Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.
Federal Circuit Cases : Justia
Federal District Cases: Federal Court Finder
Florida Specific: Justia
Case = decision = opinion
Synopsis = summary = brief
Published vs. unpublished
(Federal Appendix & Rules of Appellate Procedure)
Mandatory or persuasive authority (Jurisdiction & Venue)
"Overview: The deceased was killed in an accident, and the driver of other vehicle was insured by appellee insurer. After appellee paid claims to the deceased's fiancee, who was injured in the accident, and to the deceased's parents and appellant estate representative on behalf of the estate of the deceased, appellant brought a declaratory judgment action for the benefit of the deceased's after-born child."
"The grantor executed a testamentary trust, with the income from a specified portion to go to her nephew and his wife for life. After the death of the nephew and his wife, the principal of their share was to go to their children, including after-born children. The nephew and his wife disclaimed their interest, and appellant trustees brought suit for distribution to the four then-living children. The lower court allowed it, and on appeal, the court affirmed. It held that the gift of the trust to the children of the niece and nephew, as beneficiaries, was a vested remainder in those already born, subject to proportionate diminishment by the birth of additional children. A remainder to a class of children, grandchildren, or the like, was both accelerated and closed upon termination of the preceding life estate. Where the grantor sought to grant her beneficiaries, her nephew and his wife, income during their lives simply as a benefit for them, rather than as a means of postponing the distribution of the corpus, and they disclaimed their interests, the court held that there was no reason for any subsequent delay in the distribution and receipt of the principal."
"Decedent executed a codicil to his last will three months prior to adopting appellee infant daughter and did not revise his will again before his death a few months later. Appellant will beneficiaries sought review of the decision of the lower court in favor of appellees, decedent's estate, adopted infant daughter of decedent, and decedent's wife. On appeal, the court affirmed the lower court decision holding that Fla. Stat. ch. 731.11, which provided that pretermitted children were to receive an intestate estate share unless the omission appeared intentional, was to be read together with chapter 731.30, which provided that adopted children were to be regarded as lineal descendants of adopting parents, and chapter 72.22, which provided that adopted children were to be the child and legal heir of the adopting parents with all rights and privileges of children born to the parents. The court thus held that a pretermitted adopted child should receive the same estate share as a natural pretermitted child."
"HOLDINGS: [1]-Given two reasonable interpretations of the Florida statute at issue, Fla. Stat. § 742.17(4), and the lack of Florida case law on the issue, it was the better option to certify the dispositive issue to the Florida Supreme Court; [2]-Under Florida law, was the child, posthumously conceived through a sperm donor, provided for in the decedent's will within the meaning of Fla. Stat. § 742.17(4); [3]-If the answer was yes, did Florida law authorized a posthumously conceived child who was provided for in the decedent's will to inherit intestate the decedent's property."
