1,064 results for 'court:"Florida Courts Of Appeal"'.
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the county's breach of contract lawsuit against the county fair association alleging the latter's failure to redevelop real estate where an annual county fair would be held since leasing the land in 1964. The county's amended complaint sufficiently alleges a "continuing breach" of the parties' contract such that the relevant five-year statute of limitations does not apply. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-1060, Categories: Real Estate, Contract
J. Bokor finds the trial court improperly denied defendant's motion for judgment of acquittal in his case alleging that, in his role as a police officer, he knowingly falsified an arrest affidavit and offense incident report and battered the person he was arresting. The evidence, including body camera footage from multiple officers, shows that defendant's description of the arrest in the documents in question is not "patently false or inaccurate" such that it constitutes a crime. The trial court erred in denying defendant's two motions for judgment of acquittal, and the case is remanded for defendant to be acquitted on both his official misconduct and battery charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 1, 2024, Case #: 22-1276, Categories: Evidence, Battery
J. Scales finds the trial court did not follow proper procedures in entering an order of disposition that required the mother to undergo a mental health evaluation as part of a plan to regain custody of her daughter placed into foster care after being sexually assaulted by the father of the mother's other child. The relevant statutes and procedures required the trial court to give the mother proper notice and specify the time, manner and other details of the mental health evaluation, neither of which occurred. The mother's petition for writ of certiorari is construed as an appeal, and the portion of the court's order requiring the mental health evaluation is overturned without prejudice. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 1, 2024, Case #: 24-0404, Categories: Family Law
Per curiam, the appeals court finds the trial court improperly granted a motion to enforce a settlement agreement in a lawsuit over injuries a motorist sustained in a car collision. Because the insurance company of the driver who injured the motorist did not disclose an additional policy held by the driver's co-defendant before the motorist settled, an essential term of the motorist's offer to settle was violated, making the underlying settlement unenforceable. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1749, Categories: Insurance, Settlements
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J. Gerber finds that the trial court improperly denied the company's motion to compel compliance with a subpoena issued in relation to litigation taking place in Louisiana because evidence indicates the information is discoverable based on the court order. Reversed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: May 1, 2024, Case #: 4D2023-1970, Categories: Discovery
J. Winokur finds that the circuit court properly denied defendant a writ of mandamus seeking another parole interview and consideration of a reduced sentence for aggravated assault because the commission has discretion to decide when to hold parole interviews, and defendant did not have a legal right to an interview. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: May 1, 2024, Case #: 1D2023-0798, Categories: Parole, Assault, Due Process
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. White finds the trial court erred when striking a mother and father’s parenting plan sua ponte, without the proper notice. The mother petitioned the appeals court for writ of prohibition or certiorari quashing the trial court’s order, as neither party had requested the plan to be struck. The court concludes her review should be an interlocutory appeal. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: April 19, 2024, Case #: 6D23-2856, Categories: Civil Procedure, Family Law
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. Mize finds the trial court properly denied the defendant’s motion to suppress evidence obtained of his bag obtained during a warrantless search. He lacks a standing to contest the search of the bag because it was abandoned on residential property, and he relinquished any expectation of privacy. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 19, 2024, Case #: 6D23-1787, Categories: Criminal Procedure, Search, Property
J. Brownlee finds the trial court improperly granted a patient summary judgment on his claim under the Florida Consumer Collection Practice Act that a foot and ankle center put a lien on his workers’ compensation settlement. The center argues there was insufficient evidence when the contingency fee multiplier was imposed. The court finds the multiplier failed factorial analysis from the beginning, but the patient presented no evidence relevant to the first factor. Therefore, this case is remanded solely to enter judgement without the contingency fee multiplier. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: April 19, 2024, Case #: 6D23-665, Categories: Settlements, Attorney Fees, Contract
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
The instant court finds the lower court properly denied defendant’s motion for post-conviction relief. Defendant argues they are entitled to post-conviction relief on grounds that there is new evidence to be considered, as a witness is recanting their original testimony. The instant court finds an evidentiary hearing is necessary to consider the defendant’s claim of newly discovered evidence. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 2023-0134, Categories: Evidence, Witnesses