26 results for 'judge:"Warner"'.
J. Warner finds that the trial court improperly ruled for a condo association in claims contending a property under suffered retaliation for filing a lawsuit against the association in 2009 because the record does not support the finding that the homeowner had agreed to certain commitments to settle certain issues. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: April 10, 2024, Case #: 4D2022-2322, Categories: Property, Settlements
J. Warner finds that the trial court improperly dismissed breach of contract claims a contractor brought against a window and door installation company because the contract, which was not attached to the complaint, failed to compel dismissal of the allegations. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 21, 2024, Case #: 4D2022-2603, Categories: Construction, Contract
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J. Warner finds that the trial court properly ruled for BJ's Wholesale Club in claims alleging violations of Florida's Motor Fuel Marketing Practices Act because BJ's sells fuel at a reduced price to members, not the general motoring public.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 21, 2024, Case #: 4D2023-0075, Categories: Consumer Law
J. Warner finds the lower court erred in denying a motion to abate and ordering a final judgment of foreclosure without the deceased mortgagor’s legal representative being present at the hearing. “Failure to substitute the proper representative or guardian nullifies subsequent proceedings.” All action after the death is invalid, and this case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2022-2647, Categories: Foreclosure
J. Warner finds that the trial court improperly dismissed, as multiplicitous, allegations that a lab employee made payments to entities or persons for referring patients to a health care provider. The state properly charged the employee for the separate payments, which were used to improperly induce patients or patronage. This case is remanded for reinstatement of charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2022-2104, Categories: Criminal Procedure, Fraud, Theft
J. Warner finds the lower court improperly granted the grocery store’s motion to amend to plead a claim for punitive damages in this lease dispute. There is not enough support of evidence established to support the independent tort. Therefore, this appeal will be remanded, and the punitive damages claim will be stricken. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2023-1102, Categories: Evidence, Landlord Tenant
J. Warner finds a lower court properly dismissed a foster parents' motion for permanent placement of a foster child. The foster parents argued that they are entitled to adopt an infant after serving as caregivers since birth. However, although the Department for Children and Families' caseworkers sufficiently showed in court that the infant may be best placed in a home with her biological siblings, the court lacks jurisdiction over post- termination decisions. Vacated.
Court: Kansas Courts Of Appeal, Judge: Warner, Filed On: December 22, 2023, Case #: 126,025, Categories: Family Law, Jurisdiction
J. Warner finds that the trial court improperly denied a mother's emergency motion to pickup her minor child from the father because the father refused to return the child to the mother, who has primary custody. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: October 18, 2023, Case #: 4D2023-0787, Categories: Family Law
J. Warner finds a lower court properly dismissed a farming operations owner's property rights claims. The owner of the faming operations argued that he was entitled to install two miles of pipeline to transfer "liquified hog waste" to fertilize his crops. However, his neighbors presented sufficient evidence in court that he violated nuisance rules when he failed to gain consent from other local farmers and landowners.
Court: Kansas Courts Of Appeal, Judge: Warner, Filed On: August 25, 2023, Case #: 125,274, Categories: Agriculture, Property
J. Warner finds that the trial court properly entered an order of restitution for damages to sheriff's vehicles after he was convicted for attempted aggravated battery on officers. The sheriff's office was a direct victim of defendant's behavior and restitution was appropriate. Affirmed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: August 9, 2023, Case #: 4D22-818, Categories: Restitution, Battery
J. Warner finds that the trial court improperly ruled in contract claims associated with the sale of a commercial condominium unit because the landlord and purchaser stymied the tenant's ability to demonstrate readiness and willingness to exercise the right of first refusal by failing to present the tenant with a purchase price and terms.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: July 19, 2023, Case #: 4D22-569, Categories: Property, Contract
J. Warner finds that the trial court improperly ruled in this dispute over homestead rights because the wife did not waive rights to her husband's property interest based on the language of the warranty deed. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: June 21, 2023, Case #: 4D22-244, Categories: Property
J. Warner finds that the trial court should have vacated default judgment entered after plaintiffs' attorney failed to attend a case management conference because plaintiffs sufficiently demonstrated excusable neglect. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: May 24, 2023, Case #: 4D22-3122, Categories: Civil Procedure