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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
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"Steven Andrews" AND Litigation NOT Florida
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Publication Date: 2019-12-23 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 19-1493
Trial court did nor err in denying grandmother's petition for child support from grandfather, for child for whom they had primary legal and physical custody due to mother's inability to care for child, because there was no statutory authorization to extend the duty of child support between two third parties where neither party had adopted the child. Affirmed.
Trial court erred in granting insurer summary judgment where there was a genuine issue of material fact as to whether plaintiff's emotional injuries were caused by physical injuries she suffered in a motor vehicle accident, thereby entitling her to first-party benefits, or were caused solely by the accident. Order of the trial court reversed and remanded.
Fair Labor Standards Act plaintiff entitled to liquidated damages where employer's reliance on industry practices and failure to cite specific legal or accounting advice for FLSA compliance meant employer could not demonstrate good faith or objective reasonableness. Plaintiff's motions granted in part and denied in part.
The record established that plaintiff was on constructive notice of an outstanding mortgage on the subject property when she purchased the property at a sheriff's sale on a second mortgage; therefore, she was not entitled to relief in this action to quiet title. The court sustained demurrers to the complaint and dismissed plaintiff's action.
Commission erred in holding that it lacked jurisdiction over gas charges subject to docketed liens and in holding that plaintiff could not continue to impose late fees on delinquent accounts once city docketed its municipal liens relating to those accounts. Reversed.
While various actions by an insurer can constitute bad faith, plaintiff's allegations against the defendant insurer were redundant and conclusory and did not provide a sufficient basis to state a plausible claim for punitive damages. The court granted defendant's motion to dismiss but granted plaintiff 14 days to her amend her claim.
The trial court did not err in granting a compulsory nonsuit in this negligence matter, because the evidence would have required a jury to speculate on what had occurred. Plaintiff did not meet her burden of proof regarding causation, so she was not entitled to rely on the alternative liability theory.
Defendants moved to dismiss plaintiff's action asserting violations of Pennsylvania's Wiretapping and Electronic Surveillance Control Act and tortious intrusion upon seclusion for the collection of her data and keystrokes as she browsed a website and court found discovery was needed before court could determine where the alleged conduct in violation of WESCA took place and plaintiff failed to plead the type of highly offensive act to which liability could attach for her intrusion claim. Motion granted in part and denied in part.
Losing party in adversary proceeding had waived appellate rights in stipulation that provided that claims would be withdrawn and that the proceedings would be finally concluded in all respects upon the judgment of the bankruptcy court. Order of the district court affirmed.
Defendants moved to dismiss pro se plaintiff's complaint alleging multiple claims against private defendants over township's grant of variances to defendants and court found plaintiff failed to plead that defendants were state actors for his due process and civil rights claims, court declined to exercise supplemental jurisdiction over plaintiff's state law claims and plaintiff's motion to amend to add federal civil rights claims was denied because he did not adequately plead state action. Defendants' motion granted, plaintiff's motion
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