19 results for 'judge:"Hendon"'.
J. Hendon finds the trial court improperly ordered the mother to pay 50% of at least $96,000 in fees owed to a guardian ad litem for her and the father's minor son related to domestic violence petitions the mother filed in ongoing legal fights subsequent to their 2011 divorce. The trial court's order was not based on sufficient findings in the record regarding the mother's income, funds her brother and boyfriend may have provided her for lawyers in the past, and whether the mother's actions necessitated hiring the guardian, so the trial court's order is reversed and on remand it is ordered to make the necessary factual findings and conclusions. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 31, 2024, Case #: 22-1399, Categories: Family Law
J. Hendon finds the trial court properly entered an order that, in part, enjoined the removal of a city commissioner from his elected office after four other commissioners voted to vacate his seat for failing to attend a regular commission meeting for 120 days. Because there was not a quorum of commissioners voting to vacate the commissioner's seat, the vote was invalid, and the commission's calculation of the start of the 120-day attendance window was not made in line with the requirements of the city charter. The rest of the issues presented on appeal are not addressed. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 31, 2024, Case #: 23-1082, Categories: Government, Municipal Law
J. Hendon finds the business owner's motion for a petition of certiorari in her dispute with the former vice president and general counsel of one of her businesses including fraud, misrepresentation and breach of contract claims must be granted. The portion of the trial court's partial final judgment calling for the immediate execution of an order demanding a $126,808 payment from the business owner is quashed, in part because "intertwined factual matters" in the case still need to be resolved.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 10, 2024, Case #: 22-1941, Categories: Fraud, Interference With Contract, Enforcement Of Judgments
J. Hendon finds the trial court properly entered final judgment in favor of the daughter in a lawsuit against Philip Morris related to her father's death from lung cancer, pulmonary disease and other ailments caused by his years of smoking Marlboro cigarettes. The trial court in part correctly denied Philip Morris's motion for summary judgment and for a directed verdict because there are disputes of fact regarding when the father's pulmonary disease manifested and the evidence admitted at trial supported the jury's verdict, which in part resulted in an award of $5.5 million in non-economic damages for the daughter and a mistrial on the issue of punitive damages. The trial court did not otherwise abuse its discretion in denying Philip Morris's other post-trial motions. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: November 15, 2023, Case #: 23-0032, Categories: Damages, Negligence, Product Liability
J. Hendon finds the trial court improperly convicted defendant for reckless driving and sentenced him to time served, and both the conviction and sentence are reversed. Considering the facts of the case, including that defendant burned rubber out of an intersection and passed several cars while going 25 to 30 miles per hour on a road with a dashed yellow line allowing for such passing, defendant's actions were perhaps careless but do not rise to the level of reckless driving under Florida law. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: November 8, 2023, Case #: 22-2023, Categories: Evidence, Vehicle
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. Hendon finds the trial court improperly granted summary judgment to the city highway agency in its lawsuit against the county highway authority over the rights to roadways and county assets. Based on the terms of a transfer agreement between the agency and the Florida Department of Transportation giving the agency operational and financial control of the expressway system such that it could collect toll revenues, the trial court incorrectly denied the authority's motion to dismiss the lawsuit because the transportation department was not joined to it as an indispensable party. The trial court's order is overturned and the case is remanded to grant the authority's motion to dismiss. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: October 25, 2023, Case #: 22-1316, Categories: Property, Agency
J. Hendon finds the trial court properly denied defendant's motion for acquittal upon his conviction of third-degree grand theft for stealing a Rolex wristwatch and platinum wedding band from his ex-girlfriend and pawning them, which the charge assumed had a combined value of at least $10,000 but not more than $20,000. There was sufficient evidence to convict defendant based on testimony revealing that the Rolex's fair market value was at least $10,000 because that is how much defendant received for pawning it and how much the pawn shop expected his ex-girlfriend to pay to get it back, even though the value of the wedding band was never established. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: October 25, 2023, Case #: 22-1271, Categories: Evidence, Theft
J. Hendon finds the trial court partially erred in its decision terminating the former husband's obligation to pay monthly alimony under a marriage settlement agreement with the former wife because it never considered the economic factors involved with terminating the former husband's alimony. On remand, the trial court determine whether the former husband's alimony should be fully terminated or just reduced. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: October 11, 2023, Case #: 22-1400, Categories: Family Law, Contract
J. Hendon finds the trial court properly dismissed the condo owners' claims against the condo association over mold growth, staining and other water damages in their unit caused by leaks because they are time-barred by the relevant statute of limitations, and the owners have not pointed to any exception that applies to them based on evidence of new leaks or ongoing problems with previous leaks. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: September 20, 2023, Case #: 22-1911, Categories: Property, Tort, Contract
J. Hendon finds the trial court improperly terminated the mother's parental rights after declining to set aside a default judgment it entered against her because she missed a Zoom hearing. The mother established due diligence, excusable neglect and other valid defenses for why she missed her hearing, which she provided the trial court a few hours after it occurred, so the trial court abused its discretion by terminating her parental rights and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 30, 2023, Case #: 23-0574, Categories: Family Law, Agency
J. Hendon finds the trial court improperly denied summary judgment to the transportation infrastructure company in a dispute with the daughter of a construction worker who died after falling from a truck bed while working on a highway project for which the company was overseeing the general contractor. Since it was working as an agent of the Florida Department of Transportation on the highway project, the company is entitled to government agency immunity, in part because the record does not show the company violated the "willful and wanton" exception to the relevant Florida law by routinely allowing construction workers to ride in unsecured truck beds. The matter is remanded so the trial court can enter summary judgment in the company's favor. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 16, 2023, Case #: 22-0725, Categories: Immunity, Negligence, Agency
J. Hendon finds for the brother in his dispute with the beneficiary over the division of their father's estate, specifically regarding the trial court's non-final order granting the brother's motion to disqualify the beneficiary's attorney from their probate dispute. Because of conflicts of interest presented by the attorney and beneficiary's previous attorney-client relationship lasting several years, during which the attorney did work on the deceased father's will, the trial court's decision is upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 16, 2023, Case #: 23-0503, Categories: Wills / Probate, Contract
J. Hendon finds the trial court improperly granted summary judgment to the insureds in their dispute with the insurance company over the amount of coverage for water damages at their house caused by the failure of old cast iron plumbing. In part because the plain language of the policy holds that the deterioration of the cast iron plumbing was an "act of nature" despite what the insureds argue, the matter is remanded for the trial court to grant summary judgment to the insurance company. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 16, 2023, Case #: 22-1436, Categories: Insurance, Contract
J. Hendon finds that the trial court improperly denied the company’s motion to vacate a final judgment and writ of garnishment. The court erred in denying the company’s motion to quash service of process. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 2, 2023, Case #: 3D23-348, Categories: Due Process
J. Hendon finds the state agency properly entered a final order adopting an administrative law judge's recommended order requiring the town to repay to the state agency retirement benefits it paid to one of its employees who retired from her 40-year position as a public school teacher before getting hired by the town as a part-time yoga instructor. It has been proven that the town violated a provision under Florida statutes requiring an employee to terminate working relationships with Florida Retirement System participants for six months after the dropping from a deferred retirement benefits program, so the agency's decision is backed by sufficient evidence. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: July 26, 2023, Case #: 22-0672, Categories: Agency, Contract
J. Hendon finds the trial court properly entered final summary judgment in favor of the window and door manufacturer in the laborer's lawsuit stemming from injuries he suffered unloading a heavy shipment of windows and doors delivered to his employer by one of the manufacturer's employees. In part because the evidence in the record shows the manufacturer is not liable based on whether its employee strapped or did not strap the shipment to a forklift after delivery and the laborer tried to unload the shipment by himself despite his employer's rules stating such a heavy shipment requires at least two people to unload, there are no genuine disputes of fact contravening the trial court's ruling and the manufacturer is entitled to judgment as a matter of law. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: July 12, 2023, Case #: 22-0824, Categories: Tort, Negligence
J. Hendon finds defendant should be given the opportunity to file timely post-conviction motions challenging his 30-year prison sentence meted out after he allegedly violated his probation by committing attempted premeditated murder and possessing a firearm as a felon, in addition to failing to complete community service hours and other violations. Because defendant's claim that the trial court erred under Florida law by not making written findings about whether he was a danger to the community qualifying him as a violent felony offender of special concern was not preserved for appellate review, the trial court's findings are affirmed without prejudice to give him time to timely file post-conviction motions challenging his sentencing. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: June 7, 2023, Case #: 22-1232, Categories: Firearms, Murder, Sentencing