12 results for 'judge:"Fernandez"'.
J. Fernandez finds the trial court improperly granted the court-appointed lawyer $43,530 in attorney fees at a rate of $100 per hour for representing an indigent defendant in a murder trial. The trial court was wrong to find that the state administrative office's contract controlling the lawyer's representation of the client was unenforceable, so the office's petition for writ of certiorari is granted, the trial court's order is quashed, and the case is remanded for the trial court to award the lawyer $32,647 in fees at a rate of $75 per hour.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 8, 2024, Case #: 23-2209, Categories: Attorney Fees
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. 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
[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. Fernandez finds the trial court failed to hold an evidentiary hearing before deciding that the brother would be awarded more than $800,000 in attorney fees and the sister would be granted only $6,718 of the $742,732 in fees she sought in the parties' dispute over the incapacity and guardianship of their mother. Because this was an abuse of the trial court's discretion, in part because the sister never waived her right to an evidentiary hearing, on remand the trial court is ordered to hold such a hearing on whether the parties' attorney fees are reasonable. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: January 3, 2024, Case #: 23-0180, Categories: Guardianship, Attorney Fees
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J. Fernandez finds, in responding to the the son's motion for clarification, the probate court improperly denied the son's third amended motion for satisfaction of claim in his deceased mother's probate case. The probate court's "faulty reasoning" in denying the son's motion fails, in part because its rationale for denying the motion based on the dismissal without prejudice of a related civil case over title to four properties is not supported by the law, as such a dismissal does not bar the son's probate claim over the same issue. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: November 22, 2023, Case #: 22-1039, Categories: Property, Wills / Probate
J. Fernandez finds that the trial court improperly ruled against the wife in breach of contract claims concerning unpaid invoices for landscaping services because the wife did not execute the contract with the landscaping company, which had been signed only by the husband. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: September 13, 2023, Case #: 3D22-918, Categories: Contract
J. Fernandez finds the trial court properly entered a final judgment of foreclosure against the homeowner's son, as there is enough evidence to support the trial court's conclusions about an ambiguous life estate deed used to make possible a reverse mortgage between the homeowner's mother and the bank. Affirmed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: September 6, 2023, Case #: 22-1960, Categories: Foreclosure, Contract
J. Fernandez finds the probate court improperly ruled against the son in his lawsuit against his deceased mother's estate asking for a statement of claim transferring to him ownership of four properties he was disputing with his mother about when she died. Based on "faulty reasoning" in addressing some issues or not addressing others, including regarding whether the estate waived its right to contest the son's probate claim, the probate court is overturned and the matter is remanded for further proceedings, during which the probate court is to handle the issue of waiver in the first instance. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: August 16, 2023, Case #: 22-1039, Categories: Wills / Probate, Fiduciary Duty
J. Fernandez finds the trial court properly revoked defendant's probation and gave him a life sentence for a battery charge, at least the sixth in his record. Defendant claims the trial court revoked his probation based on an uncharged violation, but the record is clear the trial court would have revoked probation and imposed the same sentence regardless of considering the violation. However, a portion of the trial court's order is reversed and remanded so the trial court can conform its written order to its oral pronouncement which included mention of the uncharged offense. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: August 16, 2023, Case #: 22-1120, Categories: Probation, Sentencing, Battery
J. Fernandez finds the public adjusting firm is entitled to a writ of prohibition in its lawsuit against the condo association regarding its right to payment related to work it did adjusting the association's hurricane insurance claim against an insurance company. The trial court does not have jurisdiction to adjudicate the firm's lien or any issues related to its agreement with the association, so the firm's petition for a writ of prohibition on those matters is granted.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: August 16, 2023, Case #: 23-0354, Categories: Insurance, Jurisdiction, Contract
[Consolidated] J. Fernandez finds partially in favor of the individual bringing a defamation suit against the news broadcaster for what he claims was false reporting on his business dealings, as well as partially in favor of his attorneys ordered to pay fees as sanctions after a hearing and re-hearing before the trial court on the broadcaster's motion. The trial court correctly ordered that two of the attorneys should contribute for 50% of the fees ordered and ordered the other 50% to be covered by the litigant himself, but it incorrectly found that a third attorney was not involved enough with the litigation to bear responsibility for paying any fees, so the latter part of the ruling is overturned. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 17, 2023, Case #: 21-1733, Categories: Sanctions, Defamation