13 results for 'judge:"Wozniak"'.
J. Wozniak finds the trial court properly entered the final judgment for dissolution between a former husband and wife. The court dismissed this appeal for a lack of jurisdiction regarding the final order of relocation. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: May 10, 2024, Case #: 6D23-1663, Categories: Family Law, Jurisdiction
J. Wozniak finds the trial court improperly granted the defendant’s motion to suppress his items found and seized during a traffic stop. He alleges there was no probable cause for the stop after being charged with possession of a firearm by a convicted felon, possession of cocaine and resisting an officer without violence. The officer pulled defendant over for excessive dark window tint, which is a noncriminal violation; he smelled marijuana upon approaching the vehicle, so there was probable cause to search the vehicle and seize the items found. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: April 19, 2024, Case #: 6D23-2396, Categories: Drug Offender, Search, Resisting Arrest
J. Wozniak finds the trial court properly granted summary judgment in favor of a salesman in this breach of contract claim for unpaid sales commissions against a construction company. The company agreed to pay sales commission to the salesman while he was employed, but when he left his position they argued he was an unlicensed contractor and said the contract was unenforceable. The salesman sold the roofing services under the licensed company. Therefore, he did not engage in any unlawful activity and neither a “contractor” nor engaged in “contracting.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: April 3, 2024, Case #: 6D23-810, Categories: Construction, Licensing, Contract
J. Wozniak finds that the trial court properly declined to suppress evidence that defendant possessed cocaine and paraphernalia. However, it must correct its written order of probation to include a condition that he is subject to search only on the basis of reasonable suspicion. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: March 8, 2024, Case #: 6D23-393, Categories: Drug Offender, Sentencing
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J. Wozniak orders proceedings to determine if a county is entitled to trial court attorney fees despite an earlier denial of appellate attorney fees. The county prevailed in a dispute with a property developer over density requirements, and is entitled to trial court fees if it can prove the property owner failed to accept its bona fide settlement offer. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: March 8, 2024, Case #: 6D23-879, Categories: Property, Zoning, Attorney Fees
J. Wozniak finds that the trial court properly dismissed this constitutional challenge in favor of Beachline and the Secretary of Florida Department of Environmental Protection brought by Waters of Orange County for an injunction. The waters argue for reversal of the order but there is no cause of action under the charter provision. “If political subdivisions were able to continue actions to enforce ordinances that conflict with general law, the political subdivisions would have the power to frustrate the ability of the Legislature to set policies for the state.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: January 19, 2024, Case #: 6D23-1412, Categories: Constitution, Environment, Injunction
J. Wozniak dismisses this appeal from the appellant’s nolo contendere plea for lack of jurisdiction challenging that the trial court denied a request for a special jury. “A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved.” Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: December 8, 2023, Case #: 6D23-1288, Categories: Jury, Sentencing
J. Wozniak finds that the trial court improperly ordered specific performance under a sales contract with prospective buyers in a dispute over the legal description of property being purchased. The contract was not subject to specific performance due to the sales contract's ambiguity in the identity of the properties to be included in the sale. This constitutes a patent ambiguity that precludes enforcement of the contract. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: November 17, 2023, Case #: 6D23-608, Categories: Evidence, Real Estate, Contract
J. Wozniak finds the trial court improperly granted summary judgment in favor of the property owner for time barred statute of limitations and the right to assert the defense in this foreclosure case. “Holding that parties’ modification agreement ‘clearly waived’ the defense and counterclaim and to now permit their assertion would ‘frustrate the explicit terms’ of that agreement.” Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: October 6, 2023, Case #: 6D23-401, Categories: Property, Foreclosure
J. Wozniak finds the trial court incorrectly denied the motion to enforce a settlement agreement and unilaterally changed the terms in favor of the debtor. The agreed settlement in the amount of $60,000 was not paid in a timely manner, and there is no allowance for equitable "tweaking" in the terms of the agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: June 9, 2023, Case #: 6D23-0112, Categories: Debt Collection, Settlements, Contract
J, Wozniak finds that the trial court improperly ruled in favor of the insurer in a dispute over personal injury protection benefits that were assigned to the medical provider. Summary judgment was incorrectly entered on the insurer's "unpled affirmative defense." Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: May 26, 2023, Case #: 6D23-482, Categories: Civil Procedure, Insurance