9 results for 'judge:"Lobree"'.
J. Lobree finds the trial court improperly granted final judgment in favor of the guardian of a minor child who was in a car accident caused by the insurance company's insured. The trial court was wrong to find that the insured's cancellation of his commercial liability policy in light of him obtaining a different commercial policy was not effective on the day of the accident because the company said it did not receive it until the day after the accident, in part because the record shows the insured electronically signed and mailed the cancellation notice five days before the accident. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: April 10, 2024, Case #: 23-0370, Categories: Insurance, Contract
J. Lobree finds the trial court improperly concluded that the property owner was entitled to a disbursement of surplus funds from the sale of the painting company's property at a tax deed auction to satisfy federal tax liens against the company. Under the relevant Florida statutes, the owner was not entitled to receive the surplus funds, in part because the record shows the IRS never granted its interest in the property or a federal tax lien to the owner. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: March 20, 2024, Case #: 23-0411, Categories: Property, Tax
J. Lobree finds the trial court improperly denied the college's motion to offset a larger judgment in its favor against a smaller judgment in another lawsuit in favor of a firm disputing with the college over the denial of its proposal for a public-private partnership the college solicited for the development of publicly owned property in Miami. The trial court's order was incorrect in part because it created an absurd result in which the college cannot collect on its judgment due to the firm's insolvency but the firm can collect on its judgment and "receive a windfall," so its order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: October 18, 2023, Case #: 20-1014, Categories: Enforcement Of Judgments, Contract
J. Lobree finds in favor of the county in a lawsuit from a property owner claiming it is entitled to $262,412 in surplus funds resulting from the tax deed sale of a condo for which the property owner has been assigned the rights. Because the property owner has failed to bring a viable facial case for any of its six claims, the trial court's order granting the county's motion for involuntary dismissal is upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: October 18, 2023, Case #: 20-0114, Categories: Property, Contract
J. Lobree finds the trial court improperly entered a final judgment in favor of the insured in her dispute with the insurance company regarding coverage of a claim over water damages to her house. The trial court incorrectly denied the company's motion in limine to block from evidence the homeowner's replacement-cost estimate of the damages and instead limit evidence on damages to actual cash value, which resulted in the homeowner not bringing evidence of the correct estimate of damages. The trial court's order is overturned and the case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: October 4, 2023, Case #: 20-0367, Categories: Evidence, Insurance, Contract
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J. Lobree finds the trial court properly revoked defendant's probation and sentenced him to 10 years in prison more than three years after he pleaded guilty to leaving the scene of an accident and driving without a license. In part because the evidence shows defendant violated his probation by testing positive for cocaine, changing his residence without notification and failing to report to his probation officer for two years, during which time he was investigated in connection with an attempted murder, the trial court made no error revoking his probation and sentencing him as a habitual offender. The case is remanded, however, for the trial court to conform a written order with oral pronouncements made at defendant's 2020 sentencing. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: September 6, 2023, Case #: 19-0551, Categories: Criminal Procedure, Probation, Sentencing
J. Lobree finds the trial court improperly found against the worker in his lawsuit against the property tenant stemming from injuries he suffered while performing a fire safety inspection while working for a company hired by the tenant. The tenant is not entitled to worker's compensation immunity as the worker's "statutory employer" because it was not operating as a "contractor" that had sublet its "contract work" to the worker's employer at the time of the forklift accident that injured him, as it was not obligated to perform a job or service as part of its contract with the owner of the property it rented. The trial court's summary judgment order for the tenant is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: August 30, 2023, Case #: 22-0661, Categories: Tort, Contract
J. Lobree finds the trial court properly reversed its award of attorney fees to the holding company upon the beneficiary's motion for reconsideration in a probate dispute with his aunt over real estate previously held by his deceased father, as the parties' settlement agreement does not contain a clear provision for recovery of those fees.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: June 7, 2023, Case #: 21-1088, Categories: Settlements, Wills / Probate, Attorney Fees
J. Lobree finds the trial court improperly ruled in favor of the medical provider in a dispute over compensation for treatment it provided the insurance company's insured for injuries he suffered in a car accident. Because no attorney ever expressly told the insurance company they were representing the insured, the trial court was wrong to conclude the company failed to properly notify the insured's "retained attorney" about examinations the insured was to undergo under oath regarding his accident. Seeing as how the insured never showed up for two such examinations, the company was within its right to deny payment to the provider, and the trial court was wrong to grant it summary judgment. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: June 7, 2023, Case #: 22-0948, Categories: Insurance, Contract