166 results for 'filedAt:"2023-09-15"'.
Per curiam, the court of appeal finds that the trial court improperly ruled in bad faith claims brought after an insurer declined to cover auto accident litigation because the court had not considered all theories of bad faith raised by the insured. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 15, 2023, Case #: 2D21-2443, Categories: Insurance
J. Smith finds that the trial court properly sentenced defendant to two consecutive life sentences for two murders he committed as a juvenile. Defendant is eligible for parole after 25 years, which constitutes a "meaningful opportunity" to be considered for release during his natural life. Affirmed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: September 15, 2023, Case #: 2D22-866, Categories: Juvenile Law, Murder, Sentencing
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Kelly finds that the trial court improperly denied a company leave to amend the complaint to include claims seeking punitive damages because the company sufficiently pleaded the claim, and the court applied the incorrect legal standard. Reversed.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: September 15, 2023, Case #: 2D22-2454, Categories: Damages, Contract
[Consolidated.] J. Sellers finds the lower court properly ruled in granting a right-of-way to a landowner to access their house in a landlocked area despite protest from an adjacent property owner. The landowner "established the existence of a prescriptive easement" to access her property for recreational and agricultural purposes. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: September 15, 2023, Case #: SC20230198, Categories: Property, Real Estate, Business Practices
J. Miller finds that the trial court properly dismissed the scooter driver's personal injury suit as abandoned since "more than three years passed without any step in the prosecution or defense." Though, the dismissal should be without prejudice. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: September 15, 2023, Case #: 2023CA0057, Categories: Civil Procedure, Tort
J. McClendon finds that the ex-husband was owed more than the $5,000 awarded as reimbursement because the trial court erred in determining that only $10,000 in community funds were used to repair the ex-wife's separate property. Since $15,866 was expended, the ex-husband is owed $7,933. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: September 15, 2023, Case #: 2023CA0060, Categories: Family Law, Property
J. Welch finds that the trial court properly ruled in favor of the attorney in a legal malpractice suit brought by property owners who allege he simultaneously represented them and a lender that foreclosed on the property. The owners did not give sufficient evidence that any alleged negligence by the attorney caused their damages since their own actions led to the loss of the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: September 15, 2023, Case #: 2023CA0065, Categories: Property, Fiduciary Duty, Legal Malpractice
J. Wolfe finds that the trial court improperly granted summary judgment on the restaurant patron's personal injury claims over a fall off the curb in the parking lot that resulted in a fractured shoulder. The evidence raises a genuine issue of material fact as to whether there was enough lighting in the area where the patron fell. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: September 15, 2023, Case #: 2023CA0129, Categories: Civil Procedure, Tort
J. Welch finds that the trial court properly issued contempt rulings in the parties' divorce proceeding. The ex-husband failed to show that he was owed more than the $1,500 in attorney fees awarded on his rule for contempt against the ex-wife, and he was correctly found in contempt for not reimbursing the ex-wife for certain expenses for which he was responsible. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: September 15, 2023, Case #: 2023CA0242, Categories: Contempt, Family Law, Attorney Fees
J. Holdridge finds that the trial court properly dismissed the individual's claims against the attorney relating to allegations her confidential information was accessed by the law firm's employee to benefit the individual's ex-husband in their divorce. The evidence does not show the attorney had knowledge of the employee's creation of the fraudulent account. Also, the attorney's motion to strike portions of the individual's reply brief that likens the attorney "to a demonic entity from the movie The Exorcist" is granted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: September 15, 2023, Case #: 2023CA0250, Categories: Family Law, Tort
Per curiam, the court of appeal finds that the circuit court improperly denied a minor judicial waiver of statute requiring her legal guardian to consent to her abortion on grounds that the pregnancy had gone beyond six weeks of fetal gestation because the proposed law had not yet become effective, and the court must consider the petition on the merits. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 15, 2023, Case #: 5D23-2754, Categories: Civil Rights, Constitution
J. Green finds a lower court properly dismissed a civilian's motion for a new trial. The civilian argued that the State erred in charging her for disorderly conduct. However, the State presented sufficient evidence in court that the defendant's sentence of six months of non- reporting probation and a 30 days sentence was justified by evidentiary testimony, which she failed to timely object. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green , Filed On: September 15, 2023, Case #: 125,695, Categories: Evidence, Fair Trial, Probation
J. Jolson grants the corporation's motion to change venue in a securities class action brought by the retirement fund from the U.S. District Court for the Southern District of Ohio to the U.S. District Court for the Northern District of Georgia. The retirement fund claims that the corporation disseminated or recklessly disregarded false and misleading statements about its positions on railway safety. The corporation's headquarters are in Atlanta and two of the executives live and work in Atlanta. The flow of information from the corporation and executives to the shareholders stems from Atlanta.
Court: USDC Northern District of Georgia, Judge: Jolson, Filed On: September 15, 2023, Case #: 1:23cv4175, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Venue, Class Action
J. Freudenberg finds the district court properly denied defendant's plea in bar. Defendant alleges that a trial on pending Uniform Controlled Substances Act charges would subject him to double jeopardy through a separate judgment of money forfeiture. Defendant failed to demonstrate he was punished by the forfeiture because he did not show he had an ownership interest in the forfeited money. The forfeiture sanction is civil, not criminal for purposes of a double jeopardy analysis. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: September 15, 2023, Case #: S-22-612, Categories: Drug Offender, Forfeiture, Double Jeopardy
J. Stacy finds the district court properly dismissed defendant's motion for a new trial without an evidentiary hearing. Defendant was convicted for 2 counts of murder during a robbery of a rural farmhouse in 1989. His convictions were affirmed on direct appeal, with various motions for new trial and postconviction relief being consistently denied. Evidence of an accomplice's DNA at the scene has already been considered and found not to support a new trial. The claim is barred by law-of-the-case doctrine. Defendant's operative motion and supporting documents do not support entitlement to an evidentiary hearing. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: September 15, 2023, Case #: S-21-515, Categories: Evidence, Murder, Robbery
Per curiam, the Supreme Court of Ohio denies the board of education's petition for a writ of mandamus to compel placement of a tax levy on the November 2023 ballot. The board failed to comply with all filing requirements when it submitted an incorrect estimate for the increase in tax payments per $100,000 in property value. The board argues the estimate was a "scrivener's error" included because it had contemplated three different tax increases, but the tax increase amount is a crucial aspect of the issue and does not amount to a harmless error.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 2023-Ohio-3286, Categories: Education, Elections, Tax
J. Bade finds that the district court properly awarded costs to a hotel in an action brought under the Americans with Disabilities Act (ADA). The district court properly determined what rule governs the award of costs to a prevailing ADA defendant and allows an award in the court’s discretion. Affirmed.
Court: 9th Circuit, Judge: Bade, Filed On: September 15, 2023, Case #: 21-55926, Categories: Ada / Rehabilitation Act