18 results for 'judge:"Lindsey"'.
J. Lindsey finds the trial court properly awarded a final judgment to the homeowner after a jury found in his favor in his lawsuit against his insurance company over water damages to his home. The insurance company incorrectly argues it is entitled to a new trial because two documents it submitted as evidence were blocked as hearsay, and nothing else in the record warrants reversal. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: April 3, 2024, Case #: 23-0301, Categories: Insurance, Contract
J. Lindsey finds the trial court properly denied defendant's pro se motion to vacate what he claims is an illegal sentence of life in prison with the potential of parole after 25 years plus consecutive 30-year sentences he received when he was a juvenile after being convicted of first-degree murder and two counts of second-degree attempted murder. Defendant's arguments about the structure of his sentences have already been raised, considered and rejected by the appeals court, so his sentences stand. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: March 6, 2024, Case #: 23-0025, Categories: Murder, Sentencing
J. Lindsey finds the trial court properly entered a final judgment convicting defendant of violating a domestic violence injunction and sentencing him to 12 months' probation. The trial court did not err in admitting evidence of a window defendant broke on a car that was in his ex-girlfriend's name, which he had been driving on the day in question but the keys for which had been returned to the girlfriend by police, as it established context of the charged violation of the domestic violence injunction and not an uncharged crime as defendant argues. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 28, 2024, Case #: 22-1593, Categories: Evidence, Domestic Violence
J. Lindsey finds the trial court improperly enjoined the disability services funding agency from terminating its Medicaid waiver agreement with the company providing home-based and community care for those with disabilities. The company has not shown a likelihood of success on the merits because it did not challenge the validity of the Florida statute that requires the termination-without-cause provision in the parties' agreement it claims was unconscionable, signed under duress and violates federal Medicaid regulations. The trial court's injunction is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 28, 2024, Case #: 22-1744, Categories: Medicaid, Agency
J. Lindsey finds the trial court, on its own accord, improperly dismissed the city's charges against defendant for possessing and drinking an open container of alcohol in public. The city's due process rights were violated because it was not given notice of the hearing at which the trial court dismissed the case via a handwritten note on the back of the arrest affidavit, an action which itself exceeded the trial court's authority. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 7, 2024, Case #: 22-1404, Categories: Due Process, Public Intoxication
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J. Lindsey finds the trial court properly found for the insurance company in its dispute against the British Virgin Islands entity which sued over the dismissal of its claim for damages to one of its yachts caused by a fire. The trial court correctly determined that personal jurisdiction was not satisfied because the British Virgin Islands entity had not established sufficient business contacts in the state of Florida for its lawsuit to fall under Florida's applicable long-arm statute. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: January 3, 2024, Case #: 22-1324, Categories: Insurance, Contract
J. Lindsey finds the trial court did not err in convicting and sentencing defendant for petty theft for breaking into a former romantic partner's apartment and stealing her phone, wallet and medications by force. There was no reversible error in the trial court's instructions that did not require the jury to unanimously conclude whether defendant stole the victim's purse, wallet or both, as the theft of the purse or the wallet are alternative means of committing a single offense, in this case a petty theft that occurred in a single interaction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: November 22, 2023, Case #: 22-1903, Categories: Jury, Theft
J. Lindsey finds the trial court properly terminated the mother's parental rights to her minor daughter and granted sole parental responsibility to the father. Although there were four grounds the trial court cited to terminate the mother's parental rights, the finding of abandonment of the daughter is adequately supported by evidence to be upheld, and the other grounds do not need to be reviewed. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: November 1, 2023, Case #: 22-1756, Categories: Family Law
J. Lindsey finds the trial court correctly overruled defendant's objection to allowing defendant's minor stepdaughter he was alleged to have sexually abused to testify via closed-circuit TV in a case in which defendant was ultimately found guilty and convicted of molestation and sexual battery. The trial court's case-specific findings in support of allowing the stepdaughter to testify via CCTV, including those balancing defendant's constitutional rights, the public interest and protection of the child, were upheld by substantial evidence, so there was no error in its order. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: October 18, 2023, Case #: 22-0760, Categories: Constitution, Sex Offender, Witnesses
J. Lindsey finds the trial court properly ruled in favor of the county property appraiser in a lawsuit from two homeowners over the denial of their request to transfer a property tax assessment benefit from their old home to their new home. Because the record shows the homeowners did not transfer the benefit within the statutory two-year time limit, and because a 2020 constitutional amendment extending the time limit from two to three years does not retroactively control in the dispute over the homeowners' 2019 request, the trial court correctly considered their request untimely and granted final judgment to the appraiser. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: October 4, 2023, Case #: 22-0949, Categories: Government, Property, Tax
J. Lindsey finds the trial court properly granted summary judgment to the retail group in a lawsuit it faced from a developer over alleged breaches of restrictive covenants in the parties' contract related to a failed development deal. The trial court correctly determined as a question of law there was no breach of the non-circumvention and confidentiality covenants in the contract, so its summary judgment order stands. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: August 16, 2023, Case #: 21-2118, Categories: Property, Contract
J. Lindsey finds the trial court's re-sentencing order subsequent to defendant's conviction of first-degree murder is constitutional. The Eighth Amendment violations defendant claims from his re-sentencing order do not apply in this case under Florida law and Florida Supreme Court precedent, and he was not entitled to re-sentencing on his homicide charge despite changes in law since his 1988 conviction entitling him to re-sentencing on related burglary and sexual battery charges. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 12, 2023, Case #: 19-0439, Categories: Constitution, Murder, Sentencing
J. Lindsey finds defendant's petition for habeas corpus based in part on alleged ineffective assistance of appellate counsel and constitutional violations by the trial court in his sexual battery case must be denied. Every one of the six counts in defendant's petition, which also include accusations of prosecutorial misconduct and illegal procedures with the photo lineup from which the victim identified him, should have been raised in his motion for post-conviction relief or on direct appeal, making them untimely.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 12, 2023, Case #: 23-0714, Categories: Constitution, Habeas, Sex Offender
J. Lindsey finds the circuit court properly found against the juvenile in his challenge to the constitutionality of a Florida law under which he was charged with delinquency for trespassing within a school safety zone while he was supposed to be serving out a suspension in a remote location and staying 100 feet away from school property during school hours. Because the juvenile was given advance notice that he was violating the relevant law, including through a school resource officer giving him a written trespass warning for the same conduct four days before the same officer arrested him, he does not have standing to dispute whether the law is unconstitutionally vague because it requires someone to have legitimate business on school property without defining what "legitimate business" means. The trial court also did not err in admitting evidence of the juvenile's prior trespass. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 5, 2023, Case #: 22-0781, Categories: Education, Juvenile Law