The issue presented for our review is whether a municipal ordinance criminalizing “loitering with intent to commit prostitution� is facially unconstitutional. We find that the ordinance is overbroad and vague, and as such, we affirm the trial court which correctly found this ordinance unconstitutional.

Appellee was charged with violating the City of West Palm Beach ordinance regarding â... More...   $0 (05-08-2013 - FL)

Atheists of Florida and Ellenbeth Wachs, Director of the Lakeland Chapter
of the Atheists of Florida, (collectively “AOF�), appeal from the district court’s
order denying their motion for summary judgment and granting summary
judgment in favor of the City of Lakeland, Florida and its mayor, Gow Fields,
(collectively “Lakelandâ€� or “Lakeland Cityâ€�) in this action filed ... More...   $0 (03-26-2013 - FL)

Todd M.J. Schnitt sued Bubba "The Love Sponge" Clem on a defamation claim theory seeking damages caused by a "radio war" between the rival talk radio show hosts. Plaintiff claimed that he had been under attack for five years from what he called "Bubba's Army."

Defendant claimed that his actions were examples of free speech under the first amendment. He denied wrongdoing.


... More...   $0 (01-31-2013 - FL)

The parties to the instant appeal were once romantically involved. Some years after the end of their romantic relationship, Leibel sued Vrasic, alleging that, in the intervening years, she had engaged in a pattern of harassment, i.e., she hacked into his email—sending offensive letters and a naked photograph of him to those on his contact list—and created a website, using his name, to pre-sell... More...   $0 (01-15-2013 - FL)

Miami Children’s Hospital Foundation, Inc. (MCHF), appeals a trial court’s order finding Miami Care Foundation, Inc. (Miami Care), to be the intended beneficiary of a pourover trust from the Estate of Elaine B. Hillman. At issue in this case is whether the trial court erred in concluding that there was an ambiguity in the trust document in order to conclude that Miami Care should be the benefi... More...   $0 (10-10-2012 - FL)

As trustee of the Carlton W. Morey, Jr., Revocable Trust, Kevin A. Morey (Trustee), appeals the trial court’s ruling that life insurance proceeds payable to the trust were not, by virtue of the provisions on the subject in the trust instrument, exempt from the claims of creditors of the estate of his brother, Carlton W. Morey, Jr. (decedent), and also appeals the denial of a supplemental petitio... More...   $0 (07-26-2012 - FL)

This case concerns a statutory regulation affecting public insurance adjusters, who are authorized to assist insureds and thirty-party claimants in the filing and settlement of insurance claims. We have on appeal Kortum v. Sink, 54 So. 3d 1012 (Fla. 1st DCA 2010), in which the First District Court of Appeal declared invalid section 626.854(6), Florida Statutes (2008), a provision regulating solici... More...   $0 (07-05-2012 - FL)

Mathew Rocca challenges an order admitting a will executed by his grandfather, Sidney Boyansky, on November 16, 2007, into probate and appointing appellees, Irene Boyansky, his widow, and Victor K. Rones, Esq., as personal representatives of his estate. Rocca argues that because he filed a caveat and challenge to the validity of the will prior to the appointment of Irene Boyansky and Victor Rones ... More...   $0 (02-01-2012 - FL)

Curtis Sherrod filed this action against the defendants pursuant to 42 U.S.C. § 1983 claiming that he was terminated as a teacher and employee of the Palm Beach County School District in retaliation for exercising his First Amendment rights. At all relevant times, Arthur Johnson was Superintendent of Schools, and Gloria Crutchfield served as Principal of Roosevelt Middle School where Sherrod was ... More...   $0 (01-23-2012 - FL)

In this Section 1983 case, four homeless plaintiffs challenge the constitutionality of two ordinances in the City Code of St. Petersburg, Florida (the “City�) and of the City’s enforcement of the ordinances.

One ordinance, Section 20-30 (or, the “trespass ordinanceâ€�), authorizes certain city agents to issue a temporary trespass warning for specific city land -- in effect, an exclu... More...   $0 (10-05-2011 - FL)

In this Section 1983 case, four homeless plaintiffs challenge the constitutionality of two ordinances in the City Code of St. Petersburg, Florida (the “City�) and of the City’s enforcement of the ordinances.

One ordinance, Section 20-30 (or, the “trespass ordinanceâ€�), authorizes certain city agents to issue a temporary trespass warning for specific city land -- in effect, an exclu... More...   $0 (09-28-2011 - FL)

The underlying controversy in this case is over how the First Baptist Church of Micanopy, Inc., (“Churchâ€�) should be governed. The parties have divergent beliefs about church governance, and their disagreement fueled a struggle for control of the Church. Their power struggle ended up in circuit court, where the ousted group sued the Church and its pastors for breach of fiduciary duty. The plai... More...   $0 (09-16-2011 - FL)

The Appellants, Christopher Forrest and The Forrest Law Group, challenge a nonfinal, temporary injunction, enjoining them "from posting, publishing, disseminating, or maintaining materials from the video depositions" of the individual Appellees "until further order" of the circuit court and directing them to remove the video depositions from YouTube.1 We reject the Appellants' argument that the in... More...   $0 (06-29-2011 - FL)

This appeal presents the question whether a municipal ordinance that limits the number of feedings of large groups that any person or political organization can sponsor in centrally located parks violates the First Amendment. A political organization, Orlando Food Not Bombs, contends that an ordinance that, as applied, restricts the frequency of its feedings of homeless persons in any park within ... More...   $0 (04-12-2011 - FL)

In this case, we consider whether a business may sue a municipality under 42 U.S.C. § 1983 to recover damages it sustained by cautiously complying with an ordinance that the business claims is unconstitutionally vague under the Fourteenth Amendment. The business does not engage in any constitutionally protected activities under the First Amendment or any other provision of the United States Const... More...   $0 (03-11-2011 - FL)

The question this appeal presents is whether Florida’s license requirement for interior designers practicing in commercial settings within the state violates the United States Constitution. The district court held that the license requirement is constitutional under each of the provisions Appellants’ relied on to challenge it: the First Amendment, the Dormant Commerce Clause, and the Equal Pro... More...   $0 (03-01-2011 - FL)

Anonymous Plaintiffs-Appellants J, S, B, and V sued Joseph R. Francis and Mantra Films, Inc., MRA Holdings, LLC, and Aero Falcons, LLC—companies owned or controlled by Francis—for damages stemming from films the Defendants produced in which the Plaintiffs, while under the age of eighteen, exposed their breasts and engaged in sexually explicit acts. The Plaintiffs filed a motion to maintain the... More...   $0 (02-11-2011 - FL)

At issue today is the constitutionality of an ordinance that the Manatee County, Florida Board of County Commissioners (“the Boardâ€�) adopted to regulate sexually oriented businesses in Manatee County (“the Countyâ€�). Peek-a-Boo Lounge of Bradenton, Inc. (“Peek-a-Booâ€�), an adult dancing establishment in Manatee County, along with two similar establishments, sued 1 the County claiming tha... More...   $0 (01-21-2011 - FL)

Martin Mulhall (“Mulhallâ€�), an employee at the Hollywood Greyhound Track, Inc., d/b/a Mardi Gras Gaming (“Mardi Grasâ€�), appeals from the district court’s dismissal of his complaint against Mardi Gras and UNITE HERE Local 355 (“Uniteâ€�), a labor union, for violations of § 302 of the Labor Management Relations Act (“LMRAâ€�). Mulhall sued Unite and Mardi Gras to enjoin enforcement of... More...   $0 (09-10-2010 - FL)

Lowell Joseph Kuvin (“Kuvinâ€�) appeals the trial court’s order denying his motion for summary judgment, granting the City of Coral Gables’ (“the Cityâ€�) motion for summary judgment, and issuing a final declaratory judgment in favor of the City. Upon en banc review, we affirm the trial court’s order upholding sections 8-11 and 8-12 of the City’s zoning code (“Zoning Codeâ€�) as a va... More...   $0 (08-25-2010 - FL)

This case is about a local government regulating the manner in which some of its parks are used. We decide whether the City of Orlando’s Large Group Feeding Ordinance, as applied to First Vagabonds Church of God and Orlando Food Not Bombs, violates the First and Fourteenth Amendments to the United States Constitution. We also decide whether the ordinance, as applied to First Vagabonds Church of ... More...   $0 (07-07-2010 - FL)

In May 2007, Plaintiff-Appellee David Dermer sued Defendant-Appellant Miami-Dade County, inter alia, for declaratory and injunctive relief against Ordinance 06-167 (“the Ordinanceâ€�) on the ground that it violated his right to free speech under the First Amendment. Miami-Dade now appeals from an order of the United States District Court for the Southern District of Florida that partially grante... More...   $0 (03-15-2010 - FL)

Beta Upsilon Chi a/k/a Brothers Under Christ (“BYXâ€�) is a Christian fraternity. In 2007, the University 1 of Florida (“UFâ€� or “Universityâ€�) denied BYX official recognition because of its refusal to adhere to UF’s nondiscrimination policy. BYX thereafter brought this action for declaratory and injunctive relief against the University2 claiming that UF, by requiring it to comply with t... More...   $0 (10-27-2009 - FL)

Amnesty International (“Amnestyâ€�) appeals the dismissal of its complaint against police officers Louis Battle and Thomas Cannon brought pursuant to 42 U.S.C. § 1983 and alleging violations of its First Amendment rights during a protest rally. The district court found that Battle and Cannon were entitled to qualified immunity. We hold that Amnesty’s complaint properly states a valid claim al... More...   $0 (02-23-2009 - FL)

Florida Family Policy Council, Inc. is a nonprofit organization that distributes questionnaires to judicial candidates in order to gather and publish their views on legal and political issues. Florida Family’s attempts to gather judicial candidates’ views, however, have been hampered in part by Canon 3E(1) and 3E(1)(f) of the Florida Code of Judicial Conduct. Those provisions address situation... More...   $0 (03-08-2009 - FL)

This action arises out of a contract between Donald Maynard and the University of South Florida ("the University") that regulated the terms and conditions of Maynard's participation as a resident in the University's surgical residency program.

The University's decision to terminate Maynard from the program resulted in both state and federal litigation, culminating in the instant appeal.
... More...   $0 (01-16-2009 - FL)

This case involves Florida’s Pledge of Allegiance statute, section 1003.44(1), Florida Statutes (“Pledge Statute�), which applies to students at all grade levels from kindergarten to twelfth grade. The statute states, in pertinent part:

The pledge of allegiance to the flag . . . shall be rendered by students. . . . The pledge of allegiance to the flag shall be recited at the beginning... More...   $0 (07-23-2008 - FL)

Respondent Anna Paula P. da Silva, the former school director of Church of the Isles Community Christian School, sued Petitioners Mark Mendes, the Church's Senior Minister, and Dan Waller, the Church's Moderator, for libel and slander. Mendes and Waller moved to dismiss the complaint on First Amendment grounds, claiming that "the continued litigation of the action would require the court to ex... More...   $0 (05-13-2008 - FL)

Michael Hadley filed pro se a civil rights complaint under 42 U.S.C. § 1983 against Miami Beach police officers German Gutierrez an... More...   $0 (05-06-2008 - FL)

Defendants denied wrongdoing.... More...   $1000000 (03-22-2008 - FL)

Mr. Fernandez was terminated from his position as Assistant Dean of Information Technology at Barry University. Mr. Fernandez, through counsel, filed a complaint against defendants asserting claims for tort, contract and ... More...   $0 (01-30-2008 - FL)

Alan, a practicing attorney, was arrested in 2004 and charged with accessory after the fact to murder, threats or extortion, tampering with a witness, and solicitation to commit perjury. After his acquittal in June 2005 he filed... More...   $0 (01-12-2008 - FL)

Adis M. Vila, former Vice President of External Affairs for the Miami-Dade Community College (MDCC or College) appeals the district court's entry of judgment as a matter of law to Defendant Eduardo Padrón in his official capacity as MDCC President on Vila's First Amendment retaliation claim brought under 42 U.S.C. § 1983. We are asked to decide whether Padrón failed to renew Vila's employm... More...   $0 (04-26-2007 - FL)

Gary Mitchell, a former part-time employee of Hillsborough County ("the County"), appeals the district court's entry of judgment in favor of the County after a bench trial on his First Amendment retaliation claims brought pursuant to 42 U.S.C. § 1983. We are asked to decide whether distasteful comments made by Mitchell before the Hillsborough County Board of County Commissioners ("BOCC") t... More...   $0 (11-03-2006 - FL)

The defenses asserted by the defendant are not available.... More...   $175000 (12-31-2004 - FL)

He claimed that the district administration interfered with his safety concerns for Lee County schools and discouraged him from citing contractors for flaws he felt would have had harmful effects on the safety of... More...   $400000 (11-11-2004 - FL)

1 One banner read, "Karen Bruner is An Incompetent County Official." Karen Bruner is the public off... More...   $0 (02-25-2004 - FL)

This appeal arises from an action by Deborah Rice-Lamar (Lamar) against the City of Fort Lauderdale (City) pursuant to the Florida Whistleblower Act, section 112.3187, Florida Statutes (Supp. 1996). Lamar alleged that she was fired from her position as the City's Affirmative Action Specialist because she attempted to express her opinion regarding the City's alleged discriminatory practices... More...   $0 (09-17-2003 - FL)

Appellants, Top Rank, Inc. (Top Rank), America Presents, Ltd. (America Presents), and Showtime Networks, Inc. (Showtime), argue on appeal that the trial court erred in determining that section 548.06, Florida Statutes, which imposes a 5% tax on boxing promoters, did not violate the freedom of speech provisions of the First Amendment of the United States Constitution. Showtime additionally argu... More...   $0 (01-10-2003 - FL)

Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc., challenges the Department of Transportation's Final Order which concluded that, in accord with §479.16(1), Florida Statutes, appellant's billboard sign was not an on-premises sign and was therefore subject to permitting requirements pursuant to Chapter 479, Florida Statutes. We affirm the Department's rulings on this issue withou... More...   $0 (12-31-2002 - FL)