Florida District Courts of Appeal
48 published articles from this court.
Hector Medina's qualifying check was not "properly executed" because he signed it himself instead of his campaign treasurer, the Third District Court of Appeal held.
Florida's Second District ordered a new trial, holding a judge wrongly let jurors infer a driver's negligence from a motorcycle crash no one could explain.
A Florida appeals court revived three suits against Homeowners Choice, holding that an award attached to a billing email did not start the 20-day trial-demand clock.
The Second District Court of Appeal held that Florida's veterans' preference law binds employers whenever a promotional exam is used, reversing a state labor board.
The Second District held that HB 837's collateral source provision reaches only suits filed after March 24, 2023, and ordered a full retrial in a 2020 Tampa crash case.
The First DCA said Florida Housing wrongly required a "dedicated space" for on-site services but upheld Fern Grove's loss of SAIL funding on five-day-a-week findings.
The Fourth District upheld a tenant's and guarantor's liability for breaching a lease but threw out the $85,782.80 award, ordering a properly noticed damages trial.
The Fourth DCA held a homeowner's negligence suit over a pool-deck fall lacked a contractual nexus, despite contract terms disclaiming slip-and-fall liability.
The Third District rejected AvMed's challenge to Miami-Dade County's no-bid award of its employee health plan administration contract to Aetna.
A hospital with full access to a sealed arbitration award in its dispute with UnitedHealthcare showed no injury justifying early review, a Florida appeals court ruled.
The Sixth District held that two judgment debtors who ignored years of notices gave up their claim to 135 shares, blocking a rival creditor from seizing the stock.
Florida's Sixth District held that a landowner that allegedly knew its oak was rotten owed its neighbor a duty of care, and limited the 'Massachusetts rule' to healthy trees.
The Third District held the county did not have to use its own code-enforcement process before asking a court to enforce the fire code at Roy's Trailer Park.
The Fourth DCA held a lien recorded within 90 days of the actual end of work was timely despite a wrong date, and ordered an inquiry into whether the error hurt the owners.
A Florida appeals court quashed an order directing that public-records requesters be provided sealed insurer records before any ruling on whether the records hold trade secrets.
On rehearing, the Fourth District held that a 2020 rideshare law bars a rider's misrepresentation claims against Lyft, reaching well beyond vicarious liability.
Florida's Second District held that Section 230 shields Meta only from liability, not from having to litigate the state's suit over features aimed at young users.
The Sixth District held a Mount Dora wedding venue proved a likely nuisance but offered no evidence of lost bookings or other harm that money could not repair.
The Second District held that an unsigned repair contract with no price or scope of work was at best an agreement to agree, despite the condo's $818,266.02 payment.
The Fourth District held that Morey Wright Jr.'s incomplete campaign-depository form and improperly drawn fee check disqualified him despite the clerk's approval.
Florida's Third District held Kristen Martinez waived her bid to disqualify her former partner's lawyers by litigating for months after their fee mortgages were recorded.
The Third District held that pre-construction buyers at Wynwood Atriums gave up lien rights in their contracts and so cannot join the lender's foreclosure as lienholders.
A Miami farm's agritourism immunity turns on whether statutory warning signs were posted, and a visitor's testimony that none were there is a jury question, the Third District held.
The Third District held that an earth-movement exclusion did not bar, as a matter of law, a claim that demolition vibrations cracked a Miami house without moving the ground.
Forty-one former accident victims who accused doctors and clinics of faking surgeries lost their sixth attempt to plead a case, Florida's Fourth District ruled.
The Fourth District held a Broward County judge could not delete a 45-day fee deadline from a final judgment months after entry over a perceived legal error.
The Third District held that a homeowner's lead lawyer could not collect both current billing rates and prejudgment interest on a fee award against Citizens.
Florida’s Fifth District upheld dismissal of an inmate’s Baker Act suit, holding that clerks issue the summons a plaintiff presents but neither prepare nor serve it.
The Second District Court of Appeal held that the high bidder at a homeowners-association foreclosure sale was entitled to notice and a hearing before the sale was vacated.
The First DCA held that a specialty pharmacy improperly sought a declaratory statement about whether a pharmacy benefit manager may exclude it from a network.
Florida's Third District held a Miami-Dade judge could not deny partition of a jointly owned house without findings of fraud, oppression or manifest injustice.
The Third District held that a driver's alleged lack of a passenger endorsement could not support punitive damages over a minor rear-end crash by an empty shuttle bus.
The Fourth District referred a lawyer to the Florida Bar after an 82-page show-cause response that did not deny using AI and defended frivolous claims.
The Sixth District held that Citizens' timely payment of an appraisal award was not a confession of judgment because the homeowners' lawsuit did not bring about the recovery.
The Third District held that Florida's good-faith defense for recipients of a debtor's money applies only to actual-fraud claims, not constructive-fraud claims.
The Fourth District upheld a $71,582.98 retainage award against GSD Contracting but struck $45,300 a Broward judge added for work the subcontractor never performed.
The Fourth District held that a partnership agreement's exclusive Nevada venue clause covers claims a trial judge had found existed independently of the agreement.
The Third District held res judicata could not bar buyers' bid to recover deposits above 15% after the developer resold their five units for more than the contract price.
The Third District held that Outfront lacked standing to attack a rival's kiosk deal because it claimed no special injury and no breach of its own contract rights.
The Fifth District held that two insureds failed to prove they needed a 2.0 contingency multiplier to hire a lawyer, cutting their fee award to the $125,080 lodestar.
The Fourth District held that a purchase contract's fee clause did not let the couple who took over a buyer's contract collect legal fees from the buyer.
The Third DCA held that Resolvion, which never signed Juan Gonzalez's Honda lease, cannot use its arbitration clause against his tort claims over his car's seizure.
The Third District held that two unit owners' suit over the association's payments was derivative, so the presuit demand rules for such suits applied.
The First District held that sovereign immunity bars an estate's negligence claims over a disabled man's placement and care, and ordered judgment for all three defendants.
The First District held that a city charter amendment cannot undo a special law, even when the Legislature wrote that law into the city's charter.
The Fourth DCA held that a party may win appellate fees as a sanction for an opponent's fabricated case law, making the plaintiffs and their lawyer jointly liable.
On remand from the Florida Supreme Court, the panel again reversed leave to seek punitive damages against Federal Insurance Co. and William Douberley but affirmed as to Harold Peerenboom.
A First District panel held a Leon County grand jury overstepped by calling a $10 million Centene payment to Hope Florida "misappropriated" while charging no one.