29 results for 'judge:"Emas"'.
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
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. 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
J. Emas finds the trial court improperly denied defendant's motion for final discharge of three misdemeanor traffic offenses she faced for driving under the influence and driving under the influence causing property damage, which she moved for on speedy-trial grounds. The defendant's filing for writ of prohibition did not effectively delay her trial even if it could be considered an "appeal" under Florida rules of criminal procedure, so it did not trigger the 90-day speedy trial period. Defendant's petition for writ of prohibition is granted, and the case is remanded for the trial court to enter an order of final discharge of the misdemeanor offenses.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-1702, Categories: Criminal Procedure, Dui, Vehicle
J. Emas finds the trial court partially erred in granting summary judgment to the security firm in the lawsuit from the insurance companies over unpaid premiums. Although the affidavit, invoices and other evidence the firm introduced met its evidentiary burden as to the insurance companies' counts of open account and account stated, the firm's failure to attach the underlying insurance policies means it did not meet its burden as to the companies' breach of contract count, so the trial court's order is reversed as to that count and the case is remanded for more proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-0594, Categories: Insurance, Contract
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J. Emas finds the trial court properly denied defendant's motion to disqualify the trial court during proceedings in a case in which defendant was found to have convicted four new crimes, including drug possession and DUI, while on probation after serving a sentence for armed robbery and gun possession. The trial court did not err by inquiring about defendant being qualified as a "prison releasee reoffender" when determining whether to reject or approve defendant's negotiated plea, which defendant's counsel incorrectly argued deviated from the trial court's neutrality. Defendant's life sentence entered upon the revocation of his probation is upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 14, 2024, Case #: 22-1298, Categories: Probation, Robbery, Plea
J. Emas finds the trial court erred in its final judgment in the dissolution of the wife and husband's marriage, including by concluding that $107,970 in funds from three Honduran bank accounts, which the husband claimed the wife hid and the wife claimed were not actually hers, counted as marital assets to be equitably distributed. The trial court made an error by admitting the Honduran bank records into evidence without authentication and relying on the unauthenticated records in its decision to distribute the assets. The trial court is reversed on that basis, as well as on the basis that it improperly denied the wife's requests for prejudgment interest and attorney fees, and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 7, 2024, Case #: 22-0757, Categories: Family Law
J. Emas finds the trial court properly denied the county's motion for summary judgment in the citizen's lawsuit claiming he was struck by a bus after getting off of it following an argument with the driver. The county is not entitled to sovereign immunity at this time because it remains disputed whether the driver intentionally struck the citizen, who says the driver would not have been able to see him at the time because he was in the bus's blind spot. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: January 10, 2024, Case #: 22-2132, Categories: Tort, Immunity
J. Emas finds the trial court improperly denied the condo association's motion to compel appraisal for its reopened claim to its insurance company over damages its properties sustained in Hurricane Irma because the claim did not include "some type of estimate" of damages. Given a plain reading, the applicable statute does not require an estimate of damages to support a reopened or supplemental claim to an insurance company, and the association's letter outlining its reopened claim was otherwise sufficient. The trial court's order is reversed and it is ordered to hold further proceedings on remand. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: January 3, 2024, Case #: 22-1895, Categories: Insurance, Contract
J. Emas finds the trial court properly entered an order removing the sister as personal representative of her deceased father's estate and as trustee of his revocable trust, as the evidence shows she failed to distribute trust income and otherwise failed to do what was required of her once her father's estate was admitted to probate. The portion of the trial court's summary judgment order in favor of the sister's sibling which removed the sister as personal representative and trustee is upheld, and the remainder of her appeal is dismissed as taken from a non-final order. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 22-2065, Categories: Wills / Probate, Contract
J. Emas finds the trial court properly found in favor of the mother and daughter in their lawsuit over injuries the then seven-year-old daughter suffered when she ran into a wall while at the county's after-school program. The trial court properly denied the county's motion for a directed verdict and a new trial, as the jury's verdict in favor of the mother and daughter is supported by evidence of the after-school program's employee's negligence. The jury's determination that the county was 95% negligent and the daughter was 5% negligent stands, as does the mother and daughter's damages award of $3,954 in past medical expenses and $105,000 for past pain and suffering. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 22-1769, Categories: Damages, Negligence
J. Emas finds the trial court properly found for the insured in a lawsuit between it and the insurance company over coverage of damages the insured's property sustained during Hurricane Irma. All of the insurance company's arguments fail, including those regarding the denial of its eleventh-hour motion to amend its affirmative defenses, its challenge to what it claimed were adverse jury instructions and its motion for mistrial based on supposed allegations of fraud the insured made against it in front of the jury. The final judgment in favor of the insured for $884,371 stands. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 22-0248, Categories: Insurance, Contract
J. Emas finds the trial court properly denied defendant's appeal of his judgment and conviction for misdemeanor trespass and resisting an officer without violence. Defendant's challenge to his sentence based on the trial court's statements at a post-sentencing hearing questioning the truthfulness of defendant's testimony fails, as the trial court was not erroneous in considering this aspect under Florida precedent when fashioning an appropriate sentence. The rest of defendant's arguments are dismissed without discussion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 23-0589, Categories: Sentencing, Resisting Arrest, Trespass
J. Emas finds the trial court properly denied the former husband's challenge to awards given to the former wife in the final judgment dissolving their marriage. Despite the short-term nature of the seven-year marriage, the trial court's award of $1,000 permanent monthly alimony, one-time lump sum alimony comprising the husband's interest in their marital home and 50% of the husband's 401(k) account is supported by the evidence, including because of circumstances brought on by the wife's multiple sclerosis diagnosis prior to their marriage and her suffering effects from treatment for a brain tumor after they married. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 22-0409, Categories: Family Law
J. Emas finds the trial court properly denied defendant's motion for post-conviction relief, as his judgment and sentence became final in March 2019 and he did not file his motion until January 2023, making it untimely according to the two-year time limitation under Florida law. Although defendant argues his motion was late because he could not access documents from his attorney, nothing in the record shows he was denied meaningful access to the materials he needed or explains why he waited so long before trying to obtain them. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: November 29, 2023, Case #: 23-0380, Categories: Criminal Procedure, Sentencing
J. Emas finds the trial court properly found for the homeowners in their dispute with the insurance company over coverage of "cracking damage" to the interior of their home, which they say was caused by blasting at a nearby rock quarry. The jury's verdict finding that the damages were not excluded under the homeowners' policy is supported by adequate evidence and the trial court made no reversible error in denying the company's motion for a directed verdict and new trial, or in its instructions to the jury saying the homeowners' claim is not excluded if "shock waves" combined with wear and tear caused the damages. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: November 29, 2023, Case #: 22-0828, Categories: Insurance, Jury, Contract
J. Emas finds the trial court properly entered final judgment in favor of the property owners in a quiet title dispute from a limited liability company and a citizen, as the company and citizen failed to adequately dispute material facts established by the property owners. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: November 8, 2023, Case #: 22-2150, Categories: Property, Contract
J. Emas finds the trial court properly awarded attorney fees to the condo developer in a lawsuit from a real estate company over a failed deal between the two. The terms of an agreement in which the company assigned its rights to three condo units to another entity specifically holds that if the transaction failed to close and the developer prevailed in any legal action, both of which occurred, the company is liable for the developer's attorney fees and costs. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: October 4, 2023, Case #: 21-1547, Categories: Property, Attorney Fees, Contract
J. Emas finds the trial court properly entered a final judgment in favor of the landlord in a lawsuit over the commercial tenant's defaulting on rent payments for its gym, which occurred after the Covid-19 pandemic prompted the closure gyms and similar establishments. The assignment of the lease from the original tenant to a new tenant does not absolve the guarantor's from its obligations under the lease, and there is insufficient evidence to show the landlord acted in bad faith in failing to lower the rent and ignoring a square footage assessment of the property in attempting to re-lease it, so the tenant's arguments against the landlord's breach of guaranty and breach of lease agreement claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: September 27, 2023, Case #: 22-1317, Categories: Landlord Tenant, Contract
J. Emas finds partially in favor of the citizen in his lawsuit against the towing company over the towing, storage and ultimate sale of his car by a state agency. The trial court's summary judgment order in favor of the towing company is upheld as to the claim under Florida law related to giving notice about the sale of impounded cars, but the trial court is reversed as to the civil theft claim and claim under the Florida Deceptive and Unfair Trade Practices Act because it did not address these claims on the record in its decision as required. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: September 20, 2023, Case #: 22-0915, Categories: Civil Procedure, Tort, Vehicle
J. Emas finds the trial court improperly denied the medical providers' motion to intervene in a lawsuit between an insurance company and an insured over a car accident. The medical providers' interest in the lawsuit is direct and immediate enough to qualify for intervention under Florida Law, in part because they have proven they will be denied policy benefits if the insurance company wins a judgment against the insureds. The case is remanded for the trial court to allow them to intervene. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: August 23, 2023, Case #: 23-0773, Categories: Insurance, Vehicle
J. Emas finds the trial court properly denied Royal Caribbean's motion to dismiss a lawsuit from a passenger who was severely burned while hiking on a volcano in New Zealand which erupted during a shore excursion on the passenger's cruise, one of multiple passengers injured or killed by the eruption. The trial court made no error in deciding that, despite Royal Caribbean's arguments, the contract between the passenger and a separate entity related to Royal Caribbean does not require the passenger's case to be litigated in New South Wales, and Royal Caribbean was not entitled to an evidentiary hearing on the matter. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: August 23, 2023, Case #: 22-1100, Categories: Negligence, Venue
J. Emas finds that the trial court ruled properly in this contract dispute over a condominium sale. The buyer’s right to terminate the agreement concluded at closing, which never occurred. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: August 2, 2023, Case #: 3D22-2085, Categories: Contract
J. Emas finds the trial court improperly granted summary judgment to the insurance company in the insured's dispute over coverage for damages her property suffered during Hurricane Irma in 2017. Although the record shows the insured waited almost two-and-a-half years after the hurricane to file her claim, there is a genuine dispute over whether her notice was "prompt" given that she did not learn of the damages for much of that time while a tenant was living in the property and never told her about them, and she filed her claim three weeks after discovering them for the first time. The trial court is overturned and the matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: June 21, 2023, Case #: 21-1847, Categories: Insurance, Contract
J. Emas finds the trial court properly found in favor of the medical provider in a dispute with the insurance company over compensation for treatment it provided the company's insured for injuries she suffered in a car accident. In compliance with the relevant Florida law, the provider's pre-litigation demand letter qualifies as a completed form that satisfied the requirement for an itemized statement of the $3,440 it claimed it was due, so the trial court correctly granted summary judgment to the provider. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: June 7, 2023, Case #: 22-0161, Categories: Insurance, Contract
J. Emas finds that the trial court improperly awarded attorney fees and sanctions in favor of the sister and against the siblings in a probate dispute after the brother engaged in vexatious litigation by failing to dismiss with prejudice a related case as required by the terms of the parties' earlier global settlement agreement. The trial court failed to hold an evidentiary hearing on the issues framed by the motion for sanctions. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: May 3, 2023, Case #: 22-1038, Categories: Sanctions, Wills / Probate, Attorney Fees