52 results for 'judge:"Pratt"'.
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. 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
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J. Pratt rules in part for defendant, an insurance company, in breach of contract claims in which another company seeks reimbursement for services provided to physician groups by holding that plaintiff may only continue claims that had been made prior to the date set out in their agreement. Meanwhile, the agreement requires that plaintiff's claims proceed to arbitration.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: March 25, 2024, Case #: 1:22cv1500, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Contract
J. Pratt finds for patients regarding jurisdiction in privacy and contract claims because the hospital is a private hospital, not a federal actor, and the case concerns managing the patient portal.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: February 6, 2024, Case #: 1:23cv1080, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Venue, Contract
J. Pratt finds the trial court wrongfully considered defendant's lawful possession of firearms when sentencing him to 87 months in prison for charges related to selling more than 25 pounds of marijuana, even though defendant was not charged with any gun crimes. According to statements made at sentencing, the judge may have relied on defendant's constitutional right to lawful firearm possession when sentencing him, and that is prohibited by due process. Defendant's sentences are vacated, and the case is remanded for re-sentencing under a different judge.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: January 12, 2024, Case #: 22-0703, Categories: Drug Offender, Sentencing, Due Process
J. Pratt finds the trial court improperly granted the landlord a default judgment against the tenant and entered a final judgment evicting the tenant from its commercial property. The trial court found the tenant in default because it breached an order directing it to continue making rent payments during its pending eviction action to either the landlord's lawyer's trust account or to the landlord directly, but the plain language of the relevant Florida statute only calls for default if a tenant fails to pay rent into the court registry, not into a trust account or to a landlord. The trial court's order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: September 22, 2023, Case #: 22-1147, Categories: Landlord Tenant, Contract