Cases

Third District Court of Appeal State of Florida Opinion filed July 7, 2025. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D24-1694 Lower Tribunal No. 24-793-CA-01 ________________ William Fuller, et al., Appellants,

HAWKES, C.J. Petitioner Jim Fuller — Clerk of Courts for the Fourth Judicial Circuit — has petitioned this Court to quash a trial court order denying his motion to dismiss a class action. The class action was brought against Fuller in his official capacity by cited drivers who claimed he acted improperly by recommending to the DMV that their licenses be suspended without first scheduling a court hearing. In the motion to dismiss

PER CURIAM. Following our opinion and decision reported as Tracton v. City of Miami Beach and Siedentopf, 616 So.2d 457 (Fla. 3d DCA 1992), the matter recurred in the trial court on the appellee’s motion for summary judgment, and the court entered a summary judgment for the defendant police officer. We reverse. A trial court cannot deviate from our earlier opinion and mandate which directed a new trial, Torres v

PER CURIAM. Affirmed. Monell v. Department of Social Servs., 486 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); Marx v. Gumbinner, 905 F.2d 1503 (11th Cir.1990); Phelan v. City of Coral Gables, 415 So.2d 1292 (Fla. 3d DCA1982).

PER CURIAM. Appeal quashed.

WELLS, Judge, dissenting from denial of Rehearing En Banc. I would grant rehearing en banc, withdraw the panel opinion, and affirm the order of the Department of Community Affairs which adopted the recommended order of the administrative law judge (ALJ) finding the small scale amendment at issue consistent with the Miami Comprehensive Neighborhood Plan. I would do so for the following reasons.

WELLS, Judge, dissenting from denial of Rehearing En Banc. I would grant rehearing en banc, withdraw the majority opinion, and affirm the order of the Department of Community Affairs which adopted the recommended order of the administrative law judge (ALJ), finding the small scale amendment at issue consistent with the Miami Comprehensive Neighborhood Plan. I would do so for the following reasons.

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ORDER DENYING PLAINTIFFS’ DAU-BERT MOTION TO EXCLUDE THE EXPERT OPINION AND TESTIMONY OF DR. BRYAN FULLER JAMES LAWRENCE KING, United States District Judge THIS CAUSE comes before the Court upon Plaintiffs’ Daubert Motion to Exclude the Expert Opinion and Testimony of Dr. Bryan Fuller (DE 75). This action concerns the constitutionality of two Miami Beach ordinances that prohi

PRELIMINARY INJUNCTION JAMES LAWRENCE KING, UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF FLORIDA THIS CAUSE comes before the Court upon Plaintiffs’ Renewed Motion for Preliminary Injunction (DE-27).‘The Court held a preliminary injunction hearing, which lasted five days and was spread out over three months. The Court renders this opinion with the benefit of having heard live testimony, documentary eviden

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical corr

HAVERFIELD, Judge. Plaintiff-appellant, Ana Artigas Mantei-ga, seeks review of the lower court’s order dismissing her complaint for want of prosecution. Plaintiff filed her complaint on October 28, 1970, in which she alleged that injuries she received were proximately caused by defendant City of Miami’s negligence in maintaining a public thoroughfare. On November 23, 1970 the city filed a motion to dismis

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BRUCE FULLER, Appellant, v. Case No. 5D16-2646 STATE OF FLORIDA,

Case: 19-12439 Date Filed: 09/25/2020 Page: 1 of 4 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12439 ________________________ D.C. Docket No. 1:18-cv-24190-RS WILLIAM O. FULLER, MARTIN PINILLA,

Third District Court of Appeal State of Florida Opinion filed October 10, 2018. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D17-2649 Lower Tribunal No. 17-17478 ________________ Bruce C. Matheson, Appe

ORDER DARRIN P. GAYLES, UNITED STATES DISTRICT JUDGE In this First Amendment action, the Plaintiffs, Alberto T. Fernandez, Henny Cristobol, and Patricia Ramirez, all current employees of the Miami-Dade County School District (the “District”), allege that the Defendant, the School Board of Miami-Dade County (the “School Board”), unlawfully took adverse employment action against them in retaliation for t

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION; AND GRANTING NRDC’S MOTION FOR LEAVE TO FILE AMI-CUS BRIEF EDWARD M. CHEN, United States District Judge As alleged in its complaint, Plaintiff CTIA — The Wireless Association (“CTIA”) is a not-for-profit corporation that “represents all sectors of the wireless industry, including but not limited to manufacturers o

ORDER Cecilia M. Altonaga, United States District Judge THIS CAUSE came before the Court upon Defendant, Miami-Dade County’s (the “County[’s]”) Motion to Stay Proceedings ... (“Motion to Stay”) [ECF No. 9], filed October 11, 2016. After a hearing [ECF No. 12] on the Motion to Stay, Plaintiff, Mark John Young (“Young”) filed his Response ... (“Response”) [ECF No. 13] on October 20, 2016. Miami-Dade County

MARCUS, Circuit Judge: Ellen Storck appeals from the district court’s entry of summary judgment based on its finding that Officer Joseph McHugh of the Coral Springs Police Department (“CSPD”) was entitled to qualified immunity in this § 1983 civil rights action. She claimed that Officer McHugh violated her rights under the Fourth Amendment when he falsely arrested her for obstru

ORDER ADOPTING REPORT AND RECOMMENDATION (docket no. 22) ; GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (docket no. 15); AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (docket no. 23) STEPHEN J. MURPHY, III, District Judge. In this matter, Plaintiff Gwendolyn Natasha Fuller brings 19 federal and state-law claims against Defendant Schoolcraft College and four of its administrators, Dr. Joy