Case law

Colon v. Lakeview Loan Servicing, LLC

District Court, M.D. Florida · Jun 23, 2025

pauperis, the Court is obligated to review the complaint to determine whether it is frivolous, malicious, fails to state a claim upon which relief may be granted[,] or ... seeks monetary relief against a defendant who is immune … Indeed, despite her conclusory allegations, Plaintiff has not established a substantial likelihood of success on the merits.

Jackson v. Colombo

District Court, M.D. Florida · Dec 10, 2019

A claim is frivolous as a matter of law where, inter alia, the defendants are immune from suit or the claim seeks to enforce a right that clearly does not exist. Id. at 327. … In addition, a plaintiff must allege and establish an affirmative causal connection between the defendant’s conduct and the constitutional deprivation. Marsh v.

Jones v. Secretary, Department of Corrections (Putnam County)

District Court, M.D. Florida · Dec 5, 2022

of clearly established federal law, and was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings. … a review of the record and the applicable law, the Court concludes that the state court’s adjudication of the claim was not contrary to clearly established federal law, did not involve an unreasonable application of clearly

Kinard v. Centurion of Florda, LLC

District Court, M.D. Florida · Jun 30, 2020

FDOC acknowledges that Title II of the ADA generally abrogated the States’ Eleventh Amendment immunity but argues that in order for Kinard to take advantage of that abrogation, Kinard must establish that FDOC actually … To establish a prima facie case of discrimination under either the ADA or the RA, a plaintiff “must prove (1) that he is a qualified individual with a disability; (2) that he was either excluded from participation in or

BP Products North America, Inc. v. Oakridge at Winegard, Inc.

469 F. Supp. 2d 1128 · District Court, M.D. Florida · Jan 3, 2007

Here, Oak-ridge’s Objection fails to assert how any of BP’s acts or omissions establish any of the three elements of estoppel. … As the Magistrate Judge noted, while the exact language of the releases was not crafted during the July 28 conference call, the evidence clearly establishes that the parties all agreed to release all of their claims against

Mohamad

District Court, M.D. Florida · Jul 28, 2026

Moreover, the Eleventh Circuit has explained in a published opinion that whereas qualified immunity applies to public officials sued under the ECPA, the statute’s good faith reliance defense is “available to everyone.” … Tapley, 211 F.3d at 1216 (“[C]ourts should not infer that Congress meant to abolish in the [ECPA] that extra layer of protection qualified immunity provides for public officials simply because it included an extra statutory

Sewell v. D'Alessandro & Woodyard, Inc.

655 F. Supp. 2d 1228 · District Court, M.D. Florida · Sep 10, 2009

established this fact. … The entire subdivision need not qualify. Id.

People's Party of Florida v. Florida Department of State, Division of Elections

District Court, M.D. Florida · Jun 22, 2022

affirm, among other things, that he or she has been a registered member of the political party for 365 days before the beginning of qualifying period preceding the general election for which the person seeks to qualify. … The “inability to enforce its duly enacted [laws] clearly inflicts irreparable harm on the State.” Abbott v. Perez, 138 S. Ct. 2305, 2324 n. 17 (2018).

Mazon v. Tardif (In Re Mazon)

395 B.R. 742 · District Court, M.D. Florida · Sep 9, 2008

A finding of fact is not clearly erroneous unless the reviewing court on the entire record is left with the definite and firm conviction that the court erred. … I also held that certain annuities and IRAs were not exempt either because they had not been disclosed or because they did not otherwise qualify for the exemption under applicable Florida law.

Dressler v. U.S. Department of Education

District Court, M.D. Florida · Jul 22, 2021

“Because a defendant's status as a “debt collector” is an element of a plaintiff's claim under the Act, it was [plaintiff’s] burden to allege facts plausibly establishing that the Agency qualifies … Eleventh Amendment Immunity (Third Affirmative Defense) Florida DOE argues that Eleventh Amendment immunity bars recovery against the State of Florida’s Department of Education under the

United States v. Aguilar-Espinosa

57 F. Supp. 2d 1359 · District Court, M.D. Florida · Jun 30, 1999

The weapon is, at least, designed to shoot automatically and clearly falls within the first sentence of Section 5845(b). The weapon is patently a machine gun in the ordinary sense. … Both pleas were knowing and voluntary, which is established beyond reasoned doubt by the transcript of the rearraignment. 1 .

Macauley v. Collier County Sheriff Office

District Court, M.D. Florida · Oct 25, 2021

address sovereign immunity as a threshold question. … State sovereign immunity.

Greene

District Court, M.D. Florida · Mar 30, 2026

To the extent the state court proceedings remain pending, the abstention doctrine established in Younger v. Harris, 401 U.S. 37 (1971) would also require dismissing Plaintiff’s claims. … The amended complaint must clearly state the legal theory or theories upon which Plaintiff seeks relief and explain with factual allegations how defendant(s) are responsible.

Rameses, Inc. v. County of Orange

481 F. Supp. 2d 1305 · District Court, M.D. Florida · Apr 6, 2007

The other qualifier in section 3-129(6) requires that a dancer display or expose a specified anatomical area 18 in order to be *1324 criminally culpable under the statute. … The rebuttable presumption that shifted the burden in that case was North Carolina’s attempt to salvage what would clearly be an unconstitutional ordinance.

Sullivan v. Lake Region Yacht & Country Club, Inc.

996 F. Supp. 1463 · District Court, M.D. Florida · Mar 18, 1998

Conversely, in the ease at hand, Plaintiff has failed to establish a prima facie case of quid pro quo harassment. … Plaintiff has failed to establish that Defendant had actual or constructive notice.

Melse v. Capital Bank, N.A.

District Court, M.D. Florida · Oct 24, 2024

Meanwhile, Plaintiff has neither established nor attempted to establish diversity of citizenship jurisdiction. … The amended petition must clearly state the basis for the Court to exercise jurisdiction over Plaintiff’s claims.

Owens-Benniefield v. Nationstar Mortgage LLC

258 F. Supp. 3d 1300 · District Court, M.D. Florida · Jun 15, 2017

at least some of the conduct alleged qualifies as debt collection activity.' … Although Nationstar’s failure to realize earlier that the deed-in-lieu had been executed is relevant (Doc. #17 at ¶ 69), Owens-Benniefield should clearly allege whether Nationstar failed to investigate or merely investigated

Brunette v. Secretary, Department of Corrections (Hernando County)

District Court, M.D. Florida · Jul 3, 2023

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably applies that … Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one

Branch v. Tampa Police

District Court, M.D. Florida · Jan 19, 2022

Rich, 340 F.3d 1279, 1282 (11th Cir. 2003) (“Access to the courts is clearly a constitutional right, grounded in the First Amendment, the Article IV Privileges and Immunities Clause, the Fifth Amendment, … Branch alleges no facts to establish a plausible basis for relief under the Sixth Amendment.

Lender v. Unum Life Insurance Co. of America, Inc.

519 F. Supp. 2d 1217 · District Court, M.D. Florida · Sep 14, 2007

See Box 111 Firetower Rd., 920 F.2d at 792 (holding that an attorney’s negligence alone does not qualify for such relief) (citations omitted); Ake v. … Mini Vacations, Inc., 174 F.R.D. 110, 112 (M.D.Fla.1997) (holding negligence on the part of the attorney does not qualify for such relief) (citations omitted); Abbey v.