1,071 results for 'court:"Florida Courts Of Appeal"'.
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
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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
Per curium, at issue in this insurance dispute is the amount of the attorney fees awarded to the insureds. The insurance company claims the awarded amount is unreasonable, arguing the rates and number of hours billed by the insureds is excessive. The instant court finds the matter should be remanded to the lower court for further consideration. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 3D23-0940, Categories: Insurance, Attorney Fees, Contract
J. Fernandez finds the lower court properly granted a bank’s motion for surplus funds. Homeowners appeal the lower court’s decision granting a bank the distribution of funds that originated as an overage from the foreclosure sale of the homeowners’ property. The lower court found the bank’s lien took priority over the homeowner’s rights and granted the bank’s request for distribution. The instant court finds no error in the lower court’s decision. Affirmed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: April 17, 2024, Case #: 3D23-600, Categories: Real Estate, Banking / Lending, Foreclosure
J. Lucas finds that the trial court improperly denied a pharmacy's motion to arbitrate contract claims in California because the section of the Federal Arbitration Act that authorizes federal district courts to compel arbitration in civil actions does not bar states from doing so under their own jurisdiction. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: April 17, 2024, Case #: 2D2023-0096, Categories: Arbitration, Jurisdiction, Contract
J. Miller finds the lower court improperly determined the amount of attorney fees to be awarded to an insurance company. USAA Insurance prevailed in litigating a personal injury protection case, and attorney fees were awarded, but the lower court found the attorneys were operating under a verbal flat rate agreement and reduced the fee judgment accordingly, and failed to award appellate fees in their entirety. The instant court finds no testimony presented that USAA worked under a flat rate agreement, and it is entitled to recover reasonable attorney fees. The matter is remanded to the lower court to determine and award reasonable fees, taxable costs and expert fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 17, 2024, Case #: 2022-2032, Categories: Insurance, Attorney Fees, Contract
J. Logue finds the lower court improperly dismissed a property owner’s motion to enforce a settlement agreement. A loan company sought foreclosure on a piece of real estate owned by the property owners, upon which a settlement agreement was reached. Within the settlement agreement is language stating that the trial court will retain jurisdiction regarding enforcement of the settlement, but the loan company argues the lower court never approved the settlement, only a joint stipulation; the instant court disagrees. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 17, 2024, Case #: 2022-1872, Categories: Settlements, Jurisdiction, Foreclosure
J. Scales finds the lower court properly convicted defendant of criminal conspiracy to tamper with evidence for attempting to arrange for the destruction of a cell phone that contained evidence pertaining to a first-degree murder charge for which he was jailed, and eventually acquitted. Evidence is sufficient to support his conviction for conspiracy to tamper with evidence and sentence of 300 days in the county jaile with four years of probation. Defendant’s arguments for acquittal are without merit and he is not entitled to relief. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: April 17, 2024, Case #: 2022-0134, Categories: Evidence, Conspiracy
J. Wallis finds the trial court improperly entered two nonfinal orders in part requiring monthly alimony and child support payments totaling $1,748 from the ex-husband to the ex-wife. The trial court violated the ex-husband's due process rights by ordering him to pay arrears when the ex-wife did not seek that relief, and the orders generally were not supported by substantial and competent evidence. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: April 12, 2024, Case #: 22-2800, Categories: Family Law
J. Pratt finds the trial court properly denied the trucking company's motion to stay and compel arbitration in a dispute between the property owner and multiple trucking companies in which the owner accuses the companies of litter and trespass for digging "an enormous pit" and dumping "construction debris and sludge" on its property. The trucking company cannot get the relief it seeks because it is not a party to the arbitration agreement it wants enforced. Affirmed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: April 12, 2024, Case #: 23-2094, Categories: Arbitration, Contract