Case law

Paris

District Court, M.D. Florida · Feb 19, 2026

Paris argues that the trial court’s decision is not only “wrong as a matter of law” but also an unreasonable application of clearly established federal law under § 2254(d)(1). (Reply at 2). … establish what level of definiteness or formality might suffice for an overture by the government regarding a potential plea to qualify as an “offer” in this context.

Howard v. Secretary, Department of Corrections (Polk County)

District Court, M.D. Florida · Apr 10, 2025

“The focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable[;] . . . an unreasonable application is different from an incorrect one.” Bell v. … The phrase “clearly established Federal law” encompasses only the holdings of the United States Supreme Court “as of the time of the relevant state-court decision.” Williams, 529 U.S. at 412.

Hodge v. Secretary, Department of Corrections (Duval County)

District Court, M.D. Florida · Jan 21, 2025

If the claim was “adjudicated on the merits” in state court, § 2254(d) bars relitigation of the claim unless the state court’s decision (1) “was contrary to, or involved an unreasonable application of, clearly established … State, 700 So. 2d 370, 373 (Fla. 1997)] establishes a per se rule for the definition of common pocketknife, the rule may only be invoked by a defendant who establishes conclusively that the knife in question has a blade

Garcia Ex Rel. Estate of Garcia v. Vanguard Car Rental USA, Inc.

510 F. Supp. 2d 821 · District Court, M.D. Florida · Mar 5, 2007

Catrett, 477 U.S. 317 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986), the moving party bears the initial burden of establishing the nonexistence of a triable issue of fact. … Stat. § 324.021 (9)(b)(2) clearly compel the conclusion that the Plaintiffs’ claims against the Lessor Defendants are preempted.

Durso v. SUMMER BROOK PRESERVE HOMEOWNERS ASSOCIATION

641 F. Supp. 2d 1256 · District Court, M.D. Florida · Jun 23, 2008

Boehm, Pearlstein & Bright, Ltd., 119 F.3d 477, 482 (7th Cir.1997) (past-due assessments for common expenses owed to a condominium association qualify as debts under the FDCPA). … Response in opposition to the Summer Brook Preserve Defendants’ Motion to strike, in which he states: "The instruction to limit the amendment to a short and plain statement of the claim showing why he is entitled to relief' clearly

Kearney Partners Fund, LLC ex rel. Lincoln Partners Fund, LLC v. United States

946 F. Supp. 2d 1302 · District Court, M.D. Florida · May 22, 2013

The APA establishes a broad presumption of judicial review of final agency action. 5 U.S.C. § 702 . … Judicial review, however, is the rule, and non-reviewability is a narrow exception which must be clearly demonstrated. Greenwood Utils. Comm’n v.

Jennings v. Secretary, Department of Corrections (Sarasota County)

District Court, M.D. Florida · Sep 5, 2024

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 … 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.”

Diggs v. Ovation Credit Services, Inc.

District Court, M.D. Florida · Mar 27, 2020

not for resale and is 6 “The determination of whether an establishment qualifies as retail is a matter of law for the court.” … That it was the intent of Congress to exclude such businesses from the term ‘retail or service establishment’ is clearly demonstrated by the legislative history of the 1949 amendments and by the judicial construction given

Jones v. Bank of America

985 F. Supp. 2d 1320 · District Court, M.D. Florida · Nov 19, 2013

Plaintiff alleges that she was employed by Defendant as a Vice President/Sales Manager, a position for which she was qualified, and that she was terminated on August 11, 2009, even though other younger vice presidents were … A plaintiffs complaint is permitted to “amplify, clarify, or more clearly focus” the allegations made by the plaintiff in an earlier administrative charge. Gregory, 355 F.3d at 1279-80 .

Citron v. Wachovia Mortgage Corp.

922 F. Supp. 2d 1309 · District Court, M.D. Florida · Feb 12, 2013

With respect to the claim for rescission, the testimony at trial established that the amount Plaintiffs need to tender to rescind is $688,150.14. … for loan modifications under the HAMP or MAP2R guidelines and who are otherwise qualified for a short-sale or deed-in-lieu of foreclosure under HAFA or Wells Fargo’s internal guidelines.

Hall v. Seargeant Samuels

District Court, M.D. Florida · Aug 17, 2023

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. … 209, 220 (2009) (“The 14th Amendment’s Due Process Clause protects persons against deprivations of life, liberty, or property; and those who seek to invoke its procedural protection must establish

Owens v. Conglobal Industries, LLC

District Court, M.D. Florida · Apr 29, 2024

As discussed herein, identification of a comparator is required to establish a prima facie case of discrimination under the McDonnell Douglas test, but discrimination claims may also be established by direct evidence … To establish a prima facie case of race discrimination, Owens must show: (1) he is a member of a protected class; (2) he was qualified for the position; (3) he suffered an adverse employment action; and (4) he was replaced

United States v. Maali

346 F. Supp. 2d 1226 · District Court, M.D. Florida · Aug 8, 2004

Defendants contend that the area is clearly a separate business from the Big Bargain World store at 6454 International Drive, with a separate address, 6458 International Drive. … This doctrine was established in United States v.

Modern, Inc. v. Florida, Department of Transportation

381 F. Supp. 2d 1331 · District Court, M.D. Florida · Apr 14, 2004

In his Recommended Order, the ALJ found that the Titusville Subdivision Plat established a drainage system of intersecting canals. (Id. at ¶ 17). … The Quiet Title Act waives sovereign immunity to suits that seek “to adjudicate a disputed title to real property in which the United States claims an interest .... ” 28 U.S.C. § 2409a(a).

Anderson v. Secretary, DOC (Collier County)

District Court, M.D. Florida · Sep 8, 2020

Stat. (2014) where Appellant does not qualify? (Ex. 9.) … The record clearly shows that Anderson exclusively argued that the PRR statute, section 775.82(9), did not apply to him based on the text of the statute and the Florida courts’ application of that state statute.

Lemay v. UCMS, LLC

District Court, M.D. Florida · May 21, 2024

If the plaintiff establishes her prima facie case, the burden shifts to the defendant to articulate a legitimate reason for the adverse action. Id. … Lemay never clearly pinpoints her disability.

Mace v. M&T Bank

District Court, M.D. Florida · Feb 23, 2021

But that case dealt with the absolute quasi-judicial immunity law enforcement officers enjoy from civil rights actions under 42 U.S.C. … Mace Has Not Established a Claim for Malicious Prosecution.

Abrams v. Don Hunter

910 F. Supp. 620 · District Court, M.D. Florida · Dec 28, 1995

It would not be reasonable to impose such an absolute and clearly unworkable responsibility on prison officials.” Gullatte, 654 F.2d at 1012 . … The Court held: Section 1983 provides judicial remedies to a claimant who can prove that a person acting under color of state law committed an act that deprived the claimant of some right, privilege, or immunity protected

Wickboldt v. Massachusetts Mutual Life Insurance Company

District Court, M.D. Florida · Sep 5, 2019

To qualify for monthly total disability benefits under this rider you must meet three conditions: e you must be totally disabled. … Wickbold repeatedly concedes this in his filings, the Court deems this point established.

Harbor Breeze AMI, LLC v. City of Holmes Beach, Florida

District Court, M.D. Florida · Jun 7, 2023

However, the plaintiffs agree to dismiss Chief Tokajer “provided that the City agrees it is not entitled to Eleventh Amendment immunity and that it is the properly named defendant.” (Doc. 26, p. 2). … school session or class thereof” and found the language “clearly analogous.” Id.