1,065 results for 'court:"Florida Courts Of Appeal"'.
Per curiam, the appeals court finds that the trial court properly granted summary judgment to the American Association of Orthopaedic Surgeons and American Academy of Orthopaedic Surgeons in this defamation and civil conspiracy case. The suing physician alleges there were genuine issues of material fact remaining in his claims for defamation and conspiracy, which should have precluded summary judgment. The case is remanded to fix a typographical error; “the order should have dismissed Counts II-XVII.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 17, 2024, Case #: 6D23-1614, Categories: Defamation
J. Pratt finds the administrative law judge properly ruled in favor of the gaming commission in the gaming license holders' challenge to a rule that bars card room license holders from gambling where they work. The commission's authority under Florida statutes encompasses the regulation of card room operations, including the rule the license holders dispute, so their challenge fails. Affirmed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: May 17, 2024, Case #: 22-1477, Categories: Administrative Law, Agency
J.Traver finds the trial court improperly dismissed this medical malpractice lawsuit in favor of the physician and medical institutes brought by a patient who allegedly failed to submit a corroborating expert affidavit from a board-certified gynecological oncologist. She did submit such an expert, and the trial court’s interpretation of the expert’s qualifications was incorrect. Both physicians are board-certified OB-GYNs and the patient complied with the prerequisites. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: May 17, 2024, Case #: 6D23-1413, Categories: Experts, Medical Malpractice
J. Jay finds the trial court improperly denied the property owner's motion for attorney fees stemming from the contractor's attorney knowingly making legally unsupported arguments at trial. The property owner's knowledge that the contractor was unlicensed at the time it was hired for a remodeling project is irrelevant to the substance of the contractor's attorney's breach of contract complaint, which it filed despite knowing such a claim was untenable because the contractor was unlicensed. The case is remanded for the trial court to determine the appropriate amount of fees to award to the property owner. Reversed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: May 17, 2024, Case #: 23-1393, Categories: Attorney Fees, Contract
J. Morris grants the trust fund trustee’s petition for writ of prohibition and quashes an order appointing division of inspector general. The trial court lacked jurisdiction to enter its sua sponte order.
Court: Florida Courts Of Appeal, Judge: Morris, Filed On: May 17, 2024, Case #: 2D2023-2436, Categories: Trusts
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Per curiam, the appeals court finds that the lower court improperly adjudicated appellant guilty of indirect contempt in his dependency case. The community care provider’s testimony relating to appellant’s alleged rule violations is not an affidavit. Furthermore, the provider testified she had “no personal knowledge of the relevant facts” of the case. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 17, 2024, Case #: 2D2023-1300, Categories: Contempt
J. Scales finds the trial court did not err by not granting the siblings' demand that it sign a proposed order granting them summary judgment on their claim of professional negligence against their former attorneys. Although the trial court did say in March of 2022 that it intended to sign an order granting partial summary judgment after orally granting judgment on the claim, the siblings' petition for a writ of mandamus ordering the trial court to sign such an order cannot be granted because that act is not "purely ministerial."
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 15, 2024, Case #: 24-0351, Categories: Judiciary, Negligence, Legal Malpractice
J. Forst finds that the lower court improperly discharged defendant’s felon charge of possession of a firearm. Defendant had waived his right to a speedy trial by moving to continue the case and failing to ask for a speedy trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: May 15, 2024, Case #: 2023-1745, Categories: Speedy Trial
J. Damoorgian finds that the lower court improperly awarded attorney fees to a subcontractor in this dispute arising from the construction of a sugarcane bagasse processing facility. As the total amount awarded to the subcontractor was at least 25% less than the total proposal amount, defendants were entitled to an award of attorney fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Damoorgian, Filed On: May 15, 2024, Case #: 4D2023-0601, Categories: Family Law, Attorney Fees
J. Warner finds that the lower court improperly imposed restitution upon defendant convicted of sexual battery on a child less than 12 years old. The restitution, to be given to the Sexual Assault Treatment Center, because the center is not a victim of a crime within statutory definition. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: May 15, 2024, Case #: 2D2022-0987, Categories: Sex Offender
Per curiam, the appeals court finds the trial court made no error in denying defendant's post-conviction motion alleging ineffective assistance of counsel at his trial on charges including attempted murder. In part because defendant's attorney's "mistaken prediction" about defendant's success at beating the charges against him, among other professional advice, was reasonable given the circumstances, and because defendant himself rejected to plea offers that would have given him a chance at less than a life sentence, his claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 22-1140, Categories: Ineffective Assistance, Murder
J. Emas finds the trial court improperly dismissed a public urination charge against defendant. The city's due process rights were violated when the trial court exceeded its authority and summarily dismissed the city's case against defendant without notice or an opportunity to be heard after a municipal prosecutor did not show up to defendant's first court appearance. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: May 15, 2024, Case #: 22-1875, Categories: Due Process, Public Indecency
[Consolidated] J. Bokor finds the trial court properly denied the motorist's motions for a directed verdict and new trial in her lawsuit over a car accident. Because there was enough evidence to prove the motorist was at least partially responsible for the accident, her motion for a directed verdict was correctly denied, and the errors the motorist points to regarding her lawyer's overruled objections to questioning about inconsistent statements she made about her speed at the time of the accident, if they were errors, were harmless. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 23-0088, Categories: Vehicle, Negligence
J. Emas finds the trial court erred in its decision in a dispute between the landlord and the tenant partially stemming from unpaid rent for a commercial property. The trial court abused its discretion by denying the landlord's motion for immediate default and possession after the tenant failed to make its first monthly payment of $21,305 into the court's registry, so the case is remanded for entry of immediate default and writ of possession and for any other proceedings necessary. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: May 15, 2024, Case #: 23-1120, Categories: Landlord Tenant
J. Logue finds the trial court improperly vacated a prior judge's order enforcing a settlement agreement in the borrower and lender's foreclosure case, as the trial court's order was built upon the incorrect assumption that the prior judge did not have jurisdiction to enforce the settlement agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 15, 2024, Case #: 23-1319, Categories: Settlements, Jurisdiction, Foreclosure
Per curiam, in this dissolution of marriage case, the appeals court finds that the lower court must make “specific findings as to the wife’s reasonable monthly expenses post-dissolution and the amount of monthly investment income the wife is anticipated to earn.”
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 4D2023-0317, Categories: Family Law
J. Fernandez finds the trial court erred in granting summary judgment to the clerk of court, tax collector and property purchaser in a lawsuit over the sale of the property owner's Miami condo at a tax deed sale. The owner's due process rights were violated by not being given notice of the tax deed sale where the purchaser bought the Miami condo, where the owner had not lived for years while mostly residing and receiving medical treatment at an apartment in New York City. The case is remanded for the trial court to grant summary judgment to the owner and cancel the tax deed sale. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 15, 2024, Case #: 22-1033, Categories: Property, Tax, Due Process
J. Bokor finds the trial court improperly granted summary judgment to the lessee in a dispute with a neighboring property owner over a public-private agreement they entered with the city to redevelop a waterfront area in Miami, and a previous opinion in this case is withdrawn and replaced. Because genuine issues of fact exist as to whether the lessee was entitled to make improvements to a public roadway on the owner's property and whether the lessee made false representations to get the owner to sign one of the relevant contracts, summary judgment should not have been granted, particularly as pertains to the owner's fraud claims. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 21-0806, Categories: Fraud, Property, Contract
J. Scales finds the trial court did not err in its final judgment in the lender and borrower's commercial foreclosure case. There was no error in the trial court's calculation of damages or enforcement of the underlying mortgage note and foreclosure of the borrower's interest in the property, so the borrower's cross-appeal fails. The trial court also made no error in denying the lender's claim for specific performance because enforcement of the deed would have prejudiced the borrower, as the value of the property exceeded the lender's damages. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 15, 2024, Case #: 23-0395, Categories: Foreclosure
J. Miller finds the trial court improperly ordered an appraisal in the insurance company and insured's dispute over coverage of damages the insured's property sustained from Hurricane Irma. The trial court was required to conduct an evidentiary hearing to determine if the insured complied with all of its post-loss obligations under the policy, such as maintaining expense records and allowing an inspection of the property, so its order for appraisal was premature. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 15, 2024, Case #: 23-1672, Categories: Insurance, Contract
J. Gerber finds that the lower court improperly granted a developer’s motion to compel a surety’s declaratory judgment action to arbitration. The lower court is directed to stay the surety’s declaratory judgment action until, an an earlier arbitration action, the arbitrator determines whether the developer “validly accepted assignment of the ‘master subcontract.’” Reversed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: May 15, 2024, Case #: 4D2023-1784, Categories: Arbitration
J. May finds that the lower court improperly denied homeowners’ motion for attorney fees in a contract dispute between them and a professional design company. The homeowners’ proposal for settlement was a “joint proposal regarding a unified, single claim, which did not require apportionment.” Reversed.
Court: Florida Courts Of Appeal, Judge: May, Filed On: May 15, 2024, Case #: 4D2023-1707 , Categories: Attorney Fees
J. Levine finds that the lower court properly convicted defendant of manslaughter with a weapon. The court made no error in allowing a detective to testify that marks on the victim’s body were consistent with an iron. Affirmed.
Court: Florida Courts Of Appeal, Judge: Levine, Filed On: May 15, 2024, Case #: 4D2023-0855, Categories: Manslaughter
Per curiam, the court finds that the lower court properly denied defendant’s motion for postconviction relief. Defendant was convicted of attempted aggravated battery and attempted voluntary manslaughter. His counsel was not deficient for advising him not to testify at trial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 2D2022-0987, Categories: Manslaughter
J. LaRose finds that the lower court properly convicted and sentenced defendant for sexual battery on a victim under 12 years old and distributing obscene material to a minor. Defendant’s arguments are “either meritless or unpreserved.”
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: May 15, 2024, Case #: 2D2022-1981, Categories: Sex Offender
Per curiam, the appeals court finds the trial court erred by summarily denying defendant's postconviction motion alleging ineffective assistance of counsel at his trial on second-degree murder and other charges, which resulted in him being sentenced to at least 30 years' imprisonment. There is enough evidence in the record such that three of defendant's four claims of ineffective assistance should not have been summarily denied, including those alleging his lawyer did not claim stand-your-ground immunity or conduct an independent investigation of the facts before trial. The matter is remanded so defendant can file an amended motion and the trial court can make a more complete record. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-1877, Categories: Ineffective Assistance, Murder