PER CURIAM. This matter comes back before us on a motion to compel the trial court to rule on his 3.850 motion for post conviction relief after we granted a writ of mandamus. We grant the motion. When Aaron Bethel first filed his Petition for Writ of Mandamus, we ordered the State to respond. On July 13, 2010, the State responded that it contacted the office of Judge Beatrice Butchko and Assistant State Attorney Ray Araujo regarding this matter. The matter was on calendar for July 9, 2010 but...
PER CURIAM. Appellant, U.S. Bank National Association, as trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CH2, Asset Backed Pass-Through Certificates, Series 2006-CH2, moves this Court for entry of an Order staying proceedings regarding the trial court's December 9, 2010 Order striking U.S. Bank's pleadings, dismissing U.S. Bank's case with prejudice, and requiring the appearance of U.S. Bank and its counsel to surrender the Note on January 3, 2011. Appellee Adelaine Torres cross moves...
PALMER, J. In this proceeding supplementary, Dr. Anthony Pollizzi, Dr. James Forensky, and Dr. Vander Wynn appeal the order entered by the trial court holding them jointly and severally liable to appellee, Dr. Craig Paulshock, in the amount of $102,000.00. Determining that the trial court did not err in finding the parties liable, but did err in finding them jointly and severally liable, we affirm in part and reverse in part. Paulshock initially filed a complaint against Davenport...
LAWSON, J. General Dynamics Corporation and General Dynamics Land Systems, Inc., (collectively "General Dynamics"), defendants below, timely appeal a non-final order denying their motion for final summary judgment asserting immunity from suit under Florida's Workers' Compensation Act, (the "Act"). 1 The forty-one plaintiffs were all former General Dynamics employees (or their legal representatives), who sued under Florida's Water Quality Assurance Act, (the "WQAA"), 2 for personal injuries...
VILLANTI, Judge. Salvador Diaz-Verson, Jr., petitions for a writ of certiorari directed to the trial court's order that denied his motion for protective order relating to fifteen subpoenas duces tecum issued by Walbridge Aldinger Company that sought discovery of Diaz-Verson's personal financial information. Because the information sought by this discovery is private financial information that is irrelevant to the allegations against Diaz-Verson contained in Walbridge's second amended complaint,...
PER CURIAM. The petition for writ of mandamus is granted. The trial court is directed to enter an order disposing of petitioner's motion for postconviction relief within 30 days or, if warranted, enter an order scheduling an evidentiary hearing on the motion. Because we are confident the trial court will comply with this directive, we withhold formal issuance of the writ at this time. BENTON, C.J., VAN NORTWICK and ROBERTS, JJ., concur.
PER CURIAM. The petition for writ of mandamus is granted. The trial court is directed to enter an order disposing of petitioner's amended motion for postconviction relief within 30 days or, if warranted, enter an order scheduling an evidentiary hearing on the amended motion. Because we are confident the trial court will comply with this directive, we withhold formal issuance of the writ at this time. BENTON, C.J., VAN NORTWICK and ROBERTS, JJ., concur.
VAN NORTWICK, J. Frederick W. Kortum, Jr., a public adjuster, appeals a final judgment determining that section 626.854(6), Florida Statutes (2008), which bans solicitation by public adjusters for a period of 48 hours, is not unconstitutional. We reject the argument of the Department of Financial Services, appellee, accepted by the trial court, that the statute is ambiguous and, as a result, the agency's interpretation that the statute constitutionally regulates only the time, place, and...
SCHWARTZ, Senior Judge. This is an appeal from a judgment and sentence entered on July 7, 2010 upon the revocation of probation for the last of a series of violations of the last of a series of terms of probation first imposed upon the appellant for an offense that occurred on April 19, 1991. The sole issue on appeal concerns the alleged invalidity, under the ex post facto doctrine discussed in Calder v. Bull, 3 U.S. 386 , 3 Dall. 386, 1 L.Ed. 648 (1798), of the 2001 amendment to the "...
SUAREZ, J. Citizens Property Insurance Corporation ("Citizens") appeals a non-final order granting Osvaldo Maytin's motion to compel appraisal of a claim under his homeowners' insurance policy with Citizens. After Maytin filed suit for breach of contract against Citizens, he moved to compel appraisal. Citizens answered the complaint and asserted that Maytin failed to comply with post-loss conditions and prevented Citizens from fully inspecting his property, thereby, precluding the invocation...
On Motion for Rehearing PER CURIAM. The defendant has filed a motion for rehearing. He argues this court may have overlooked two remaining issues raised in his initial brief concerning the motion for judgment of acquittal and the defendant's enhanced sentence. This court has considered those issues and finds them moot in light of our reversal and remand for a new trial where those issues can be addressed first by the trial court. We therefore deny the motion for rehearing. FARMER, MAY...
ALTENBERND, Judge. Daniel F. Connors, Jr., and Delbert Watson appeal an order granting a permanent injunction in favor of the Lake Dexter Woods Homeowners Association, Inc. The injunction finds the long-standing conduct of Mr. Watson, a developmentally disabled person, to constitute a nuisance. It enjoins Mr. Watson from engaging in the conduct and further requires Mr. Connors, as Mr. Watson's guardian advocate, to take all reasonable steps to prevent Mr. Watson from violating the injunction....
DAMOORGIAN, J. Appellant, Anthony J. Tripoli, appeals his judgment and sentence for sexual battery on a child under twelve and lewd and lascivious conduct with a child under twelve. Tripoli raises multiple issues on appeal. We address only his first issue, in which Tripoli argues that the trial court committed harmful error by admitting into evidence uncharged collateral acts which were not relevant to prove the crimes charged and were highly prejudicial. Because we agree that the trial court...
PER CURIAM. Appellant entered a no contest plea to fleeing and eluding a law enforcement officer; willful, wanton reckless driving; resisting arrest without violence; and driving while his license was suspended or revoked. Subsequently, before sentencing, he retained new counsel and filed a written motion to withdraw his plea. He alleged that his prior counsel misstated the law, the possible sentence to be imposed, and possible defenses to the various charges, and that his plea was the result...
GERBER, J. The issue presented is whether the circuit court erred by denying the defendant's motion to withdraw his plea. We find that the court did not err primarily because the record conclusively refutes the defendant's allegation that his plea was involuntary. Therefore, we affirm. The state charged the defendant with possession of marijuana in an amount exceeding twenty grams. The probable cause affidavit alleged that when the police stopped the defendant's vehicle, the police found the...
PER CURIAM. Affirmed. HAZOURI, DAMOORGIAN and GERBER, JJ., concur. Not final until disposition of timely filed motion for rehearing.
ON MOTION FOR CLARIFICATION WOLF, J. On consideration of the Motion for Clarification filed by appellee, we withdraw the previous opinion and substitute the following. ExxonMobil petitioned the Department of Agriculture (the Department) for a declaratory statement pursuant to section 120.565, Florida Statutes (2009), seeking clarification of Florida's Price Gouging Law (embodied in section 501.160, Florida Statutes (2009)). The Department dismissed the Petition and ExxonMobil seeks review...
THOMAS, J. In this case of first impression, we are called upon to determine whether, pursuant to section 760.02(11)(d), Florida Statutes, the presence of a cafeteria on the premises of Appellee (Hospital) transformed the Hospital into a "public accommodation" for purposes of the Florida Civil Rights Act of 1992 (the Act). For the reasons explained below, we remand and reverse this matter to the Florida Human Relations Commission (Commission) to make certain factual and legal determinations on...
ORFINGER, J. A.L., the mother of S.L., J.L., M.L. and E.L., appeals from a final order terminating jurisdiction over this dependency action and permanently placing her children with their non-offending father. This dependency action began when the Department of Children and Families ("DCF") sheltered A.L.'s four children following a domestic violence incident. According to the shelter petition, concern existed that the mother, who was unemployed, had been evicted from a rooming house that she...
PER CURIAM. AFFIRMED. PADOVANO, ROBERTS, and MARSTILLER, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
