1,064 results for 'court:"Florida Courts Of Appeal"'.
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. Logue finds the trial court improperly dismissed the insurance company's breach of contract claim against the condo association over a settlement the association reached with a developer, contractor and others, which the company claims violates its subrogation rights with relation to a separate action from condo unit owners over water damages caused by their defective balcony. The company has sufficiently pleaded its claims that the general releases the association granted as part of its settlement violate its right to potentially recover funds from the same parties that entered that settlement with the association, so it should be allowed to continue with the claims. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 22-1290, Categories: Insurance, Contract
J. Miller finds the trial court improperly granted summary judgment to the president of the laborer's corporate employer in the laborer's lawsuit claiming the president is responsible for failing to provide proper safety equipment to the laborer, causing him to fall while securing a tarp to a second-story roof. In part because there is evidence in the record showing the president personally gave the order to apply the tarp to the roof the laborer was working on, the laborer has at least sufficiently pleaded his claim such that summary judgment should not have been granted. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0175, Categories: Construction, Negligence
J. Logue finds the trial court improperly denied the trading card store's motion to compel arbitration in a dispute with an employee claiming he was wrongfully removed from the company that runs the store. The store and its owner did not waive their right to arbitration, and there is a "contractual nexus" between the store's operating agreement and the employee's claims, so the dispute is subject to arbitration. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 23-1458, Categories: Arbitration, Contract
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J. Soud finds the trial court properly denied the citizen's motion to add a claim for punitive damages in her lawsuit against AMC over injuries she suffered when she fell and was stepped on by other patrons who were rushing out of a movie theater after an AMC employee announced that everyone had to evacuate because of a shooting in the parking lot. The citizen has not met the burden of proving AMC was grossly negligent in its training of employees and supposed failure to ensure policies that would not lead to the "panic and confusion" that caused her injuries, so there is no basis for a punitive damages claim. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: March 28, 2024, Case #: 22-2671, Categories: Civil Procedure, Negligence
J. Bokor finds the trial court erred in allowing "harmful hearsay statements" in the son's lawsuit alleging Philip Morris fraudulently concealed the dangers of the cigarettes that caused his mother to die from lung cancer. Philip Morris correctly argues that testimony the mother's sons gave at trial regarding her expressions of anger at the tobacco companies following her cancer diagnosis, specifically that the companies represented that filtered cigarettes were safer, was "backward-looking" and did not properly speak to her state of mind at the time. Because it cannot be proved that this inadmissible hearsay did not contribute to the $43 million verdict in the son's favor, the trial court's final judgment is reversed and the case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: March 27, 2024, Case #: 21-2214, Categories: Fraud, Product Liability
Per curiam, the appeals court finds the trial court improperly granted the insured's oral motion to compel appraisal and in the meantime stay his lawsuit against the insurance company. The relevant policy requires that both parties agree to appraisal, and because the insurance company clearly stated at the time of the insured's motion that it did not agree to appraisal, the trial court erred by granting the motion, in the process also violating the company's due process rights by hearing and granting the motion at an unrelated pretrial hearing without prior notice. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 27, 2024, Case #: 23-0256, Categories: Insurance, Due Process
J. Emas finds the trial court did not err by granting the citizen's motion to amend her complaint to add a claim for punitive damages in her lawsuit against the motorist who backed into her in a parking lot and pinned her between two cars, causing injuries requiring surgery. Despite varying accounts given from witnesses, there was an evidentiary basis to allow the citizen to add her claim for punitive damages because, she asserts, the motorist was drunk at the time of the incident. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 27, 2024, Case #: 23-0639, Categories: Evidence, Damages, Negligence
J. Miller finds that the trial court properly concluded the son lacked standing to challenge the benefits of homestead granted to the daughter in a probate dispute over the deceased father's estate, in part because the son was not a beneficiary under the disputed will. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 27, 2024, Case #: 23-0975, Categories: Wills / Probate
J. Kilbane finds the trial court partially erred in its judgment in a case involving a dispute between the debt purchaser and the debtor over a security agreement and four promissory notes. The portion of the trial court's judgment holding the debtor liable for a $75,000 debt connected to the security agreement is affirmed, but it is reversed as to the potion of the judgment related to a nearly $300,000 additional liability connected to the four promissory notes because the trial court abused its discretion by giving the debt purchaser a rehearing when he claimed to have found the original notes after not producing them at trial. The case is remanded to enter a judgment dismissing with prejudice the debt purchaser's claims related to the promissory notes. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: March 22, 2024, Case #: 22-2104, Categories: Debt Collection
J. Stargel finds the appeals court lacks jurisdiction to consider a man’s post-judgment restitution order argument and must dismiss this portion. The man fails to show any issue with the judgment and sentence of one year in jail for two counts of battery. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: March 22, 2024, Case #: 6D23-2484, Categories: Sentencing, Battery
J. Jay finds the trial court properly decided Dollar General was not entitled to a directed verdict in the consumer's slip-and-fall case, as a reasonable jury could have reached the conclusion that Dollar General employees knew about the wet floor that caused the consumer to fall. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: March 22, 2024, Case #: 22-2906, Categories: Premises Liability
J. Edwards finds the trial court improperly granted the mother's petition allowing her to relocate her and the father's children from Nassau County, Florida to Cape Canaveral, Florida, roughly three hours away by car. The mother's petition was legally insufficient, in part because she made no showing that the relocation would be in the children's best interest, and there is nothing in the record showing the trial court considered all the necessary factors when making its decision. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: March 22, 2024, Case #: 23-1486, Categories: Family Law
J. Gordo finds that the vessel owner's motion for a rehearing in its lawsuit over the denial of its claim to its marine insurance company after its vessel partially sank must be denied. Replacing a previous opinion in this matter, it is found that the trial court properly granted the insurance company's motion to dismiss on forum selection grounds. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 20, 2024, Case #: 22-1333, Categories: Admiralty, Insurance, Venue
J. Scales finds the trial court improperly denied the Brazilian airline's motion for attorney fees in a lawsuit from the aircraft leasing company over failed negotiations for the purchase of six Boeing 737 aircraft. The trial court was incorrect in deciding that the parties' joint settlement proposal was invalid in part because it did not properly apportion the settlement offer between the parties. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: March 20, 2024, Case #: 22-1736, Categories: Attorney Fees, Contract
J. Osterhaus finds that the trial court improperly imposed a restitution order in favor of the burglary victim. The court erred in awarding lost wages for working as an unlicensed cosmetolgoist, as operting as a cosmetologist without a license is illegal. Reversed.
Court: Florida Courts Of Appeal, Judge: Osterhaus, Filed On: March 20, 2024, Case #: 1D2023-1253, Categories: Restitution
J. Gordo finds the trial court properly denied the citizen's petition for a writ of mandamus ordering the law enforcement officials to investigate crimes he alleges were committed against him, as the citizen has no established legal right to compel officers to conduct such an investigation and the trial court lacks authority to interfere with law enforcement business in such a way. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 20, 2024, Case #: 22-2079, Categories: Civil Procedure
J. Lobree finds the trial court improperly concluded that the property owner was entitled to a disbursement of surplus funds from the sale of the painting company's property at a tax deed auction to satisfy federal tax liens against the company. Under the relevant Florida statutes, the owner was not entitled to receive the surplus funds, in part because the record shows the IRS never granted its interest in the property or a federal tax lien to the owner. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: March 20, 2024, Case #: 23-0411, Categories: Property, Tax