Florida Second District Court of Appeal
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Appeals court overturns arbitration judgment, sets new trial in medical malpractice case
LAKELAND — A widow suing Naples Community Hospital (NCH) on behalf of the estate of her deceased husband over alleged medical malpractice, has successfully had the final judgment in favor of the hospital overturned due to her meeting requirements for a new trial. -
Appeals court: Hendry County homeowners can't easily escape $137K foreclosure collection suit
A Florida appeals court has reopened a Hendry County judge's decision to let a couple off the hook for potentially $137,000 in debt owed on a foreclosed mortgage, saying the couple's reliance on documents from Fannie Mae on the property's value isn't enough to stop the collection lawsuit from continuing. -
Appeals court: Hillsborough judge should have excused juror, sends tobacco suit to new trial
Florida's Second District Court of Appeal has ordered a new trial in a lawsuit brought by the estate of a man who sued tobacco products maker Philip Morris USA, as the appeals panel ruled a Hillsborough County judge improperly refused to allow the plaintiff's lawyers to dismiss for cause a potential juror who said he believed the man's illnesses were caused by his choice to smoke. -
Condo owners win appeal over revising homeowner rules
A group of condominium owners have won a court appeal after the state's Department of Economic Opportunity claimed that the association was not entitled to amend or revise its property owners rules. -
Florida Appeals Court reverses lower court decision over two brothers' 'adult-oriented' websites
A Florida appeals court has overturned the decision of a lower court in a dispute between two brothers over their adult-orientated websites. -
Appeals court says lawyer documents are exempt from public record request in veterinary hearing panel case
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 remands part of summary judgment in dispute over real estate commissions
LAKELAND – A group of real estate brokers recently had a summary judgment on two sales appeals affirmed in part and reversed in part. -
Appeals court backs denial of insurance company’s right to intervene in injury suit
LAKELAND – Florida's Second District Court of Appeal recently affirmed a Pinellas County Circuit Court ruling dismissing an insurer's attempt to intervene in an ongoing lawsuit against a roofing company involving a worker's injury. -
Florida Court Dismisses Appeal in Adoption Case
The Florida Supreme Court, in ruling against Gift of Life Adoptions, has denied a request for summary judgment in a case involving an incarcerated father. -
Appeals court says Treasure Chest Poker's lawsuit should be dismissed
LAKELAND – Florida's 2nd District Court of Appeal has reversed a declaratory judgment in a case against the state's Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (DOABT) regarding the operation of free poker games in businesses regulated by the agency. -
Tampa attorney to be reprimanded over alleged 'miscarriage of justice' in 2014 negligence case
TALLAHASSEE — Tampa attorney Michael Lewis Forte will be publicly reprimanded by publication in the Southern Reporter following an April Florida Supreme Court order over a "miscarriage of justice" he allegedly created in a negligence lawsuit, according to a recent announcement by The Florida Bar.Add Teaser here -
Appellate court affirms ruling in underground fuel tank case
Claims for negligence and indemnification filed against Tank Tech, Inc. as part of a dispute with Valley Tank Testing, LLC regarding liability for damage to underground petroleum tanks (USTs) will stand, according to an opinion entered on April 20 by the Florida District Court of Appeal, Second District. -
Appellate court: City has 'no duty to care' in Pirate's Treasure lawsuit
In a non-final opinion entered April 13, the Florida Second District Court of Appeal overturned a Sixth Judicial Circuit Court order to allow dismissal of a negligent misrepresentation claim filed against the city of Dunedin by Pirate’s Treasure Inc. -
Appeals court reverses decision in RaceTrac wrongful land purchase
LAKELAND – The Florida Second District Court of Appeal agreed in an April 4 opinion that the Circuit Court for Pasco County erred when the judge denied procedural due process to trustee Gaspar's Passage LLC, as well as its denial of Gaspar's request to add expert witnesses and exhibits. -
Court tosses ruling saying legally blind man not responsible for individually signed promissory note
LAKELAND — The decision of a lower court that negated the claim of Monique M. Agia and Lisa Agia, co-trustees of the Agia Children Irrevocable Trust, against Fareed Ossi concerning a promissory note Ossi signed, was reversed by the Florida Second District Court of Appeals on April 6. -
Florida appeals court orders new trial in insurance coverage dispute
LAKELAND, Fla. – The Second District Court of Appeal has ordered a new trial in a breach of contract case against Citizens Property Insurance Corporation. -
Tampa attorney publicly reprimanded after allegedly charging excessive fees
Tampa attorney Natalie K. Khawam has been publicly reprimanded following a Jan. 11 Florida Supreme Court order over allegations she charged a client excessive fees, according to a recent announcement by The Florida Bar. -
Court rules suit against Alico, Lee County over rezoning outside scope of state statute
LAKELAND — The 2nd District Court of Appeal on June 30 said Florida homeowners' claims against additional commercial development were outside the purview of the Consistency Statute, affirming a Circuit Court’s decision. -
Appeals court remands case involving Treasure Chest Poker, says trial court didn't have jurisdiction
LAKELAND — An appeals court has said a trial court didn't have jurisdiction declaring judgment in a case in which a poker company alleges the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco had improperly given notices of noncompliance to establishments that were its customers. -
2nd District Court of Appeal remands request for attorneys’ fees in divorce case
LAKELAND – Florida’s 2nd District Court of Appeal has vacated a lower court’s ruling in a divorce case and remanded it for a ruling on reasonable attorneys' fees and costs for the wife involved in the case.