terry's takes
Filtered by court: 6th dcaApril 9, 2024
6th dca, premises liabilityJohnson & Krej Leasing, Inc.
Plaintiff was shot in a brawl at an Orlando strip club. Plaintiff did not sue the club or the company hired to handle security for the club. Instead, he sued the property owner and his management company, which he used to collect rent. Plaintiff won at trial, but the Sixth District reversed and remanded for entry of a directed verdict in the Defendants’ favor. The duty to reasonably protect against third-party violent acts falls on the party with control over the property. Here, that was the strip club, not the property owner. The club handled all day-to-day operations and hired and worked with a security company. Though the lease allowed the property owner to take back over the premises under certain conditions and to inspect or make repairs, that didn’t equal “control.”
read moreMarch 15, 2024
6th dca, settlementMorris v. Boyer
Where husband-defendant settled his portion of a car accident case for $50,000 and then wife-defendant, the spouse of the first defendant, agreed to settle her part of the case for $49,500, she was not entitled to—and the court could not enter a judgment—a setoff from her husband’s $50,000. Where parties settle, there is no judgment, and setoffs do not apply to settlements unless those terms are included in the settlement agreement.
read moreJune 9, 2023
6th dca, venue, writ of mandamusBravo v. State of Florida
This Sixth DCA opinion reversed a venue transfer, reaffirming that mandamus petitions follow general venue rules, including the "home venue privilege." This rule typically ensures that civil actions against the state or its agencies are brought in the county where the agency has its principal headquarters, barring exceptions or waivers.
read moreJune 9, 2023
6th dca, settlement, subject matter jurisdictionClarke v. Global Guaranteed Goods and Services, Inc.
The Sixth DCA held that a trial court could not modify a settlement agreement’s terms after a payment default. Global Guaranteed Goods and Services missed part of its agreed $60,000 payment to Clarke, triggering a $40,000 default penalty. Although Global argued the court lacked jurisdiction due to a prior dismissal, the DCA found this issue waived. The court reversed the trial decision, instructing enforcement of the original settlement terms and allowing Clarke to pursue additional proceedings to secure his lien rights.
read moreMay 26, 2023
6th dca, biomechanical expert, motion for new trialSmith v. Lyles
this was a motor-vehicle accident personal injury case. when lyles was making a right-hand turn at a red light, he saw a truck approaching the intersection, and he hit his brakes. smith, the driver behind him, rear-ended him. neither party reported inju...
read moreMay 26, 2023
6th dca, motion to dismiss, personal jurisdictionTraveler Insurance Facilities, PLC v. Naples Community Hospital, Inc.
the underlying action involves a dispute over allegedly unpaid or underpaid claims for emergency medical services rendered to several foreign patients by naples community hospital, inc. (nch)
read moreMay 12, 2023
6th dca, causation, directed verdict, negligenceLancheros v. Burke
In this case, Burke sued Lancheros and VL Auto Transport, Inc., for injuries from a car accident. The defendants admitted fault, but contested whether the accident caused Burke's back injury, arguing it was a pre-existing condition. Although expert testimony supported Burke’s claim that the accident caused temporary back soreness, the trial court granted a directed verdict on causation, removing that question from the jury. The DCA reversed, citing that the jury could still question causation due to Burke's delayed treatment and prior back issues. This allowed the jury to reject expert testimony based on conflicting evidence about the injury's cause.
read moreMay 5, 2023
6th dca, writ of prohibitionRoberts v. State of Florida
in this criminal case, a defendant opposed a subpoena issued by the state of florida to obtain his medical records as part of a criminal investigation. the state filed a motion seeking leave of court to issue the subpoena under sections 395.3025 and 401...
read moreMay 5, 2023
6th dca, appealable order, sanctionsNelson v. McNeill
nelson was sanctioned by the trial court in a probate matter. entitlement to the sanction was found, but the trial court has not yet determined the monetary amount of the sanction.
read moreMay 5, 2023
6th dca, appealable orderBowers v. Orange County
The Second DCA dismissed an appeal regarding a non-final, non-appealable order in a case involving trespass, nuisance, inverse condemnation, and declaratory relief. The court found that the trial court had not issued a final order disposing of all counts, particularly the settled tort claims, as required for appealability. Despite settlement indications, no stipulation of dismissal under Rule 1.420 or a final judgment resolving the claims was filed, leaving the case unresolved for appellate review.
read moreFebruary 25, 2023
6th dca, no categoriesDanforth v. Danforth
The Sixth District Court of Appeal in Danforth v. Danforth reinforced that appeals for orders on Rule 1.540 motions for relief from judgment or similar orders must be filed within 30 days of the order. Importantly, the court clarified that filing a motion for rehearing or similar motion does not extend this 30-day deadline, making timely action critical for those seeking relief.
read moreJanuary 17, 2023
6th dca, no categoriesNote
the sixth dca made florida legal history by releasing its first decisions in history on january 17, 2023. sadly, the court chose to make its first batch of decisions four per curiam affirmances in criminal cases.
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