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495 So. 2d 1170·
Fla.·
1986-05-01
·cited 50×
The Florida Supreme Court held that the state has a statutory right to appeal pretrial suppression orders arising from motions in limine under Florida Rule of Appellate Procedure 9.140(c)(1)(B), rejecting the Third District's narrow interpretation that excluded such orders from a
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171 So. 2d 376·
Fla.·
1965-01-20
·cited 46×
Zabel and Russell sought permission from the Pinellas County Water and Navigation Control Authority to dredge and fill approximately 11.5 acres of submerged land in Boca Ciega Bay. The Florida Supreme Court held that the Authority erroneously placed the burden of proof on the app
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827 So. 2d 925·
Fla.·
2002-09-12
·cited 39×
The Florida Supreme Court consolidated two cases addressing the constitutional adequacy of hourly compensation rates for conflict counsel appointed in capital cases. The Court approved a $50 hourly rate in Sheppard & White but quashed the Second District's decision in Charlotte C
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131 So. 2d 480·
Fla.·
1961-06-21
·cited 36×
Although appellate courts have no absolute rule requiring opinions in all cases, when an appellate court reverses a lower court judgment, it should accompany that reversal with an opinion expressing the theory and reasoning for reversal to avoid leaving the trial court in doubt a
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182 So. 2d 401·
Fla.·
1966-02-02
·cited 29×
The Florida Supreme Court reviewed a District Court of Appeal decision affirming a jury verdict for inadequate damages, holding that the lower court misinterpreted prior Supreme Court precedent as establishing a new restrictive rule for reviewing inadequate verdicts. The Court cl
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308 So. 2d 629·
Fla. 3d DCA·
1975-01-21
·cited 28×
Allstate Mortgage Corporation appealed a Circuit Court order denying its petition for certiorari to review a zoning variance granted by Miami Beach's Board of Adjustment. The court reversed, holding that the Circuit Court erred by applying the wrong legal standard for variance re
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56 So. 2d 456·
Fla.·
1952-01-04
·cited 23×
The Supreme Court of Florida reviewed a circuit court's decision to quash an order suspending a liquor license. The court found that the circuit court erred in substituting its judgment for the director's regarding the weight of evidence, and reinstated the suspension order.
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312 So. 2d 733·
Fla.·
1975-04-16
·cited 20×
No conflict of decisions exists between District Court of Appeal opinions on the authority to divide jointly held property in dissolution proceedings where one opinion states a general principle and the other decision merely applies equitable estoppel based on waiver of objection
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288 So. 2d 476·
Fla.·
1974-01-16
·cited 20×
The Florida Supreme Court reversed a District Court dismissal of an appeal, holding that a post-trial motion tolls the appellate period when timely served on opposing counsel, even if filed with the clerk after the ten-day deadline. The Court clarified that service, not filing, i
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554 So. 2d 535·
Fla. 5th DCA·
1989-11-16
·cited 18×
The Florida Fifth District Court of Appeal reviewed a circuit court's decision that had overturned a county commission's denial of a landowner's zoning change request.
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992 So. 2d 330·
Fla. 3d DCA·
2008-10-01
·cited 17×
The State of Florida sought certiorari review of a trial court order excluding evidence of collateral crimes (two other armed robberies) in a case where ballistic evidence demonstrated the same firearm was used in all three robberies. The appellate court granted the petition, hol
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180 So. 2d 481·
Fla. 3d DCA·
1965-11-23
·cited 16×
Contributions in aid of construction receivable should not be deducted from a utility's rate base until actually collected, but costs incurred to collect them may be included.
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473 So. 2d 1387·
Fla. 4th DCA·
1985-08-21
·cited 12×
The City of Sunrise appealed a circuit court decision invalidating an annexation ordinance on grounds that the annexed property was not reasonably compact and created enclaves of unincorporated land. The appellate court upheld the invalidation, holding that Florida's annexation s
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679 So. 2d 39·
Fla. 2d DCA·
1996-08-16
·cited 8×
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385 So. 2d 1353·
Fla.·
1980-06-26
·cited 8×
The court held that the petitioner failed to demonstrate that the Florida Public Service Commission's order granting an expansion of operating rights was unsupported by competent substantial evidence or failed to comport with essential requirements of law.
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296 So. 2d 643·
Fla. 3d DCA·
1974-05-28
·cited 8×
Where a civil service employee has been denied due process through procedural departures and unconscionable delay in the administrative appeal of his dismissal, a circuit court may order his reinstatement and back pay upon certiorari rather than remand for a new hearing before an
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438 So. 2d 1076·
Fla. 2d DCA·
1983-10-19
·cited 6×
The court held that a trial court is obligated to order arbitration when a party claims breach of contract and no substantial issue exists regarding the making of the arbitration agreement, even if defensive pleadings have not yet been filed.
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589 So. 2d 1385·
Fla. 5th DCA·
1991-11-29
·cited 4×
The court reversed a trial court's decision that had overturned a Board of Adjustment's approval of screening plans for an existing junk yard. The appellate court held that the Board's only authority was to approve or disapprove the screening plan itself, not to determine whether
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311 So. 3d 898·
Fla. 1st DCA·
2020-01-21
·cited 3×
The appellate court reviewed a trial court's order concerning child timesharing and contempt findings. While the court found the order not directly appealable under a specific rule, it treated the appeal as a petition for writ of certiorari. The court granted the petition in part
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420 So. 2d 401·
Fla. 4th DCA·
1982-10-13
·cited 3×
Broward County sought a writ of certiorari to quash a trial court order awarding a special public defender $10,000 in fees for representing a defendant in a first-degree murder case, which exceeded the $3,500 statutory maximum under Florida law. The court held that Section 925.03
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929 So. 2d 1186·
Fla. 4th DCA·
2006-06-07
·cited 2×
The Fourth District Court of Appeal denied the petition for writ of certiorari because the circuit court applied the correct law and afforded due process, and second-tier review does not permit de novo review of the record or application of law to facts.
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367 So. 3d 1273·
Fla. 5th DCA·
2023-07-28
·cited 1×
A non-party's financial information is entitled to constitutional privacy protection in marital dissolution proceedings, and a discovery order compelling disclosure of such information without a relevant or compelling reason constitutes a departure from the essential requirements
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268 So. 3d 249·
Fla. 2d DCA·
2019-04-12
·cited 1×
Sherri Diamond petitioned for a writ of certiorari to quash a circuit court order transferring her class action lawsuit against Elvis Towing to county court. The court granted the petition, finding the circuit court erred in transferring jurisdiction when the alleged amount in co
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251 So. 3d 1026·
Fla. 2d DCA·
2018-07-27
·cited 1×
A district court may preclude a trial court from awarding appellate costs to the prevailing party in exceptional circumstances, particularly when the prevailing party's status results solely from the appellant's voluntary dismissal based on mootness caused by external proceedings
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Fla. 3d DCA·
2025-08-13
An order granting summary judgment is not a final, appealable order when a defendant's counterclaim remains pending and is inextricably intertwined with the adjudicated claims. An attorney's fees order that requires payment while leaving intertwined factual matters unresolved is
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Fla. 3d DCA·
2024-10-16
A trial court properly exercises its discretion in approving a Family Functioning Assessment requiring a parent to complete substance misuse services as a condition for return when the court considers relevant and material evidence of substance misuse in the record, even if such
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Fla. 3d DCA·
2024-07-03
A trial court properly exercises its discretion in approving conditions for return in a Family Functioning Assessment that require substance misuse services even when the parent's consent plea did not reference substance misuse, provided the court considers relevant and material
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Fla. 2d DCA·
2023-11-08
Evidence that a patient is argumentative, paranoid, gets agitated, and is threatening to staff, without testimony of recent behavior causing, attempting, or threatening serious bodily harm, is insufficient to meet the clear and convincing standard for involuntary placement under
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Fla. 1st DCA·
2023-07-19
The appellate court affirmed the denial of a writ of mandamus, finding that the Florida Commission on Offender Review properly denied parole based on the serious nature of the offenses and the petitioner's failure to complete recognized transitional programs. The court also noted
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Fla. 5th DCA·
2023-01-18
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Fla. 3d DCA·
2022-07-27
This case involves a commercial eviction where a tenant failed to pay rent into the court registry as ordered. The appellate court affirmed the default judgment against the tenant and quashed the trial court's order staying the writ of possession, emphasizing the landlord's statu
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309 So. 3d 259·
Fla. 3d DCA·
2020-11-25
The court denied Kirkconnell's appeal of the trial court's dismissal of her Rule 3.800(c) motion to reduce sentence as untimely, holding that the sixty-day filing deadline is jurisdictional and cannot be extended.
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Fla. 3d DCA·
2020-11-18
Severance of a replevin count from negligence and conversion counts was improper because the claims shared identical or substantially similar factual and legal issues, including questions of ownership, possession rights, and the validity of fraudulent documents, creating a risk o
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Fla. 3d DCA·
2019-07-24
Marglli Gallego appealed a lower court decision against Wells Fargo Bank, which the Third District Court of Appeal treated as a petition for writ of certiorari and denied. The opinion addresses standards for reviewing motions to dismiss, particularly regarding subject matter juri
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270 So. 3d 526·
Fla. 2d DCA·
2019-05-03
When a defendant files a sworn motion or affidavit alleging facts regarding an informant's involvement that, if true, would support a specific defense, the trial court is required to conduct an in-camera hearing before ordering disclosure of the informant's identity.
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Fla. 2d DCA·
2018-11-14
The court denied the Department's petition for writ of certiorari challenging the trial court's denial of the shelter petition.
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682 So. 2d 1190·
Fla. 4th DCA·
1996-11-13
When a complaint contains multiple counts including both an accounting claim and other legal claims, the trial court does not abuse its discretion by ordering discovery of financial information, including tax returns, before determining whether the party seeking the accounting ha
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613 So. 2d 1378·
Fla. 2d DCA·
1993-02-19
A former Tampa police officer sought a line-of-duty disability pension and, after the Pension Board denied his application, filed suit in circuit court alleging breach of contract, declaratory relief, and specific performance. The court held that review of the Board's quasi-judic
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40 Fla. Supp. 34·
Dade Cty. Cir. Ct.·
1974-01-11
Ulrich sought rezoning of 193+ acres in Dade County from agricultural and estate-use to residential and townhouse classifications to develop 700+ units. The circuit court upheld the county commission's denial of the rezoning application, holding that preserving agricultural use w