1,065 results for 'court:"Florida Courts Of Appeal"'.
J, Wozniak finds that the trial court improperly ruled in favor of the insurer in a dispute over personal injury protection benefits that were assigned to the medical provider. Summary judgment was incorrectly entered on the insurer's "unpled affirmative defense." Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: May 26, 2023, Case #: 6D23-482, Categories: Civil Procedure, Insurance
J. Warner finds that the trial court should have vacated default judgment entered after plaintiffs' attorney failed to attend a case management conference because plaintiffs sufficiently demonstrated excusable neglect. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: May 24, 2023, Case #: 4D22-3122, Categories: Civil Procedure
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Per curiam, the appeals court finds for the therapy center in its lawsuit with State Farm over coverage for treatment of one of State Farm's insureds. The trial court did not abuse its discretion by denying State Farm's motion to amend its answer with nine new affirmative defenses seven years after the original complaint was filed, in part because of the already lengthy litigation and discovery and potential prejudices to the therapy center. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 24, 2023, Case #: 21-1758, Categories: Insurance, Contract
J. Bokor finds in favor of the insurance company in the property manager's lawsuit over delayed coverage for damages its condo complex suffered from Hurricane Irma in 2017. The re-hearing the property manager requests so it can pursue more pre-judgment interest in addition to the summary judgment motion it was granted affirming an appraisal award, as well as attorney fees and other costs it has already won, must be denied, as the terms of its policy do not support the idea that the insurance company violated the policy by failing to respond to its proofs of loss within 30 days. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 24, 2023, Case #: 22-0102, Categories: Insurance, Contract
J. May finds that the trial court improperly convicted defendant of engaging in sexual misconduct with a patient because the victim did not meet the criteria to be defined as a "patient" under state statute. Reversed.
Court: Florida Courts Of Appeal, Judge: May, Filed On: May 24, 2023, Case #: 4D22-538, Categories: Sex Offender
J. Gerber finds that the trial court improperly ruled in this divorce settlement because the husband was denied the opportunity to present arguments regarding the wife's alimony requests. Reversed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: May 24, 2023, Case #: 4D23-412, Categories: Family Law
J. Artau finds that the trial court improperly distributed property in this divorce action because the home equity line of credit taken out on non-marital property should not have been split between the parties. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: May 24, 2023, Case #: 4D21-3122, Categories: Family Law
Per curiam, the appeals court finds the trial court failed to put findings on the record showing substantial evidence that the mother's child suffered physical or mental injury or that the mother currently poses a threat of harm to the child, so its order on the state's petition for dependency is reversed without prejudice and remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 24, 2023, Case #: 21-2409, Categories: Evidence, Family Law
J. Bilbrey grants the statewide guardian ad litem office review of the trial court's refusal to strike a caregiver's objection to efforts to reunify the dependent child with the mother because the court departed from essential requirements of law. The caregivers may be heard in opposition as participants, not as parties to the action.
Court: Florida Courts Of Appeal, Judge: Bilbrey, Filed On: May 23, 2023, Case #: 1D23-0073, Categories: Family Law, Guardianship