28 results for 'judge:"Gerber"'.
J. Gerber finds that the trial court improperly denied the company's motion to compel compliance with a subpoena issued in relation to litigation taking place in Louisiana because evidence indicates the information is discoverable based on the court order. Reversed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: May 1, 2024, Case #: 4D2023-1970, Categories: Discovery
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. Gerber finds the lower court properly determined the equitable distribution findings, alimony and child support calculations in this dissolution of marriage. The former husband also appeals the award of attorney fees to the former wife. The court of appeals does not have jurisdiction over the attorney fees because the lower court had not awarded the fees before the former husband filed this appeal. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: February 14, 2024, Case #: 4D2022-1871, Categories: Family Law, Settlements, Attorney Fees
J. Gerber finds the county court improperly denied AT&T's motion for sanctions against the consumer for raising a meritless "data throttling" claim in his lawsuit over his wireless service agreement. The county court made errors of law and discretion in denying monetary sanctions over the data throttling claim, which falsely asserted that the consumer had an unlimited data plan when he either knew he did not or he and his counsel should have known he did not. The case is remanded for the county court to grant that part of AT&T's sanctions motion and set a hearing to determine reasonable attorney fees to be paid to AT&T and its counsel for fighting the meritless data throttling claim. The county court's decision denying AT&T sanctions over the consumer's "administrative fees" claim is upheld without discussion. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: September 6, 2023, Case #: 21-2261, Categories: Fraud, Sanctions, Consumer Law
J. Gerber finds that while the court erred in preventing defendant from attempting to elicit testimony from the victim or argue to the jury that someone else had raped the victim. However, the error was harmless beyond a reasonable doubt as there was sufficient evidence to support the rape conviction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: August 2, 2023, Case #: 4D21-2325, Categories: Evidence, Sex Offender
J. Gerber finds that the trial court ruled properly in this divorce litigation. The former husband is liable for the prejudgment interest accrued on the lump sum amount due to the former wife. However, the court is to correct the prejudgment's interest accrual rate. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: August 2, 2023, Case #: 4D22-1769, Categories: Family Law
J. Gerber finds that the trial court improperly ruled in this divorce settlement because the husband was denied the opportunity to present arguments regarding the wife's alimony requests. Reversed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: May 24, 2023, Case #: 4D23-412, Categories: Family Law