Florida First District Court of Appeal News

Fear that former partner will turn violent isn't enough for 'dating violence' injunction, appeals court says

By Karen Kidd | May 16, 2019

In Florida, it is not enough to be afraid that a former dating partner will be violent before a so-called "dating violence" restraining order may be granted, Florida's First District Court of Appea said in a recent opinion.

Appeals court rules Chamber of Commerce is charitable organization exempt from property taxes

By Kyla Asbury | May 6, 2019

The Florida First District Court of Appeal ruled May 2 that the Gainesville Area Chamber of Commerce is exempt from paying property taxes because it is a charitable organization.

Pensacola attorney suspended for allegedly mishandling criminal appeal

By Karen Kidd | May 2, 2019

TALLAHASSEE (Florida Record) — Pensacola attorney Eugene Keith Polk has been has been suspended following a March 28 Florida Supreme Court order over allegations arising from a criminal appeal, according to a recent announcement by The Florida Bar.

Hospitals prevail, as appeals court strikes down proposed new rules for calculating Medicaid reimbursements

By Kyla Asbury | May 1, 2019

Hospitals from throughout Florida have prevailed in their appeal of a state agency's decision to reduce state Medicaid reimbursement rates, as a state appeals court said the agency never established how the new reimbursement rules would accomplish the cost-cutting goals desired by state legislators.

Appeals court: Man who wrecked girlfriend's car while fleeing cops owes market value, not outstanding loan balance

By Karen Kidd | Apr 23, 2019

A man who wrecked his ex-girlfriend's Toyota Yaris while fleeing police in 2016 must pay only the vehicle's fair market value and not the upside-down loan still owned to a bank, a state appeals court has ruled.

Appeals panel: Judge erred in allowing contract suit to proceed vs MBC Gospel Network despite lack of original note

By Marian Johns | Apr 23, 2019

A Florida state appeals panel says a Leon County judge ignored the law when she allowed Florida's News Channel to continue with a contract lawsuit against Christian TV programmer MBC Gospel Network, even though the plaintiff couldn't produce an original copy of the promissory note at the heart of the controversy.

Oviedo therapist loses appeal in sexual misconduct case

By Marian Johns | Apr 17, 2019

TALLAHASSEE — A psychotherapist practicing in Oviedo has been denied the appeal of his emergency license restriction that prevented him from treating female patients due to allegations of sexual misconduct.

Appeals court decision shields managed care company's 'trade secrets' in Florida CHIP dental dispute

By Karen Kidd | Apr 8, 2019

A company that manages Medicaid dental benefits for the Children's Health Insurance Program in Florida and in other states won't have to make its "trade secrets" public, as ordered by a Leon County judge, according to a recent appeals court ruling.

Appeals court reverses decision that denied man continued coverage for alleged asbestos-related maladies

By Takesha Thomas | Apr 1, 2019

A Florida state appeals panel has reversed a Judge of Compensation Claims decision that denied a man who was diagnosed with occupational-induced asthma continued medical care, costs and attorneys’ fees.

Florida appeals court reverses decision denying an oil well drilling permit in Everglades

By Sandra Lane | Mar 30, 2019

A Florida state appeals panel has ruled a state agency was wrong to deny a landowner in the Everglades the chance to drill a well to explore for oil.

Florida Public Service Commission wins appeal to allow water, sewer rates to rise

By Takesha Thomas | Mar 22, 2019

The Florida Public Service Commission has won an appeal that will allow water and sewer rates in the state to be raised.

Florida Prepaid 'tuition differential fee' doesn't entitle out-of-state students to tuition 'windfall:' Appeals panel

By Florida Record | Mar 19, 2019

Florida's Prepaid College program doesn't owe a woman thousands of dollars more toward her son's out-of-state college tuition under a so-called "tuitition differential fee" provision, because to give her the money would create a "nonsensical" result that would "result in a windfall to students who leave Florida" to attend college, a state appeals panel has ruled.

Appeals court: Marine Max can't be forced to overpay for workers' comp claims, but can't order different doctor

By Scott Holland | Mar 8, 2019

A Florida appeals court says a possible payment dispute can’t force a workers’ compensation claimant to change doctors.

Appeals court issues new opinion regarding Keystone Airpark Authority's breach of contract suit

By Takesha Thomas | Feb 4, 2019

TALLAHASSEE – Florida's First District Court of Appeal recently withdrew its earlier opinion in a suit Keystone Airpark Authority filed seeking damages regarding repairs to an airplane hangar and taxiways that deteriorated after an engineering firm allegedly failed to meet its obligations under a construction contract.

Appeals court rules elevator company official can't be sued in worker's death

By Charmaine Little | Jan 10, 2019

TALLAHASSEE -- Florida's First District Court of Appeal determined Dec. 28 that a lower court erred when it denied a motion to dismiss a wrongful death action.

Appeals court upholds lower court decision in dispute over Heron's Landing condos

By Chandra Lye | Dec 30, 2018

A Florida appeals court has affirmed the decision of a lower court in a dispute over the condition of condominium units in Jacksonville.

Leon County court directed to enter ruling backing R.J. Reynolds in lung cancer death case

By Carrie Salls | Dec 21, 2018

TALLAHASSEE – The Leon Circuit Court has been directed by Florida’s First District Court of Appeal to enter a verdict in favor of R.J. Reynolds Tobacco Co. in a case filed by the husband of a woman who died of lung cancer, according to a Dec. 18 appeals court ruling.

St. Lucie County and its insurance provider responsible for benefits despite firefighter being on leave, court says

By Charmaine Little | Dec 13, 2018

St. Lucie County and its insurer lost an appeal seeking reimbursement after it covered the heart attack of a firefighter who was no longer on active duty.

Appeals court says lawyer documents are exempt from public record request in veterinary hearing panel case

By Charmaine Little | Dec 11, 2018

TALLAHASSEE – Florida's First District Court of Appeal recently agreed with a Leon County Circuit Court decision denying a woman's request to force the Department of Business and Professional Regulation to release documents she had requested.

Appeals court sides with Health Department in trauma center litigation made moot by new state law

By Karen Kidd | Nov 18, 2018

Despite passage of a law earlier this year that made the case irrelevant, a Florida appeals court last week sided with the state's health department in long-time litigation over its proposed rules over the number and "need" trauma centers in the state.

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