49 results for 'judge:"Pratt"'.
J. Pratt finds the trial court improperly granted the landlord a default judgment against the tenant and entered a final judgment evicting the tenant from its commercial property. The trial court found the tenant in default because it breached an order directing it to continue making rent payments during its pending eviction action to either the landlord's lawyer's trust account or to the landlord directly, but the plain language of the relevant Florida statute only calls for default if a tenant fails to pay rent into the court registry, not into a trust account or to a landlord. The trial court's order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: September 22, 2023, Case #: 22-1147, Categories: Landlord Tenant, Contract
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J. Pratt finds for an employer in claims seeking exemptions to the Covid-19 vaccine policy because the policy applied to all workers, and employees failed to demonstrate they had been singled out due to their religion, thereby failing to demonstrate they had been subjected to a hostile work environment due to religious beliefs.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: August 24, 2023, Case #: 1:22cv1650, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Covid-19
J. Pratt finds partially in favor of the state defendants in a disability benefits case. The individual fails to show that the state defendants lack immunity against his claims related to the termination of his long-term disability benefits. In addition, the remaining state claims for unlawful termination and breach of contract are complex, and should be heard in that venue.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: July 31, 2023, Case #: 1:21cv2626, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Jurisdiction
J. Pratt finds the lower court improperly granted summary judgment to the brokers of a real estate purchase. The seller stipulated that the sale of her property not be to a specific broker or any of his affiliates, yet using a shell company the brokers did just that. The seller filed suit, and the lower court granted summary judgment to the brokers, finding the contracts non-reliance clause prevented the seller from making claims against the brokers. But the instant court finds that the non-reliance clause required the signatures of the brokers in order for it to be enforceable, and they did not sign it. The matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: July 21, 2023, Case #: 5D22-1410, Categories: Fraud, Real Estate, Contract
J. Pratt finds the lower court improperly granted summary judgment to the brokers of a real estate purchase. The seller stipulated that the sale of her property not be to a specific broker or any of his affiliates, yet using a shell company, the brokers did just that. The seller filed suit, and the lower court granted summary judgment to the brokers, finding the contracts non-reliance clause prevented the seller from making claims against the brokers. But the instant court finds that the non-reliance clause required the signatures of the brokers in order for it to be enforceable, and they did not sign it. The matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: July 21, 2023, Case #: 5D22-1557, Categories: Fraud, Real Estate, Contract
J. Pratt grants plaintiff attorney fees and finds for plaintiff regarding venue in this contract action because evidence indicates that defendant, a proper party to the action, acted improperly to have the case removed to federal court.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: July 20, 2023, Case #: 1:23cv895, NOS: Other Contract - Contract, Categories: Venue, Attorney Fees, Contract