23 results for 'judge:"Gordo"'.
J. Gordo finds the trial court properly granted summary judgment to the property owner and property manager in a premises liability lawsuit from a non-resident citizen who was shot in a secluded area near the property's perimeter. In part because the shooting by an unknown assailant occurred on a public street that is not controlled by the owner or manager, the citizen cannot dispute the facts that he was shot outside their premises, where armed security were on patrol at the time, and that the manager and owner could not have foreseen the danger he faced. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: April 10, 2024, Case #: 23-0998, Categories: Premises Liability
J. Gordo finds that the vessel owner's motion for a rehearing in its lawsuit over the denial of its claim to its marine insurance company after its vessel partially sank must be denied. Replacing a previous opinion in this matter, it is found that the trial court properly granted the insurance company's motion to dismiss on forum selection grounds. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 20, 2024, Case #: 22-1333, Categories: Admiralty, Insurance, Venue
J. Gordo finds the trial court properly denied the citizen's petition for a writ of mandamus ordering the law enforcement officials to investigate crimes he alleges were committed against him, as the citizen has no established legal right to compel officers to conduct such an investigation and the trial court lacks authority to interfere with law enforcement business in such a way. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 20, 2024, Case #: 22-2079, Categories: Civil Procedure
J. Gordo finds the trial court properly granted summary judgment to the fence supply company in a lawsuit it faced from a motorist who was in a car accident with one of the company's employees, as the motorist did not provide evidence to overcome the presumption of negligence of the motorist that rear-ends someone in an accident, in this case herself. The trial court improperly denied the company attorney fees on the basis that the company's proposals for settlement did not contain specific language about a timeframe for payment and potential judgments, which is not required by law. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 6, 2024, Case #: 22-1852, Categories: Vehicle, Attorney Fees
J. Gordo finds the trial court partially erred in its orders granting the father's motion to dismiss the mother's petition to modify parental responsibility and time sharing and denying the mother's motion for attorney fees. The order granting the father's motion to dismiss is affirmed without discussion, but the attorney fees order is reversed because the trial court did not make any findings regarding the parties' respective abilities to pay. The case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 28, 2024, Case #: 22-1938, Categories: Family Law
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J. Gordo finds the trial court improperly granted the insured prejudgment interest and denied the insurance company's motion for final summary judgment in the parties' lawsuit related to coverage of damages to the insured's home during Hurricane Irma. The insured is not entitled to prejudgment interest because her claim was never initially denied, as the company immediately provided coverage. The trial court's order is reversed with regard to the award of interest, and the order is dismissed as to the award of summary judgment. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 14, 2024, Case #: 22-1335, Categories: Insurance, Contract
J. Gordo finds defendant's petition for writ of habeas corpus must be granted in his case including battery, child abuse and burglary charges, in part because the trial court did not consider any new showing of probable cause to modify defendant's bond. On remand, the state has two days after this decision is issued to file a motion for pretrial detention, or the trial court must immediately hold a hearing to decide conditions of release.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 1, 2024, Case #: 24-0155, Categories: Habeas, Battery, Child Victims
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss and motion to quash in a dispute with the health care organization over claims stemming from an insured's car accident. Because the organization failed to file an affidavit or other proof refuting the company's claim that the trial court lacked personal jurisdiction because, as an Ohio-based company, it lacks sufficient business connections in Florida to be sued there, the organization failed to meet its burden. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: January 17, 2024, Case #: 23-0001, Categories: Insurance, Jurisdiction, Contract
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss the amended complaint in the insured's lawsuit over coverage of damages to its partially sunk vessel under its marine insurance policy. The trial court correctly found the policy's forum selection clause required the litigation to take place in federal court, and it correctly found the change in venue is not unreasonably burdensome or inconvenient. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: December 13, 2023, Case #: 22-1333, Categories: Insurance, Venue, Contract
J. Gordo finds there is no jurisdiction to hear the citizens' appeal of the trial court's non-final order denying their motion to add a property owner as a defendant in their lawsuit over injuries they sustained at a hotel, as the trial court's order did not actually adjudicate and determine personal jurisdiction over the property owner. The citizens' appeal is dismissed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: December 6, 2023, Case #: 23-0205, Categories: Tort, Jurisdiction
J. Gordo finds the trial court improperly denied a motion to dismiss from the president of a New York-based outdoor advertising company after he was folded into the media group's lawsuit against the company. The media group did not meet its legal burden to refute the president's challenge to the trial court's jurisdiction because he lives in New York and owns no property and does no business in the state of Florida, so the case is remanded for the trial court to grant the president's motion to dismiss. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: November 15, 2023, Case #: 23-0716, Categories: Tort, Jurisdiction
J. Gordo finds that, because the citizen did not provide enough record from her jury trial to sustain an appeal, there is no basis to disturb the trial court's order of final judgment in favor of the construction company in her lawsuit over her slip and fall at a condo complex where the company was performing construction work. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: September 6, 2023, Case #: 22-0991, Categories: Jury, Tort
J. Gordo finds the trial court property ruled in favor of the bank in the lawsuit it faced from companies to which it made a $5.5 million loan before the companies defaulted. The companies' arguments that the bank was negligent in improvidently granting the loan despite issues with the manager's loan application and unjustly enriched itself are unavailing, in part because there was no fiduciary relationship putting a duty on the bank to prevent negligent lending. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 30, 2023, Case #: 22-1839, Categories: Fiduciary Duty, Banking / Lending, Contract
J. Gordo finds the trial court improperly denied the husband's motion to disqualify the judge presiding over his and his wife's divorce proceedings due to comments the judge made at an evidentiary hearing for a temporary injunction the husband wanted in part to stop the wife from placing audio and video recording devices in the restaurant they co-own. Certain statements the judge made, specifically intimating that he was all but certain to appoint a receiver in the case and that he has "never seen a legitimate set of books or righteous tax return in [his] life," would give a reasonable person a fear of not getting a fair and impartial trial. The husband's writ of prohibition regarding the issue of disqualification is granted.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 30, 2023, Case #: 23-1321, Categories: Family Law, Restraining Order
J. Gordo finds that the trial court properly entered final judgment for the X-ray analysis company in its dispute with State Farm over coverage of personal injury protection benefits. The trial court did not err by striking a pleading State Farm untimely filed responding to the company's summary judgment motion even though the judge continued a hearing on the motion to allow for more argument. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 22-0739, Categories: Civil Procedure, Insurance, Contract
J. Gordo finds that the trial court improperly awarded prejudgment interest to the insured in her lawsuit against the insurance company over coverage for water damages at her property. Under Florida law, the insured is not entitled to prejudgment interest in part because the insurance company never actually denied coverage of his claim, as the underlying lawsuit was instead over the exact amount of damages to be paid, not whether coverage existed. All parts of the trial court's final judgment are upheld except the part awarding prejudgment interest. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 22-0595, Categories: Arbitration, Insurance, Contract
J. Gordo finds that the trial court improperly entered at $10.5 million judgment against the security services company, holding it responsible for the fatal shooting of an individual at an apartment complex. The company’s attorneys have raised possibly excusable neglect in the form of a scheduling error that caused them to untimely file a de novo motion after the arbitration decision was handed down. The trial court should have granted the security company’s request for an evidentiary hearing on the matter. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 22-0373, Categories: Arbitration, Civil Procedure, Negligence
J. Gordo finds that the trial court properly denied the wife another hearing over the choice of venue for a dispute between her and her deceased husband's daughter over the distribution of the husband's property. The trial court properly granted the daughter's motion to dismiss the wife's lawsuit because Colombia is a more appropriate venue for their dispute than Florida, in part given the nature of a contract over the distribution of the husband's property that he and the wife executed in Colombia in 2019. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 21-1560, Categories: Wills / Probate, Venue, Contract
J. Gordo finds that the trial court properly granted the condominium association’s motion to dismiss this contract dispute. The construction firm failed to meet presuit requirements. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 2, 2023, Case #: 3D22-1796, Categories: Contract
J. Gordo finds that the trial court properly dismissed the homeowner’s motion against the power company for punitive damages after they accidentally put a powerline on his property. The homeowner failed to show the misconduct was intentional. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 2, 2023, Case #: 3D22-1534, Categories: Damages, Negligence
J. Gordo finds the trial court improperly ordered a directed verdict and dismissed with prejudice the developer's lawsuit against the holdings company and other parties to a project to build a mixed-use condominium development that was ultimately shut down. After the jury found for the developer on its breach of contract and other claims, the trial court incorrectly adopted a directed verdict essentially saying the developer had suffered a derivative rather than direct injury, vacated the jury's verdict and dismissed the case. The case is remanded for the trial court to reinstate the jury's verdict and for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: July 26, 2023, Case #: 22-0206, Categories: Jury, Fiduciary Duty, Contract
J. Gordo finds the trial court did not err in sentencing defendant to 60 months in prison after he violated his community control order entered when he was arrested while on probation for charges of aggravated battery and resisting an officer. Because defendant fully admitted to violating his community control order, including by changing his address without his probation officer's consent and failing to stay in drug and alcohol treatment, his argument that the trial court never made specific findings that his violations were "willful and substantial" is meritless. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: June 7, 2023, Case #: 22-1095, Categories: Probation, Battery