9 results for 'judge:"Traver"'.
J.Traver finds the trial court improperly dismissed this medical malpractice lawsuit in favor of the physician and medical institutes brought by a patient who allegedly failed to submit a corroborating expert affidavit from a board-certified gynecological oncologist. She did submit such an expert, and the trial court’s interpretation of the expert’s qualifications was incorrect. Both physicians are board-certified OB-GYNs and the patient complied with the prerequisites. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: May 17, 2024, Case #: 6D23-1413, Categories: Experts, Medical Malpractice
J. Traver finds the trial court improperly denied the tenants’ motion to reconsider and entered a final judgment in favor of the landlord in this eviction lawsuit. The tenants argue the total amount of rent due was wrong and they were entitled to a hearing on their motion to reconsider. The judgment of eviction is vacated and remanded to determine the correct amount of rent due. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: April 26, 2024, Case #: 6D23-2223, Categories: Civil Procedure, Landlord Tenant, Damages
J. Traver finds that the trial court erred when it ruled in favor of a driver in a car collision case after she had accepted a settlement offer. It was also error to apply a post-judgment setoff that was not included in the settlement. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: March 8, 2024, Case #: 6D23-1031, Categories: Settlements, Negligence
J. Traver finds the trial court erred, in part, when it awarded summary judgment in favor of a former business partner in this commercial foreclosure case. The business partner argues he did not personally guarantee a restructured loan with the lender because the signatures and document fail to define “Borrower” or “Guarantors.” Wherefore, the lender argues it was signed on behalf of the borrower in the restructured loan because “Personally” is next to the signature block. The court finds there are genuine issues and remands this case back for further proceedings. Affirmed in part; Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: January 26, 2024, Case #: 6D23-644, Categories: Banking / Lending, Foreclosure
J. Traver finds that the trial court improperly found for homeowners in claims seeking insurance coverage for property damage because the policy did not cover the costs to tear out and fix the concrete slab to repair the plumbing system. The policy endorsement applied for the water damage loss because the corrosion was an “an act of nature,” but it does not cover the tear out and replacement cost. It is remanded for entry of an amended final judgment on the tear out and replacement costs. All other arguments are moot. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: November 9, 2023, Case #: 6D23-492, Categories: Insurance, Property
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J. Traver finds the trial court improperly entered final judgement in favor of the company on its claim for civil theft against an investor. A directed verdict should have been entered in favor of the investor since the company received his check for the full debt and waived any argument of noncompliance with its demand letters. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: June 23, 2023, Case #: 6D23-83, Categories: Civil Procedure, Conversion