1,064 results for 'court:"Florida Courts Of Appeal"'.
J. Sleet finds that the trial court ruled properly in favor of the apartment complex in this wrongful death complaint related to the drowning death of a six-year-old child. The complex did not owe a duty to warn of the river that abuts the property. Affirmed.
Court: Florida Courts Of Appeal, Judge: Sleet, Filed On: May 10, 2024, Case #: 2d2023-0561, Categories: Negligence, Wrongful Death
J. LaRose finds that the trial court properly convicted defendant for felony battery and sentenced him to three years in prison. Defendant voluntarily removed himself from the courtroom during the trial and there was no error by the court. Affirmed.
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: May 10, 2024, Case #: 2D2022-3757, Categories: Battery, Due Process
Per curiam, the court of appeal finds that the t. rial court improperly summarily denied defendant's appeal of his conviction for burglary and sentenced him to fifteen years in prison. The record does not refute defendant's claims that the court erred in designating him as a prison releasee reoffender and he was entitled to a hearing. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2D2023-1114, Categories: Burglary, Sentencing
Per curiam, the appeals court finds the trial court erred by summarily denying defendant's postconviction motion alleging ineffective assistance of counsel at his trial on second-degree murder and other charges, which resulted in him being sentenced to at least 30 years' imprisonment. There is enough evidence in the record such that three of defendant's four claims of ineffective assistance should not have been summarily denied, including those alleging his lawyer did not claim stand-your-ground immunity or conduct an independent investigation of the facts before trial. The matter is remanded so defendant can file an amended motion and the trial court can make a more complete record. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-1877, Categories: Ineffective Assistance, Murder
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J. Lambert finds the trial court made a reversible error when it granted the husband's lawyer's motion to withdraw on the morning of trial in the dissolution of the husband and wife's marriage and denied the husband's request for a continuance of the trial. It violated the husband's right to due process to allow his lawyer to withdraw on around 20 hours' notice immediately before his trial was set to start. The portion of the court's judgment dissolving the marriage is affirmed, but the matter is otherwise reversed and remanded for a new trial. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 10, 2024, Case #: 23-0748, Categories: Family Law, Due Process
Per curiam, the court of appeal finds that the trial court properly convicted defendant, an assistant coach with the high school football team, of the misdemeanor offense of disrupting a school function and resisting arrest based on evidence concerning the coach's disturbance of the game. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: 1D2022-3288, Categories: Resisting Arrest, Trespass
J. Thomas finds that trial court properly approved a pharmaceutical student's settlement agreement with the department of health because the student failed to preserve arguments for appeal, and the department acted within its authority. Affirmed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2022-2829, Categories: Licensing, Settlements
J. Gannam finds the trial court improperly applied the correct legal standards when finding the father contributed to the children’s dependency status after basing the decision on the belief the father's corporal discipline was abusive. There is not enough evidence to prove the father “engaged in conduct placing [the kids] at substantial risk of imminent abuse.” Therefore, this case is remanded for the children’s placement with the appropriate proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: May 8, 2024, Case #: 6D24-105, Categories: Evidence, Family Law
J. Winokur finds that a fisherman's stone crab endorsement was properly suspended after he was convicted of stealing another person's crab traps because the "no contest" plea constituted a conviction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: May 8, 2024, Case #: 1D2022-4096, Categories: Licensing
J. Miller finds the trial court properly convicted defendant of criminal mischief following a non-jury trial over a road rage incident. Defendant's challenges to the sufficiency of the evidence supporting his conviction fail, as the record shows defendant intentionally swung a golf club at another motorist's car three times after the motorist retreated. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 8, 2024, Case #: 22-2140, Categories: Evidence, Vehicle
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
Per curiam, the appeals court finds the trial court made no error in denying defendant's motion for a pretrial bond in the case in which he and another person are charged with the premeditated murder of a law enforcement officer. Even though defendant's co-defendant was granted pretrial bond, the evidence in the case, including testimony from a detective saying the co-defendant was not the shooter, supports the trial court's findings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 8, 2024, Case #: 24-0350, Categories: Murder, Bail
J. Bokor finds the trial court partially erred in its judgments in the doctor's lawsuit against the university claiming fraud in the inducement and breach of contract relating to the doctor's arrangements to work for the university's hospital after the hospital was temporarily closed and reorganized. The trial court correctly granted a directed verdict in the the university's favor on the doctor's fraud claim, but since the doctor failed to bring evidence of a valid and enforceable contact in the university's bylaws and rules, the university should have prevailed on his breach of contract claim as well. The trial court's ruling on the breach of contract claim is reversed, and the case is remanded for it to grant the university a directed verdict on that claim. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 8, 2024, Case #: 22-1898, Categories: Fraud, Contract
J. Fernandez finds the trial court improperly granted the court-appointed lawyer $43,530 in attorney fees at a rate of $100 per hour for representing an indigent defendant in a murder trial. The trial court was wrong to find that the state administrative office's contract controlling the lawyer's representation of the client was unenforceable, so the office's petition for writ of certiorari is granted, the trial court's order is quashed, and the case is remanded for the trial court to award the lawyer $32,647 in fees at a rate of $75 per hour.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 8, 2024, Case #: 23-2209, Categories: Attorney Fees
J. Thomas finds that the circuit court improperly dismissed a husband's petition to modify the parenting plan because the record supports the husband's claims that a substantial change in circumstances occurred. Reversed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2023-1074, Categories: Family Law
J. Soud finds defendant's habeas corpus petition to be released from his involuntary commitment subsequent to his being found guilty of first-degree homicide for the premeditated murder of his wife must be denied. Ample evidence in the record supports the conclusion that defendant's mental illness continues to make him a manifest danger to himself or others, so his petition will not be granted.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: May 3, 2024, Case #: 24-0663, Categories: Habeas, Murder, Commitment
J. Lambert finds the trial court improperly denied defendant's post-conviction motion alleging ineffective assistance of counsel at his second-degree murder trial which ended in his conviction for attempted manslaughter and shooting or throwing deadly missiles into an occupied vehicle. Defendant correctly argues that his counsel was ineffective for failing to impeach the state's key witness, specifically a woman who identified him as the shooter and claimed to have met him and had sexual relations with him years earlier when they went to middle school together. The trial court's order summarily denying defendant's motion is overturned on that ground, and the case is remanded for an evidentiary hearing or attachment of additional records. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 3, 2024, Case #: 23-2570, Categories: Ineffective Assistance, Murder