1,064 results for 'court:"Florida Courts Of Appeal"'.
J. Scales finds the trial court improperly denied the boat manufacturer's motion to intervene in its competitor's lawsuit alleging breaches of a former employee's non-confidentiality agreement once he was hired by the manufacturer. The manufacturer should have been allowed to intervene in the injunction proceeding on due process grounds, in part because it had an interest in the litigation because the employee was enjoined from working for it. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: March 20, 2024, Case #: 23-0882, Categories: Contract, Injunction
Per curiam, the court of appeal grants the agency's petition for review of the Administrative Law Judge's ruling in this dispute over the alleged overpayment of Medicaid payments. The ALJ is to make specific findings of fact on each incident of overpayment that was identified in the final audit.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 20, 2024, Case #: 1D2023-0020, Categories: Medicaid, Agency
J. Miller finds the trial court did not err in its decision authorizing the disbursement of proceeds from the partition and sale of two condo units the ex-boyfriend and ex-girlfriend shared during their relationship. The trial court was not mandated by statutes to handle the sale proceeds in any other way than the way it handled them, that is by placing certain fees due to the ex-girlfriend in trust and dispersing the ex-boyfriend his remaining share. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 20, 2024, Case #: 23-1095, Categories: Property, Contract
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J. Logue finds the trial court properly dismissed with prejudice the condo owners' lawsuit against their condo association's general counsel in part alleging that the counsel's legal advice caused the association's president to breach his fiduciary duty to them. The counsel's contractual relationship with the association does not mean the counsel has a contractual relationship with the owners, and there is no implied fiduciary relationship between the owners and the counsel as the owners argue. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: March 20, 2024, Case #: 22-2040, Categories: Fiduciary Duty, Contract
J. Fernandez finds the trial court partially erred in its decision granting leave to add punitive damages claims to the loan recipients' counter-complaint in the lending company's foreclosure lawsuit involving alleged fraud committed by the loan recipients. The trial court's order is affirmed in terms of the claim for punitive damages against the loan processor, but it is reversed as to similar damages against the lending company and the underwriter of the loan. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: March 20, 2024, Case #: 23-0559, Categories: Fraud, Foreclosure
J. Mize denies an inmate’s petition for writ of habeas corpus in his case including sexual battery, lewd or lascivious conduct and molestation. He argues he is being illegally detained after the trial court denied modifying defendant’s bond. The trial court properly found plausible cause to revoke the bond after the man committed a new crime in violation of his pretrial release.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: March 18, 2024, Case #: 6D24-27, Categories: Sentencing, Sex Offender
J. White grants a patient’s writ of certiorari to quash the trial court’s order authorizing a doctor, hospital and surgery group to issue subpoenas for her medical records. The trial court failed to limit the subpoenas or perform an in-camera inspection to prevent the disclosure of medical records.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-2217, Categories: Evidence, Health Care, Discovery
J. Casanueva finds that the trial court improperly vacated a final judgment favoring the vehicle owner in this dispute over towing charges in light of sufficient evidence of process of service. Reversed.
Court: Florida Courts Of Appeal, Judge: Casanueva, Filed On: March 15, 2024, Case #: 2D23-1332, Categories: Contract
J. Lambert finds the trial court properly granted summary judgment to the foundation services company and others being sued by the citizen, and its summary judgment rulings are affirmed without discussion. There is no jurisdiction to hear the citizen's appeal of the trial court's nonfinal order denying her leave to amend her second amended complaint, so that portion of the appeal is dismissed. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: March 15, 2024, Case #: 22-2558, Categories: Jurisdiction, Contract
J. White finds the trial court improperly sentenced a man to a life sentence for first-degree sexual battery, burglary with assault or battery, false imprisonment and robbery possessing a deadly weapon. He was properly classified as habitual felony offender which the maximum sentence on the sexual battery and robbery should have been a maximum of 30 years each. Therefore, the trial court shall resentence him as a habitual felony offender, change both the sexual battery and robbery to second-degree offenses and the false imprisonment to a third-degree offense. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-394, Categories: Robbery, Sentencing, Sex Offender
J. Boatwright finds the trial court improperly granted summary judgment to the homeowner in the lawn services company employee's slip-and-fall lawsuit claiming he stepped on dark-colored algae on the homeowner's deck and fell while at the home to apply herbicide and fertilizer. There are genuine disputes of fact over whether the homeowner properly maintained his deck and warned others of its condition, as well as whether the employee was technically injured while performing his contracted work, so summary judgment was inappropriate and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: March 15, 2024, Case #: 23-0324, Categories: Premises Liability
J. Harris finds the trial court improperly denied defendant's motion to dismiss the information filed in her case charging her with a third-degree felony for passing a forged check. The detainer filed against defendant while she was incarcerated for an unrelated matter does not constitute proper process service under Florida law, as defendant correctly argues. Her appeal is treated as a petition for a writ of prohibition, the petition is granted, the order denying her motion is quashed and the case is remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: March 15, 2024, Case #: 23-0697, Categories: Criminal Procedure, Forgery
J. Boatwright finds the trial court improperly dismissed the property owner's civil complaint alleging assault, battery and other charges against his ex-girlfriend connected to an incident in which her cousin attacked the owner after they broke into a condo in Belize the ex-girlfriend and the owner had previously shared during their relationship. Despite the fact that the owner initially filed his complaint in Belize, he subsequently filed it in Brevard County, Florida, and in part because both he and the ex-girlfriend have acknowledged that Florida is a more convenient venue for litigation than Belize, the trial court was wrong to dismiss the complaint based on a finding of inconvenient forum without weighing all the factors and evidence involved. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: March 15, 2024, Case #: 23-2000, Categories: Venue, Assault
J. Emas finds defendant's habeas corpus petition in his case alleging two offenses of lewd and lascivious molestation of a minor under the age of 12 must be granted. In part because the child victim did not testify in person at defendant's adversary preliminary hearing, the child's two out-of-court statements prosecutors submitted at the hearing were improperly allowed as evidence by the trial court, as they qualify as inadmissible hearsay given the circumstances. No other evidence was brought to establish probable cause, so defendant must be released on recognizance.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 14, 2024, Case #: 24-0331, Categories: Evidence, Sex Offender, Child Victims
[Consolidated] J. Fernandez finds the trial court partially erred in its final judgment and judgment awarding attorney fees in a dispute between an investment firm and holding company over a joint venture and subsequent settlement agreement for a business manufacturing organic juices. All portions of the firm's main appeal of the trial court's final judgment are affirmed, but the trial court is reversed in part as to the company's cross-appeal as it relates to the company's claim of breach of the settlement agreement and the count in the firm's third amended counterclaim seeking to set aside the settlement agreement and mutual release on grounds of duress and coercion. The award of attorney fees is affirmed without discussion. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: March 13, 2024, Case #: 22-1292, Categories: Settlements, Contract
J. Miller finds the trial court properly ordered defendant to be civilly committed as a sexually violent predator, as none of the cases defendant cites trumps the fact that he was found to have violated multiple aspects of his plea agreement that conditionally suspended civil commitment. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 13, 2024, Case #: 22-2047, Categories: Sex Offender, Commitment
J. Damoorgian finds that the trial court properly dismissed a mother's petition to terminate the father's parental rights to his minor child because the father's placement on home confinement did not constitute "incarceration." Affirmed.
Court: Florida Courts Of Appeal, Judge: Damoorgian, Filed On: March 13, 2024, Case #: 4D2023-2158, Categories: Family Law
J. Kilbane finds the trial court improperly granted the son's motions to strike the trustees' petitions to determine homestead status of a residential property owned by the married couple before they passed away. The trustees are judicially estopped from arguing at this point that the rules of civil procedure should not have been applied to the motions to strike, as the parties carried out those proceedings as if they were adversary. However, because the trial court's handling of the motions was otherwise procedurally deficient, its order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: March 8, 2024, Case #: 22-1369, Categories: Civil Procedure, Wills / Probate