23 results for 'judge:"Logue"'.
J. Logue finds the trial court improperly vacated a prior judge's order enforcing a settlement agreement in the borrower and lender's foreclosure case, as the trial court's order was built upon the incorrect assumption that the prior judge did not have jurisdiction to enforce the settlement agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 15, 2024, Case #: 23-1319, Categories: Settlements, Jurisdiction, Foreclosure
J. Logue finds the trial court erred in its judgment in favor of the lender in the borrowers' lawsuit over a judgment of foreclosure allowing $20 million in default interest to be retroactively calculated and added to the $41,793,694 principal balance of the underlying mortgage loan. There are disputes of fact regarding whether the borrowers' use of hurricane insurance proceeds to fix damages to their hotel caused by Hurricane Irma in 2017 violated the terms of the mortgage note or was approved by the lender, so the trial court's summary judgment order in the lender's favor is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 8, 2024, Case #: 23-0071, Categories: Foreclosure, 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. Logue finds the trial court did not err in awarding final judgment to the real estate company in a dispute with the investment firm over ownership rights to two properties involving allegedly fraudulent actions by an individual who worked for both entities. In part because the company has proven it paid to purchase the two properties at issue and the firm cannot prove it paid to purchase the properties or that any entity with authority to do so transferred the properties' titles to it, the trial court properly found the company had proven it had the superior claim to the titles and found in its favor on its quiet title and recission claims. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 23-0695, Categories: Property, Real Estate
J. Logue finds the trial court improperly dismissed the insurance company's breach of contract claim against the condo association over a settlement the association reached with a developer, contractor and others, which the company claims violates its subrogation rights with relation to a separate action from condo unit owners over water damages caused by their defective balcony. The company has sufficiently pleaded its claims that the general releases the association granted as part of its settlement violate its right to potentially recover funds from the same parties that entered that settlement with the association, so it should be allowed to continue with the claims. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 22-1290, Categories: Insurance, Contract
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J. Logue finds the trial court improperly denied the trading card store's motion to compel arbitration in a dispute with an employee claiming he was wrongfully removed from the company that runs the store. The store and its owner did not waive their right to arbitration, and there is a "contractual nexus" between the store's operating agreement and the employee's claims, so the dispute is subject to arbitration. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 23-1458, Categories: Arbitration, Contract
J. Logue finds the trial court properly dismissed with prejudice the condo owners' lawsuit against their condo association's general counsel in part alleging that the counsel's legal advice caused the association's president to breach his fiduciary duty to them. The counsel's contractual relationship with the association does not mean the counsel has a contractual relationship with the owners, and there is no implied fiduciary relationship between the owners and the counsel as the owners argue. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: March 20, 2024, Case #: 22-2040, Categories: Fiduciary Duty, Contract
J. Logue finds the trial court properly denied the European citizens' motion to dismiss for lack of jurisdiction a lawsuit from a luxury goods retailer claiming its predecessor in interest ordered brand-name handbags from the company the citizens work for, but they instead received counterfeit products. Although the citizens respectively reside in Europe and Dubai, the retailer's complaint has done enough to allege their business connections and tortious conduct in the state of Florida for the lawsuit to proceed. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: March 6, 2024, Case #: 22-1580, Categories: Fraud, Due Process, Warranty
J. Logue finds the trial court properly determined that Florida law blocks the estate representative's claim for punitive damages against Philip Morris in her wrongful death lawsuit claiming the company concealed the dangers of the cigarettes that caused her relative's death from lung cancer. The representative was not entitled to pursue her survival claim for punitive damages because she abandoned it before trial and Philip Morris explicitly stipulated that smoking cigarettes led to the relative's cancer and eventual death. The punitive damages she sought for her wrongful death claim are barred by law in part because her case is a progeny of a class action which resulted in Philip Morris paying at least $198 million in damages, and her case alleges basically the same causes of action. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: March 6, 2024, Case #: 22-1202, Categories: Damages, Wrongful Death
J. Logue finds the trial court properly found that defendant willfully violated the terms of his probation by associating with a person engaged in criminal activity, in this case being caught by police standing in an alley with two people while one of them of was handling a crack pipe. The evidence in the record, including the fact that defendant was standing "shoulder to shoulder" with the man with the crack pipe and yelled out and warned the others when he saw the police officers, is sufficient to support the trial court's finding, even if some of the evidence is circumstantial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: February 21, 2024, Case #: 22-2024, Categories: Evidence, Probation
J. Logue finds the wife has failed to point to reversible error by the trial court in granting a motion to enforce a charging lien from the lawyer who represented her in her divorce. The trial court was within its power to grant the lawyer a charging lien for $38,281, which was around $6,000 more than the magistrate judge previously granted the wife in attorney fees and costs, as the magistrate's order settled the amount of attorney fees the husband owed to the wife but not any additional fees the lawyer might seek under his and the wife's contract. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: January 3, 2024, Case #: 23-0094, Categories: Family Law, Attorney Fees
J. Logue finds the trial court did not abuse its discretion in its non-final order stating that the mother and father's eldest child should remain in military school, that the father should have 100% time-sharing of their three minor children and that the mother should have no contact with the minor children, in part because it properly weighed the competing arguments and considered the correct legal standard in deciding the non-final order, specifically what is in the best interest of the minor children. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: November 15, 2023, Case #: 23-1018, Categories: Family Law
J. Logue finds the trial court properly found for the father in his and the mother's dispute over parental responsibility for their minor child. The mother cannot at this point challenge the trial court's award of ultimate decision-making authority and majority time sharing to the father because she did not properly object to that arrangement when it was raised multiple times at trial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: November 8, 2023, Case #: 22-0140, Categories: Family Law
J. Logue finds the trial court properly awarded the citizen attorney fees and costs in her slip-and-fall lawsuit against Costco. The trial court did not abuse its discretion by issuing two orders awarding the citizen $5,460 in attorney fees and costs based on Costco's attorney answering an interrogatory with an objection that had already been overruled and coaching a corporate representative at a deposition to read from a document the attorney provided to him without disclosing its contents to the citizen's attorney. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: October 25, 2023, Case #: 22-0585, Categories: Tort, Discovery, Attorney Fees
J. Logue finds the trial court did not err in granting defendant's motion to disclose the identity of a confidential informant in his pending prosecution for selling heroin, charges which were brought against him after he sold heroin to the confidential informant while the latter was wearing audio and video recording equipment on behalf of law enforcement. Because clearly established law requires disclosing a confidential informant if it is essential to the accused's defense, particularly if the accusations involve selling drugs directly to the informant, the trial court properly ordered the informant's identity disclosed. The state's petition for certiorari challenging the trial court's order is denied.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: September 6, 2023, Case #: 23-0208, Categories: Confrontation, Drug Offender, Due Process
J. Logue finds the trial court made no error in denying the citizen's second motion for more time to serve an individual with his lawsuit over a car accident. Because the citizen clearly failed to serve the individual with his lawsuit within the 120 days first ordered plus the additional 30 days he was given on his first motion for more time, the statute of limitations expired and the trial court did not abuse its discretion by denying his motion and, essentially, dismissing his claims against the individual with prejudice. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: September 6, 2023, Case #: 22-1604, Categories: Civil Procedure, Vehicle
J. Logue finds the circuit court properly denied defendant's motion to vacate his 2013 felony grand theft conviction and sentence to eight months in jail for violating his probation order. Although a statutory amendment by the Florida legislature downgrading defendant's original criminal actions to a misdemeanor took effect three days before his underlying probation violation conviction in 2019, the circuit court still had jurisdiction to enforce its original probation order from 2013, and defendant's arguments to the contrary fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 23, 2023, Case #: 23-0238, Categories: Criminal Procedure, Probation, Theft
J. Logue finds the trial court properly granted the wife's request that the husband produce his medical and psychological records in proceedings over the dissolution of their marriage. The otherwise sensitive records can be produced in the proceedings because the husband himself repeatedly referred to his poor mental and physical health when asking the trial court for relief, so his petition for writ of certiorari is denied.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 16, 2023, Case #: 23-0862, Categories: Family Law, Health Care
J. Logue finds that the trial court properly denied the trustee's motion for joinder allowing her to add another capacity under which she was suing two homeowners in a foreclosure action based on a promissory note they assigned to the decedent whose revocable trust she represents. The trial court did not err by barring the trustee from joining her lawsuit in both her individual capacity and in her capacity as executor of the decedent's estate, as under the relevant precedent she is not allowed to join herself to her lawsuit in multiple new capacities years after she initially sued. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 9, 2023, Case #: 22-0902, Categories: Civil Procedure, Foreclosure, Contract
J. Logue finds the trial court improperly denied the real estate company manager's request to block third-party subpoenas in a discovery request from a trustee representing a three-quarter interest in the same company, whose lawsuit claims the manager wrongfully took millions of dollars from the company's accounts. Because the subpoenas request disclosures from the manager's marital settlement agreement with his ex-wife and other information from third parties the record does not show are relevant to the trustee's claims, the manager's petition for writ of certiorari is granted and the trial court's discovery order is quashed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: June 14, 2023, Case #: 22-2026, Categories: Fraud, Fiduciary Duty, Contract
J. Logue finds the trial court improperly denied the real estate company manager's request to stop a bank from disclosing a broad range of his financial records in response to a request for that information from a trustee representing a three-quarter interest in the same company, whose lawsuit claims the manager wrongfully took millions of dollars from the company's accounts. Because the production of such a wide array of the manager's personal financial records, including each credit card transaction he made for 10 years and his net worth, would cause him irreparable harm, and because there is no showing in the record that these records are relevant to the trustee's claims, the manager's petition for writ of certiorari is granted and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: June 14, 2023, Case #: 22-2000, Categories: Fraud, Fiduciary Duty, Contract