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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Trial court erred by creating and imposing its own remedy without notice to or input from the parties in licensees putative class action seeking refunds from the PPA for fees and assessments it imposed under a law later found to be unconstitutional and the trial court abdicated its duty by denying the requested refunds and directing an administrative review. Reversed.
Publication Date: 2018-05-01 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 18-0503
Trial court could consider prior DUI offense for grading and sentencing where disposition of prior offense occurred within statutory 10-year lookback period, even if the prior offense was committed outside the lookback period, as the term prior offense referred to the disposition rather than commission of offense. Judgment of sentence affirmed.
Plaintiffs complaint sufficiently alleged that the parties entered into an agreement, as set forth in the defendant companys employee handbook, and the lack of any allegation regarding a disclaimer within the handbook did not render plaintiffs Wage Payment and Collection Law claim implausible. The court denied defendants motion to dismiss.
Subpoenas seeking medical documents in this wrongful death case were overly broad and unduly burdensome, so the court granted motions to quash, except for specific documents relating to a one-month period of time.
The court was required to grant defendants petition for abatement of the deceased plaintiffs causes of action where a personal representative was not appointed within one year after a suggestion of death was filed and the delay in taking out letters was not reasonably explained. The court granted defendants petition for abatement.
Exculpatory clause released ski resort from injury caused by wheel ruts on ski slope, where such hazards were an inherent risk of skiing and where resorts creation of such ruts did not rise to level of gross negligence or recklessness. Order of the trial court affirmed.
Defendants motion for reconsideration of his motion to dismiss the indictment based on missing or unavailable witnesses was denied because the possibility of prejudice was not sufficient to support defendants argument that his speedy trial rights were violated and a mere possibility was all defendant had shown. Motion denied.
Motion for leave to amend to add defendants denied where filed more than 600 days after filing of complaint, and where there was no evidence proposed parties had notice of the litigation, such that plaintiff could not rely on relation-back doctrine to avoid statute of limitations. Plaintiffs motion for leave to amend denied.
The court granted union and employers summary judgment motions in bus drivers action alleging violations of his due process rights and violation of the duty of fair representation in the grievance process that led to his discharge after an accident that killed a pedestrian because driver failed to exhaust his internal union remedies, he provided no facts to support his claim of political animus by union and the record showed that business agent provided adequate representation at the hearing. Motions granted.
Publication Date: 2018-05-01 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 18-0504
Trial court lacked authority to order mediation of CCA violation fine, and thus lacked authority to impose contempt convictions for failure to attend mediation or paying mediated fine. Judgments of sentence vacated, case remanded.