46 results for 'judge:"Edwards"'.
J. Edwards finds that the lower court improperly denied the appellant entities' motion to intervene in this lawsuit brought under the Alabama Environmental Management Act against a waterworks board. The record does not show that their motion was untimely filed, and the matter is remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 25, 2023, Case #: CL-2023-0002, Categories: Civil Procedure, Environment
J. Edwards finds that the trial court erred by awarding the bank's assignee a deficiency judgment in a 2014 lawsuit seeking to foreclose the homeowner's mortgage. The trial court did not have procedural jurisdiction to award the judgment in that lawsuit in light of judgments entered and other action in at least two related lawsuits over the years. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: August 18, 2023, Case #: 22-3079, Categories: Jurisdiction, Foreclosure
J. Edwards finds the homeowners’ association has failed to refute the trial court’s denial of its petition for review of an administrative law judge’s decision against it in their dispute with homeowners over permitting for a stormwater management system. The administrative law judge’s decision recommending to the stormwater management district that the disputed permit should not be granted was based on substantial evidence in part regarding the system’s compliance with codes, adheres to essential requirements of law and allows the district to make a final determination on the permit. The matter is remanded to the district to enter a final decision, which can then be appealed if the losing side desires.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: August 11, 2023, Case #: 22-2426, Categories: Administrative Law, Water, Agency
[Consolidated.] J. Edwards finds that the lower court improperly terminated the mother's parental rights to the two children. The custodian had the burden of establishing the grounds for termination, and he "failed to do so." Specifically, the evidence did not support a finding that "the mother had abandoned the children." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 11, 2023, Case #: CL-2022-1244, Categories: Evidence, Family Law
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J. Edwards finds the trial court improperly dismissed the citizen’s premises negligence lawsuit alleging she slipped and fell while walking toward the restrooms at the medical center. The trial court incorrectly construed the citizen’s complaint as one for medical malpractice and dismissed it on procedural grounds even though there is no evidence she was a patient at the time and her complaint had anything to do with standards of medical care, and it should have treated the case as one of simple negligence. The trial court’s order is overturned and the matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: August 11, 2023, Case #: 23-0022, Categories: Negligence, Medical Malpractice, Premises Liability
J. Edwards dismisses the former wife's appeal in this case concerning the former husband's alimony obligation. The judgment she seeks to appeal is not final, as the lower court failed to adequately address the interest owed by the former husband based on "his failure to pay the November 2018 attorney-fee award." Accordingly, the court lacks jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: CL-2022-1242, Categories: Family Law, Jurisdiction
[Consolidated.] J. Edwards withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court improperly entered dependency judgments in the two cases regarding the daughters but properly entered a dependency judgment in the case regarding the son. The record shows that the father "visited the daughters regularly" and that he has gainful employment and a safe residence. However, he failed to set up "regular visits or otherwise communicate with the son for over a year." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: 2210396, Categories: Civil Procedure, Evidence, Family Law
J. Edwards dismisses the father's appeal from an adoption judgment with instructions that the juvenile court "set aside the adoption judgment and all orders entered" in the proceeding. The adoption judgment is void and cannot support an appeal, because the probate court improperly transferred the proceeding to the juvenile court "without a motion from one of the parties." Accordingly, the juvenile court lacked jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 21, 2023, Case #: CL-2022-1051, Categories: Civil Procedure, Family Law, Jurisdiction
[Consolidated.] J. Edwards finds that the lower court properly terminated the mother's parental rights to the three children. The record indicates that the mother had a history of drug abuse and mental-health issues. She was also described as "combative" by a caseworker. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 14, 2023, Case #: CL-2022-1021, Categories: Evidence, Family Law
J. Edwards dismisses this appeal from a summary judgment entered in a dispute over the renewal of a mining permit. On appeal, the water works board contends that the permit at issue had expired before the mining company filed its renewal application. However, the board's "appeal to the trial court was taken from a nonfinal order," which deprived it of jurisdiction. Accordingly, the appellate court also lacks jurisdiction to consider the appeal.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 7, 2023, Case #: CL-2022-1059, Categories: Civil Procedure, Environment, Jurisdiction
[Consolidated.] J. Edwards partially grants the adoptive parents' petition for a writ of mandamus, in which they challenge an order setting aside an interlocutory order of adoption. Additionally, the mother should not have been allowed "to withdraw her consent without holding a contested hearing and receiving evidence." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: June 23, 2023, Case #: CL-2023-0027, Categories: Civil Procedure, Family Law
[Amended.] J. Edwards remands a mine operator's case concerning its challenge to a citation order it received more than 10 years ago to the Federal Mine Safety and Health Review Commission for further review. The commission, which denied the operator's request as moot, failed to address the issue and consider the operator's motion on the merits.
Court: DC Circuit, Judge: Edwards, Filed On: June 6, 2023, Case #: 22-1088 , Categories: Administrative Law