20 results for 'judge:"Forst"'.
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J. Forst finds that the trial court improperly ruled for the city in this dispute over excess funds from the tax sale of a condominium unit because the lien against the common units had not been consented to by all individual condo owners. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: February 21, 2024, Case #: 4D2022-2495, Categories: Property, Tax
J. Forst finds that the trial court improperly ruled in this divorce dispute by determining that the wife's motion to enforce the prenuptial agreement was barred by res judicata because the court must consider the motion on its merits. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: November 1, 2023, Case #: 4D2022-2433, Categories: Family Law
J. Forst finds the trial court properly convicted and sentenced defendant for two counts of sexual battery. On more than one occasion the child victim complained of pain in her genitals before the grandmother obtained a medical examination which revealed injuries consistent with sexual battery. The court properly granted the state’s request to introduce child hearsay statements with respect to the mother, grandmother and medical examiner as witnesses, making extensive findings on the reliability of the victim’s hearsay statements as statutorily required. Defendant did not preserve his constitutional claims regarding the six-person jury, which also fails on its merits. Expert testimony was also properly allowed. Affirmed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: August 30, 2023, Case #: 4D22-1347, Categories: Jury, Sex Offender, Child Victims
J. Forst finds that the trial court improperly granted plaintiff leave to add punitive damages in claims contending her employer negligently hired a coworker who "brushed" against plaintiff's parked car with his vehicle after admittedly having a few drinks at lunch, as plaintiff failed to demonstrate the "dealership managing agent" was negligent in hiring her coworker. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: June 21, 2023, Case #: 4D22-2507, Categories: Employment, Damages, Negligence
J. Forst finds that the trial court properly ruled for the car rental company in claims contending the company caused a renter's false arrest by filing a false police report because the company had sufficient suspicion to report the car stolen after the renter refused to return the car and his credit card had declined payments. Affirmed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: June 14, 2023, Case #: 4D22-557, Categories: Malicious Prosecution