19 results for 'judge:"Winokur"'.
J. Winokur finds that the lower court properly found defendant guilty of fleeing a police officer and possession of methamphetamine, and properly sentenced him. A defendant can’t argue on appeal that a guilty plea was involuntary unless they presented the issue to the trial court by a motion to withdraw the plea. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur , Filed On: August 21, 2024, Case #: 1D2023-0916, Categories: Drug Offender, Plea
J. Winokur finds that the lower court improperly dismissed an individual and Florida Carry’s complaint alleging the Florida Department of Law Enforcement improperly enforced a rule requiring concealed handgun license holders to submit to criminal history checks and pay fees for the processing of such checks. The appellants were “not required to exhaust any particular administrative remedy before filing suit.” Reversed.
Court: Florida Courts Of Appeal, Judge: Winokur , Filed On: August 21, 2024, Case #: 1D2021-3863, Categories: Civil Procedure, Firearms
J. Winokur finds that the trial court improperly dismissed claims concerning the department of law enforcement's adoption of a new rule regarding the purchase of firearms and associated background checks on grounds that plaintiff failed to exhaust administrative remedies. Plaintiff had raised not a rule challenge but a legislative preemption challenge, and in seeking judicial remedy, plaintiff was not required to exhaust administrative remedies. Reversed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: July 19, 2024, Case #: 1D202-1863, Categories: Civil Procedure, Agency, Firearms
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J. Winokur finds that the trial court properly dismissed plaintiffs' motion to modify a grandmother's visitation with their minor child because plaintiffs failed to demonstrate such would serve the best interests of the child. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: July 3, 2024, Case #: 1D2022-0039, Categories: Family Law
J. Winokur finds that the trial court improperly ruled for property sellers in breach of contract claims over a purchase agreement because the sellers made the initial breach by failing to identify an escrow agent. Reversed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: June 5, 2024, Case #: 1D2022-0193, Categories: Contract
J. Winokur finds that the trial court improperly entered judgment against defendant for lewd or lascivious molestation since that charge was previously dismissed. The case should be remanded for the court to remove this count from the judgment and sentence. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: June 5, 2024, Case #: 1D2022-0351, Categories: Sentencing, Sex Offender
J. Winokur finds that a fisherman's stone crab endorsement was properly suspended after he was convicted of stealing another person's crab traps because the "no contest" plea constituted a conviction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: May 8, 2024, Case #: 1D2022-4096, Categories: Licensing
J. Winokur finds that the circuit court properly denied defendant a writ of mandamus seeking another parole interview and consideration of a reduced sentence for aggravated assault because the commission has discretion to decide when to hold parole interviews, and defendant did not have a legal right to an interview. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: May 1, 2024, Case #: 1D2023-0798, Categories: Parole, Assault, Due Process
J. Winokur finds that the trial court improperly ruled for a condominium association in personal injury claims brought after a balcony railing collapsed, causing a third-floor resident to fall to the sand dunes below, because individual unit owners remained responsible for maintaining the south-facing balconies, which, boasting views of the Gulf of Mexico, are accessible only through the individual units. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: March 6, 2024, Case #: 1D2022-1540, Categories: Property, Negligence