
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609 F.2d 239·
5th Cir.·
1980-01-04
·cited 1×
The court held that the Alabama Supreme Court's rulings on security interests and UCC priority disputes were correct, requiring summary judgment for the defendant.
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354 So. 2d 1227·
Fla. 3d DCA·
1978-01-24
·cited 1×
The court reviewed an appeal from an adverse summary judgment in a breach of contract action filed by an author against a university press for failing to publish his book as agreed.
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263 So. 2d 593·
Fla. 3d DCA·
1972-06-06
·cited 1×
The court held that a foreign perfected security interest in a boat is only continuously perfected in Florida for four months after the boat is brought into the state, after which it is subordinate to a properly perfected Florida lien.
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238 So. 2d 116·
Fla. 1st DCA·
1970-07-28
·cited 1×
Taylor Mobile Homes challenges Founders Investment Corporation's security interest in four new mobile homes that Taylor placed with a mobile home dealer for display and sale. The court certified a question regarding whether Taylor must comply with Uniform Commercial Code notice r
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226 So. 2d 120·
Fla. 3d DCA·
1969-07-22
·cited 1×
The court held that a bank, as a holder in due course, can recover funds actually dispersed from a check before a stop payment order, but not funds it voluntarily reversed as a credit on a loan.
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222 So. 2d 211·
Fla. 3d DCA·
1969-04-29
·cited 1×
A broker is not required to deliver specific stock certificates to a purchaser unless there is an agreement to do so.
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201 So. 2d 563·
Fla. 4th DCA·
1967-07-28
·cited 1×
Testimony regarding the existence or lack of a seal on an instrument is not barred by the Dead Man's Statute, similar to testimony about a signature.
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S.D. Fla.·
2026-02-12
The federal court dismissed the plaintiff's amended complaint, holding that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine and the prior exclusive jurisdiction doctrine, and that the claims failed to state a plausible legal claim.
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M.D. Fla.·
2026-01-12
The court held that the amended complaint was a shotgun pleading and dismissed it, but granted the plaintiff one final opportunity to amend.
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Del. Ch.·
2025-12-31
The Delaware Court of Chancery held that while derivative claims are barred due to the corporation's void status from unpaid franchise taxes, direct claims for breach of fiduciary duty related to the impairment of liquidation preferences are valid. The court found that the defend
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S.D. Fla.·
2025-12-08
The court held that the fraud claim was not barred by the independent tort doctrine or the UCC, but granted dismissal for failure to state a claim with particularity under Rule 9(b).
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M.D. Fla.·
2025-10-09
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted for any of the asserted causes of action.
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M.D. Fla.·
2025-10-07
The court held that the plaintiff's mortgage transaction was exempt from TILA rescission, the plaintiff failed to state a claim under RESPA due to a lack of alleged damages, and the complaint was a shotgun pleading. The court denied the motion to remand and granted the motion to
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M.D. Fla.·
2025-10-02
The court held that the defendant's "Standard Terms and Conditions of Sale" limited the plaintiff's remedies to repair or replacement of defective goods, and this limitation was not superseded by a different warranty in the defendant's proposal.
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S.D. Fla.·
2025-08-06
The court held that plaintiff's civil theft, conversion, and statutory claims are barred by the independent tort doctrine because they arise from the same contractual breach and are not independent torts. The conversion claim also fails for lack of specificity regarding the funds
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N.D. Fla.·
2025-07-18
The court held that the defendant's breach of contract and promissory estoppel claims were sufficiently pleaded, but dismissed the separate count for attorney's fees.
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Fla. 4th DCA·
2025-06-04
A bank establishes standing to foreclose when it presents evidence through a servicer's testimony that the loan was transferred to it before case inception, as documented in a pooling and servicing agreement and corresponding mortgage loan schedule, without requiring proof that t
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M.D. Fla.·
2025-05-05
The court granted in part and denied in part the motion to dismiss, allowing the breach of contract claim to proceed but dismissing the Sherman Act claim.
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M.D. Fla.·
2025-04-09
The court held that it lacks subject matter jurisdiction over the plaintiff's claims due to failure to state a claim, lack of federal question jurisdiction, and failure to establish diversity jurisdiction.
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Zeflon LLC, a reseller of COVID-19 antigen tests, sought payment of approximately $260,655 from World Reach Health, LLC, for tests allegedly delivered under multiple invoices, while World Reach disputed the quantities ordered, claimed undelivered shipments, and sought credits for
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S.D. Fla.·
2025-01-24
The court recommended granting the motion to compel arbitration, finding that the parties clearly and unmistakably delegated the issue of arbitrability to the arbitrator, and that the arbitration clauses in the DAA and DSA are enforceable.
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S.D. Fla.·
2025-01-03
The court held that nine federal counts based on criminal statutes do not create private causes of action and thus do not sustain federal question jurisdiction. The remaining two federal counts were deemed insubstantial and frivolous.
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The court granted in part and denied in part various motions in limine, precluding certain evidence and arguments from trial, particularly concerning damages, undisclosed intellectual property, and partnership theories.
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S.D. Fla.·
2024-08-24
A food broker sued a pork distributor for breach of contract, claiming to recover unpaid invoices for delivered products and losses from orders the distributor repudiated. The distributor counterclaimed for breach of warranty over defective ribs and storage fees. The court recomm
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N.D. Fla.·
2024-08-12
The court held that the plaintiff failed to state a claim for breach of fiduciary duty under ERISA, a federal regulation, or the Federal Reserve Act, and also failed to state a claim under the Truth in Lending Act due to the statute of limitations.
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S.D. Fla.·
2024-08-09
The court affirmed the magistrate judge's report and recommendation, finding that the asserted patents were invalid due to the on-sale bar, and granted summary judgment for the defendant.
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Fla. 4th DCA·
2024-07-17
A plaintiff may establish standing to foreclose a mortgage by proving it holds the note, regardless of whether it is recorded as the assignee, because the mortgage security follows the note.
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M.D. Fla.·
2024-07-17
A motion for default judgment was denied without prejudice because the plaintiff failed to adequately brief the elements of its claims and the entitlement to attorneys' fees.
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M.D. Fla.·
2024-07-11
Plaintiff Fitzgerald leased an SUV from Mercedes-Benz and stopped making payments, believing the lease was fraudulent based on sovereign citizen theories; the lender's servicer MBFS obtained a repossession, and Fitzgerald sued for fraud, FDCPA violations, discrimination, and othe
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M.D. Fla.·
2024-06-20
The court held that Bank of America was entitled to summary judgment because Western Wyvern Capital Investments LLC failed to establish claims for tortious interference, breach of contract, or breach of the implied covenant of good faith and fair dealing.
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M.D. Fla.·
2024-05-13
The court granted the plaintiff's application to proceed in forma pauperis, adopted in part a magistrate judge's report and recommendation, dismissing some claims without prejudice and others with prejudice, while allowing defamation and bankruptcy stay violation claims to procee
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M.D. Fla.·
2024-02-28
The court granted default judgment for breach of contract but denied it for fraud and negligent misrepresentation due to insufficient pleading.
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S.D. Fla.·
2024-02-28
The court held that a bank cannot be compelled to stop payment on its own cashier's checks and that the Uniform Commercial Code preempts common law claims related to such transactions.
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M.D. Fla.·
2024-02-05
The court granted Siemens' renewed motion for summary judgment, finding that the breach of warranty claim was barred by a contractual disclaimer, the fraud claims were barred by the independent tort doctrine, and the rescission claim based on failure of consideration was not reco
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M.D. Fla.·
2023-10-27
The court held that the plaintiff's amended complaint was a shotgun pleading that failed to state claims and lacked standing, warranting dismissal.
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M.D. Fla.·
2023-09-07
The court held that the plaintiff's amended complaint was a shotgun pleading and dismissed it without prejudice, granting one final opportunity to amend.
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M.D. Fla.·
2023-07-27
The court held that the plaintiff's complaint was a shotgun pleading that failed to state a claim and was dismissed without prejudice, granting leave to amend.
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Del. Super. Ct.·
2023-07-18
The Delaware Superior Court granted partial summary judgment on several issues. The court found that the limitation of damages provision in the Navigator Agreement did not apply to all contract claims, specifically those arising under Sections 2.4.1 and 3.3.1, which allow for a f