1,065 results for 'court:"Florida Courts Of Appeal"'.
Per curium, at issue in this insurance dispute is the amount of the attorney fees awarded to the insureds. The insurance company claims the awarded amount is unreasonable, arguing the rates and number of hours billed by the insureds is excessive. The instant court finds the matter should be remanded to the lower court for further consideration. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 3D23-0940, Categories: Insurance, Attorney Fees, Contract
J. Fernandez finds the lower court properly granted a bank’s motion for surplus funds. Homeowners appeal the lower court’s decision granting a bank the distribution of funds that originated as an overage from the foreclosure sale of the homeowners’ property. The lower court found the bank’s lien took priority over the homeowner’s rights and granted the bank’s request for distribution. The instant court finds no error in the lower court’s decision. Affirmed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: April 17, 2024, Case #: 3D23-600, Categories: Real Estate, Banking / Lending, Foreclosure
J. Lucas finds that the trial court improperly denied a pharmacy's motion to arbitrate contract claims in California because the section of the Federal Arbitration Act that authorizes federal district courts to compel arbitration in civil actions does not bar states from doing so under their own jurisdiction. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: April 17, 2024, Case #: 2D2023-0096, Categories: Arbitration, Jurisdiction, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Miller finds the lower court improperly determined the amount of attorney fees to be awarded to an insurance company. USAA Insurance prevailed in litigating a personal injury protection case, and attorney fees were awarded, but the lower court found the attorneys were operating under a verbal flat rate agreement and reduced the fee judgment accordingly, and failed to award appellate fees in their entirety. The instant court finds no testimony presented that USAA worked under a flat rate agreement, and it is entitled to recover reasonable attorney fees. The matter is remanded to the lower court to determine and award reasonable fees, taxable costs and expert fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 17, 2024, Case #: 2022-2032, Categories: Insurance, Attorney Fees, Contract
J. Logue finds the lower court improperly dismissed a property owner’s motion to enforce a settlement agreement. A loan company sought foreclosure on a piece of real estate owned by the property owners, upon which a settlement agreement was reached. Within the settlement agreement is language stating that the trial court will retain jurisdiction regarding enforcement of the settlement, but the loan company argues the lower court never approved the settlement, only a joint stipulation; the instant court disagrees. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 17, 2024, Case #: 2022-1872, Categories: Settlements, Jurisdiction, Foreclosure
J. Scales finds the lower court properly convicted defendant of criminal conspiracy to tamper with evidence for attempting to arrange for the destruction of a cell phone that contained evidence pertaining to a first-degree murder charge for which he was jailed, and eventually acquitted. Evidence is sufficient to support his conviction for conspiracy to tamper with evidence and sentence of 300 days in the county jaile with four years of probation. Defendant’s arguments for acquittal are without merit and he is not entitled to relief. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: April 17, 2024, Case #: 2022-0134, Categories: Evidence, Conspiracy
J. Wallis finds the trial court improperly entered two nonfinal orders in part requiring monthly alimony and child support payments totaling $1,748 from the ex-husband to the ex-wife. The trial court violated the ex-husband's due process rights by ordering him to pay arrears when the ex-wife did not seek that relief, and the orders generally were not supported by substantial and competent evidence. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: April 12, 2024, Case #: 22-2800, Categories: Family Law
J. Pratt finds the trial court properly denied the trucking company's motion to stay and compel arbitration in a dispute between the property owner and multiple trucking companies in which the owner accuses the companies of litter and trespass for digging "an enormous pit" and dumping "construction debris and sludge" on its property. The trucking company cannot get the relief it seeks because it is not a party to the arbitration agreement it wants enforced. Affirmed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: April 12, 2024, Case #: 23-2094, Categories: Arbitration, Contract
J. Makar finds the trial court improperly denied defendant's motion to suppress in a case in which defendant is charged with first-degree murder. The sheriff's deputies in defendant's case exceeded what is constitutionally permissible for a warrantless "knock and talk" visit when, after their two knocks on defendant's door went unanswered, they used a flashlight to look through opaque black vinyl wrapping on defendant's front porch screens. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Makar, Filed On: April 12, 2024, Case #: 22-2108, Categories: Constitution, Murder, Search
J. Eisnaugle finds the trial court properly granted summary judgment to Walmart in a lawsuit it faces from a consumer who was injured when shoplifters struck him with their car while fleeing store employees who were trying to take pictures of their license plate. The employees' actions after the shoplifters fled, including chasing after them and calling for police, did not negligently escalate the situation and create a "zone of risk," and Walmart's internal policies and procedures are not important to the legal analysis at play. Walmart had no legal duty to protect the consumer from fleeing shoplifters. Affirmed.
Court: Florida Courts Of Appeal, Judge: Eisnaugle, Filed On: April 12, 2024, Case #: 23-0201, Categories: Negligence, Premises Liability
J. Harris finds that, given State Farm's motion for rehearing, it is necessary to withdraw a previous opinion and replace it with this opinion in the insured's class action alleging State Farm was required to pay her interest on top of what it paid for her water damages claim. The trial court erred in dismissing the insured's contractual claim, as the relevant policy contains a standalone provision obligating State Farm to pay out interest which can create grounds for a cause of action not barred by statutory limitations. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: April 12, 2024, Case #: 23-0243, Categories: Insurance, Contract
J. Pratt finds the trial court improperly lowered defendant's sentence to 10 years' imprisonment after his conviction on child pornography charges. The court did not have competent and substantial evidence to justify its downward departure, particularly as regards its references to defendant's self-reported post-traumatic stress disorder, depression, alcoholism and other mental health issues. Vacated.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: April 12, 2024, Case #: 22-1603, Categories: Sentencing, Child Pornography
J. Kilbane finds the trial court partially erred in denying defendant's motion to suppress and motion to dismiss wiretapping, battery on a law enforcement officer and resisting arrest charges against him. Denial of defendant's motion to suppress and motion to dismiss the battery and resisting arrest charges are affirmed, but the denial of defendant's motion to dismiss the wiretapping charge is reversed, in part because defendant's recording of calls with sheriff's deputies to capture police misconduct involved matters of public business in which the deputies were working in their official capacities and could not have had a reasonable expectation of privacy. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: April 12, 2024, Case #: 23-1354, Categories: Resisting Arrest, Battery
J. Warner finds that the trial court improperly ruled for a condo association in claims contending a property under suffered retaliation for filing a lawsuit against the association in 2009 because the record does not support the finding that the homeowner had agreed to certain commitments to settle certain issues. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: April 10, 2024, Case #: 4D2022-2322, Categories: Property, Settlements
J. Rowe finds that the trial court properly denied an assistant principal immunity in claims contending she improperly accessed student records and also allowed her daughter to do so with her log in credentials because the assistance principal had not been threatened with adverse employment consequences if she refused to answer questions during the school board's investigation.
Court: Florida Courts Of Appeal, Judge: Rowe, Filed On: April 10, 2024, Case #: 1D2022-3114, Categories: Self Incrimination
J. Bokor finds that the trial court partially erred in judgments it entered modifying parental responsibility and time-sharing in the ex-wife and ex-husband's case. The ex-wife, proceeding pro se, was given proper notice before a default judgment was entered against her for not filing an answer to the ex-husband's petition to modify, but under court rules and case law the trial court failed to give proper notice of the final hearing where the ex-husband's motion would be heard, as the notice of hearing was filed only eight days before what was originally scheduled to be a case management conference. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: April 10, 2024, Case #: 21-2182, Categories: Family Law
J. Lobree finds the trial court improperly granted final judgment in favor of the guardian of a minor child who was in a car accident caused by the insurance company's insured. The trial court was wrong to find that the insured's cancellation of his commercial liability policy in light of him obtaining a different commercial policy was not effective on the day of the accident because the company said it did not receive it until the day after the accident, in part because the record shows the insured electronically signed and mailed the cancellation notice five days before the accident. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: April 10, 2024, Case #: 23-0370, Categories: Insurance, Contract