1,064 results for 'court:"Florida Courts Of Appeal"'.
Per curiam, the appeals court finds the trial court made an error granting summary judgment to the medical doctor in a dispute with his insurance company over unpaid personal injury protection benefits and the improper cancellation of his policy. The trial court granted summary judgment on a claim that was not properly pleaded, as the doctor's amended complaint sought declaratory judgment on a claim over the cancellation of his policy, not the improperly pleaded but related summary judgment claim he brought later. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 10, 2024, Case #: 22-1529, Categories: Insurance, Contract
J. Gordo finds the trial court properly granted summary judgment to the property owner and property manager in a premises liability lawsuit from a non-resident citizen who was shot in a secluded area near the property's perimeter. In part because the shooting by an unknown assailant occurred on a public street that is not controlled by the owner or manager, the citizen cannot dispute the facts that he was shot outside their premises, where armed security were on patrol at the time, and that the manager and owner could not have foreseen the danger he faced. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: April 10, 2024, Case #: 23-0998, Categories: Premises Liability
J. Levine finds that the trial court improperly ruled for an insurer in claims seeking coverage for property damage because genuine issues remain in dispute regarding the insured's refusal to participate in the examination under oath. Reversed.
Court: Florida Courts Of Appeal, Judge: Levine, Filed On: April 10, 2024, Case #: 4D2022-0378, Categories: Insurance, Contract
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J. Bokor finds the trial court improperly dismissed defendant's misdemeanor DUI charge because a report a state's witness prepared was not provided to defense counsel before the trial. Seeing as how "dismissal is an extreme sanction," the trial court abused its discretion by dismissing the charge based on a report that was inadvertently not provided to the defense and contained neither evidence to exonerate defendant nor hardly any evidence that was not already in a different witness' report. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: April 10, 2024, Case #: 23-0464, Categories: Dui, Discovery
J. Emas finds that, in light of the state's motion for clarification, a new opinion is necessary to replace a previous opinion in defendant's speedy-trial dispute in her case in which she faces charges for fleeing the scene of an accident while driving under in the influence. Given the facts of the case and the applicable rules of criminal procedure, it cannot be said that defendant's petition for a writ of prohibition filed with the county court claiming she was denied a speedy trial within 90 days of her being taken into custody was an appeal that technically "delayed" her trial. Defendant's second writ of prohibition filed with the appellate court is granted, and the case is remanded for final discharge of defendant's misdemeanor charges.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: April 10, 2024, Case #: 23-1702, Categories: Criminal Procedure, Dui, Speedy Trial
Per curiam, the appeals court finds the trial court partially erred in denying defendant's motion for postconviction relief based on ineffective assistance of counsel at his trial which ended in him being convicted of attempted first-degree murder and other charges. The trial court did not attach enough findings to totally refute defendant's claim it denied regarding unimpeached video testimony from the victim, so the case is remanded for the trial court to either hold an evidentiary hearing or attach the needed records. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 9, 2024, Case #: 22-1055, Categories: Evidence, Ineffective Assistance, Murder
J. Jay finds the trial court did not err at defendant's second trial on murder and sexual battery charges from 2007 by allowing testimony from two witnesses to a previous sexual battery defendant committed in 1986 that led to him pleading guilty and serving a 13-year prison sentence. Defendant unsuccessfully argues the testimony should have been blocked because of the time lapse between crimes he claims were dissimilar, as there are multiple similarities between the crimes and the time separation between them is at least in part due to the fact that he was in prison for much of that time. The trial court did not abuse its discretion, there was no unfair prejudice against defendant, and his guilty convictions and sentences stand. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: April 5, 2024, Case #: 23-1169, Categories: Murder, Sex Offender
J. Mize finds that the trial court erred in revoking defendant’s probation for failure to report to the probation officer two months in a row. The trial court’s order is remanded for reconsideration of probation being revoked and what sentence should be imposed. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 5, 2024, Case #: 6D23-786, Categories: Probation, Sentencing
J. Stagel improperly granted a patron final judgment in this negligent security arising from a shooting at a strip club. The property owner and his corporate entity argues they lacked control over the premises since it is leased to another business to establish duty of care. Based on evidence the owner and his entity did not maintain control over the premises and should have had entry of direct verdict. Reversed.
Court: Florida Courts Of Appeal, Judge: Stagel, Filed On: April 4, 2024, Case #: 6D23-1205, Categories: Negligence, Premises Liability
J. Artau finds that a father should be granted a writ of prohibition in child custody claims since the judge demonstrated significant bias against the father based on the father's opposition to his minor child's intention to undergo gender transitioning prior to adulthood, as the judge's opinion threatened to interfere with the father's right to make parental decisions.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: April 3, 2024, Case #: 4D2023-1825, Categories: Family Law, Judiciary
J. Conner grants pet retailer Chewy a writ of certiorari after the trial court denied a protective order to prevent deposition of its CEO in claims alleging corporate libel and defamation because evidence does not indicate the CEO possesses personal, unique information pertinent to litigation.
Court: Florida Courts Of Appeal, Judge: Conner, Filed On: April 3, 2024, Case #: 4D2023-2967, Categories: Defamation, Discovery
J. Lewis finds that the trial court improperly ruled in part against a university accused of charging application and orientation fees that exceeded the maximum allowed under Florida statutes because the board was entitled to immunity on declaratory judgment claims. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lewis, Filed On: April 3, 2024, Case #: 1D2021-1857, Categories: Education, Immunity, Contract
J. Lindsey finds the trial court properly awarded a final judgment to the homeowner after a jury found in his favor in his lawsuit against his insurance company over water damages to his home. The insurance company incorrectly argues it is entitled to a new trial because two documents it submitted as evidence were blocked as hearsay, and nothing else in the record warrants reversal. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: April 3, 2024, Case #: 23-0301, Categories: Insurance, Contract
J. Logue finds the trial court did not err in awarding final judgment to the real estate company in a dispute with the investment firm over ownership rights to two properties involving allegedly fraudulent actions by an individual who worked for both entities. In part because the company has proven it paid to purchase the two properties at issue and the firm cannot prove it paid to purchase the properties or that any entity with authority to do so transferred the properties' titles to it, the trial court properly found the company had proven it had the superior claim to the titles and found in its favor on its quiet title and recission claims. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 23-0695, Categories: Property, Real Estate
J. Miller finds the trial court erred by not granting Facebook's motion to dismiss a lawsuit from an ammunition manufacturer over damages it sustained when an impostor created a clone of the manufacturer's Facebook account and used it to conduct business as the manufacturer. The allegations in the lawsuit are not enough to establish specific jurisdiction in a Florida court over Facebook, whose parent company is a Delaware corporation headquartered in California, in part because there is no tort claim alleged against Facebook. The trial court's order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0948, Categories: Tort, Jurisdiction