16 results for 'judge:"Rowe "'.
J. Rowe finds that the trial court properly denied an assistant principal immunity in claims contending she improperly accessed student records and also allowed her daughter to do so with her log in credentials because the assistance principal had not been threatened with adverse employment consequences if she refused to answer questions during the school board's investigation.
Court: Florida Courts Of Appeal, Judge: Rowe, Filed On: April 10, 2024, Case #: 1D2022-3114, Categories: Self Incrimination
J. Rowe denies the Oklahoma governor's petition for declaratory relief that the senators lacked authority to pass bills relating to tribal compacts. The state sought agreements with tribes regarding a tobacco tax the U.S. Supreme Court had held could be collected on products sold on Indian lands to non-tribal members. The legislature had the constitutional authority to consider the bills during a concurrent special session and did not exceed the call of the special session with its legislation. The governor's authority to negotiate tribal compacts is statutory, not constitutional. The legislature did not infringe on the governor's authority to negotiate such compacts.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: April 2, 2024, Case #: 121497, Categories: Government, Tax, Native Americans
J. Rowe finds the court of appeals improperly reversed the trial court's finding the terminally ill patient's request for revocation of life support is weighed by the clear and convincing standard of proof. The appeals court found the proper standard to be preponderance of the evidence. The Oklahoma Advance Directive Act requires the advance directive for health care be honored during the patient's incapacity without court involvement. The trial judge properly weighed the evidence, which supported his judgment. An incapacitated or incompetent person retains the legal right to revoke their advance directive. Vacated.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: February 6, 2024, Case #: 120500, Categories: Evidence, Health Care, Wills / Probate
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[Consolidated.] J. Rowe, on certiorari, finds the court of civil appeals properly found the district court had limited jurisdiction to hear the Department of Corrections suit against the state auditor, affirming its conclusion that the Tulsa County jail���s ���actual daily cost��� to house inmates includes consumable and fixed costs. The state auditor��� failed to account for the additional costs for housing an inmate not otherwise incurred as to be ���reimbursed��� by the state, as predicated on the inmate���s presence. The auditor employed an ���operating cost-based calculation,��� which does not result in a determination of ���actual daily cost.���
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: October 10, 2023, Case #: 119,907, Categories: Administrative Law, Due Process
J. Rowe finds that the trial court properly denied a client mandamus relief after previous counsel refused to provide trial transcripts from his criminal proceedings because mandamus is not an appropriate legal action with which to pursue this civil action. Affirmed.
Court: Florida Courts Of Appeal, Judge: Rowe, Filed On: September 27, 2023, Case #: 1D22-0404, Categories: Civil Procedure
J. Rowe finds the trial court properly sustained the grocery store's challenge to evidence sufficiency in this negligence suit brought by a contractor who fell off a ladder supplied by the store when installing a new checkout lane. While a property owner has a duty to keep the premises reasonably safe for a contractor, there is an exception when the owner does not direct the work and the hazards resulting in injury are incidental to the work. The contractor has failed to establish that the owner owed him a duty of care. Affirmed.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: September 26, 2023, Case #: 120434, Categories: Construction, Tort, Negligence
J. Rowe finds the circuit court improperly denied the department���s expedited petition to terminate the father���s parental rights after police discovered baggies, a scale, a glass pipe and needles in the home pursuant to an FBI investigation into child pornography. They also confirmed that the father transmitted child sexual abuse images on the internet. The court���s findings that the department failed to prove that termination was supported on statutory grounds requiring actual harm lack evidentiary support. A best interest finding is supported by evidence, and termination is the least restrictive means to protect the child. The court���s legal conclusions also conflict with applicable statutes. Reversed and remanded.
Court: Florida Courts Of Appeal, Judge: Rowe, Filed On: August 29, 2023, Case #: 1D22-2969, Categories: Evidence, Family Law, Guardianship
J. Rowe grants the attorney���s petition for reinstatement to the Oklahoma Bar after a two-year suspension resulting from grievances alleging his failure to competently and diligently represent clients, collecting of unreasonable fees, mishandling of property and other acts contrary to standards of conduct. During suspension, he worked as a paralegal, substitute teacher and chauffeur. He earned 49 continued legal education credits, ethics credits and continued to read the Bar Journal, writing an article about money management and avoiding mistakes resulting in discipline. The attorney has complied with all requirements and the panel unanimously recommends reinstatement.
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: June 27, 2023, Case #: SCBD-7375, Categories: Employment, Legal Malpractice, Attorney Discipline
J. Rowe, on certiorari, finds the Oklahoma court of civil appeals improperly affirmed the trial court���s granting of summary judgment to the mortgagor in this foreclosure action. The borrower, an attorney, filed an answer in an earlier foreclosure noting that his right of first refusal had expired, claiming that he had been improperly named as defendant and demanding the claims be dismissed with prejudice, with which the bank complied. For claim preclusion to be invoked, there must be a final judgment on the merits in a prior action. The bank���s dismissal of its claim based on the borrower���s right of first refusal does not amount to a final judgment on the merits. The court of civil appeals opinion is vacated. The trial court���s judgment is reversed.
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: May 31, 2023, Case #: 119609, Categories: Due Process, Banking / Lending, Foreclosure