14 results for 'judge:"Stargel"'.
J. Stargel finds that the trial court improperly dismissed this case, an insurance action to recover unpaid attorney fees, for improper venue. The law firms allege that the venue was proper because there were multiple cases of action in the complaint accrued there, but the trial court had dismissed the action based on principle of priority. The law firms were not the ones to initiate the previous case and the charging lien had been withdrawn before the dismissal in the present case. Therefore, the trial court did not properly analyze the propriety of the venue choice and this case is to be remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: May 10, 2024, Case #: 6D23-1384, Categories: Insurance, Venue, Attorney Fees
J. Stargel finds that defendant was improperly convicted of murder because the jury had been given confusing instructions as to the law of self-defense, and the instructions were not corrected during trial. There was enough evidence to support the defendant’s self-defense theory and the court should have given the requested portion of jury instruction on deadly force. Therefore, this case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: April 19, 2024, Case #: 6D23-509, Categories: Evidence, Jury, Self Defense
J. Stargel finds the appeals court lacks jurisdiction to consider a man’s post-judgment restitution order argument and must dismiss this portion. The man fails to show any issue with the judgment and sentence of one year in jail for two counts of battery. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: March 22, 2024, Case #: 6D23-2484, Categories: Sentencing, Battery
J. Stargel finds that the trial court properly denied a motion by a minor's former guardian ad litem seeking reinstatement. The guardian ad litem was discharged from the case and was no longer a party, but the minor's permanent guardian, who is seeking to have the case reopened in order to pursue adoption, is not barred from seeking the guardian ad litem's reappointment. Dismissed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: March 8, 2024, Case #: 6D23-2724, Categories: Family Law
J. Stargel finds the trial court erred in granting a minor child’s motion to suppress and motion to limine to exclude co-conspirator statements regarding threats the child made on school property. The child was later charged with conspiracy to commit murder. The state argues they were deprived a chance to present statements before the case was suppressed. Therefore, this case is remanded for the state to a new hearing to present the statement on the motion in limine. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: February 9, 2024, Case #: 6D23-520, Categories: Murder, Conspiracy
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J. Stargel finds the trial court improperly denied the college’s motion to dismiss student’s complaint against the college for charging mandatory fees during the Covid-19 pandemic and not allowing in-person classes. The student fails to allege an express contract that could defeat the claim of sovereign immunity. The college in fact is entitled to the dismissal on the contract claim. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: February 9, 2024, Case #: 6D23-161, Categories: Education, Immunity, Contract
J. Stargel finds that the trial court erred ordering a son and daughter to share equally rental income received from their mother’s property after her death. The son was entitled to only one-third of the total rental income. The daughter moved into the residence and breached her fiduciary duty by not paying the trust rent. Therefore, the appeals court remands this case back to the trial court to modify the damages. The trial court did properly order the daughter to pay the trust $25,900 in rental income she received from her niece who lived in the guest home. Reversed in part. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: January 5, 2024, Case #: 6D23-1505, Categories: Settlements, Trusts
J. Stargel finds that the trial court improperly ruled in this paternity action in favor of the stepfather who is not the biological father, determining since the child only knew him it was in the best interest to establish him as the legal father. In a paternity test, “if the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.” Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: December 15, 2023, Case #: 6D23-1415, Categories: Family Law
J. Stargel grants the attorneys' writ of certiorari to quash the trial court's order denying the motions for admission to appear pro hac vice in an underlying case. The orders do not specify the permissible basis of denial orally or written and shall be remanded back to the trial court.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: November 17, 2023, Case #: 6D23-1598, Categories: Civil Procedure
J. Stargel finds the trial court properly dismissed the students’ class action complaint against the university for charging mandatory fees during the Covid-19 pandemic and not allowing in-person classes. There was no express written agreement guaranteeing the students an in-person experience, “it is merely an implied contract and sovereign immunity protections remain in force.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: August 25, 2023, Case #: 6D23-1203, Categories: Education, Immunity, Class Action
J. Stargel finds that the trial court properly ruled for the insurer in this dispute with the insureds' assignee contractor over coverage for roof repairs to the insureds' property. The concealment/fraud provision in the insureds' policy was applicable to their assignee. Affirmed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: June 30, 2023, Case #: 6D23-36, Categories: Insurance, Property, Contract
J. Stargel finds that the trial court improperly denied an insurer's motion to compel appraisal in a dispute with an auto glass company involving payment for an insured's windshield repairs. It is unreasonable to interpret the "amount of loss" as being limited to the extent of physical damage. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: June 9, 2023, Case #: 6D23-1192, Categories: Insurance, Contract
[Consolidated.] J. Stargel finds that the trial court improperly denied the insurance parties' dismissal motions in a dispute over coverage for claims for emergency medical services provided to foreign patients. There was insufficient evidence showing the court had personal jurisdiction over the insurance parties. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: May 26, 2023, Case #: 6D23-301, Categories: Health Care, Insurance, Jurisdiction