14 results for 'judge:"Mize"'.
J. Mize finds the trial court improperly entered into a final judgment in this dissolution of marriage case regarding a necklace and loan stemming from the distribution of marital assets and liability. The former wife alleges the necklace was owned by her deceased brother-in-law and the loan from the former husband’s parents was paid in full before he filed for dissolution. There is no evidence to prove that there was a necklace that existed, nor that the wife was in possession of it. The loan should not have been classified in the marital liabilities, as it was paid in full. Therefore, this case is remanded for the final judgment for further proceedings on the necklace and loan. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: May 10, 2024, Case #: 6D23-373, Categories: Family Law
J. Mize finds the trial court properly denied the defendant’s motion to suppress evidence obtained of his bag obtained during a warrantless search. He lacks a standing to contest the search of the bag because it was abandoned on residential property, and he relinquished any expectation of privacy. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 19, 2024, Case #: 6D23-1787, Categories: Criminal Procedure, Search, Property
J. Mize finds that the trial court erred in revoking defendant’s probation for failure to report to the probation officer two months in a row. The trial court’s order is remanded for reconsideration of probation being revoked and what sentence should be imposed. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 5, 2024, Case #: 6D23-786, Categories: Probation, Sentencing
J. Mize denies an inmate’s petition for writ of habeas corpus in his case including sexual battery, lewd or lascivious conduct and molestation. He argues he is being illegally detained after the trial court denied modifying defendant’s bond. The trial court properly found plausible cause to revoke the bond after the man committed a new crime in violation of his pretrial release.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: March 18, 2024, Case #: 6D24-27, Categories: Sentencing, Sex Offender
J. Mize finds that the trial court properly ruled in favor of the sales coordinator by denying motions for directed verdict and to set aside the verdict in this tortious interference complaint. The impact rule does not apply to intentional torts. However, there is confusion in jurisprudence concerning the applicability of whether the impact rule applies to the tort of intentional interference with an advantageous business relationship. The court certifies two questions to the First District Court related to Florida's impact rule and how it applies to tort of tortious interference with an advantageous business relationship. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: December 21, 2023, Case #: 6D23-1379, Categories: Tort, Interference With Contract
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J. Mize finds the trial court improperly granted a doctor’s motion of stay and compel arbitration in this wrongful death and medical malpractice suit brought by the parents of a professional baseball player for the Minnesota Twins’ Florida-based minor league team. Their son died from Wolff-Parkinson-White syndrome after he was cleared to continue participation, even though his EKG showed abnormalities. The court holds the parents’ claims were not subject to arbitration and the case is remanded back to the trial court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: December 8, 2023, Case #: 6D23-985, Categories: Arbitration, Wrongful Death, Medical Malpractice
J. Mize finds the trial court properly granted defendant’s motion to correct a sentencing error by denying a motion to suppress evidence and improperly imposed probation fees. The court did not orally pronounce a probation cost per month at the time of sentencing. Therefore, this portion of the sentence shall be remanded to impose the correct probation cost per month. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: November 22, 2023, Case #: 6D23-1246, Categories: Probation, Sentencing
J. Mize grants a petition for writ of certiorari and quashes the trial court's order granting a motion to stay in an individual's suit alleging a trustee is tortiously interfering with an expected inheritance. The current lawsuit shall proceed, as it does not involve the same causes of action as the prior lawsuit.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: July 7, 2023, Case #: 6D23-2184, Categories: Civil Procedure, Trusts
[Consolidated.] J. Mize finds the trial court erred by giving defendant a fifty-year sentence instead of a life term on his conviction for burglary of a dwelling with an assault or battery while armed with a firearm. Defendant's designation as a prison releasee reoffender mandated that he receive a life sentence. This case is remanded with instructions for a life sentence to be entered on this conviction. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: June 30, 2023, Case #: 6D23-68, Categories: Burglary, Assault, Battery
J. Mize finds that the trial court partly erred in this dissolution of marriage action, including by giving the ex-wife a $6,000 credit for payment on a tax liability, which was not supported by the evidence or any factual findings. Also, the ex-wife was improperly awarded alimony despite a lack of specific factual findings as to the basis of the award. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: June 16, 2023, Case #: 6D23-17, Categories: Evidence, Family Law