Cases

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS Daniel F. Mansberger, Defendant Below, Petitioner FILED April 28, 2020 vs.) No. 19-0226 (Monongalia County 18-MAP-11) EDYTHE NASH GAISER, CLERK

Appellee, M. P. Daniel, a real estate broker, endeavoring to sell a tract of 320 acres of land belonging to J. F. Richardson and E. B. Pickett, Jr., entered into negotiations with Dr. L. Goshorn, who resides in Taylor, Williamson county, which finally, on April 12, 1913, resulted in the execution of a written contract of sale and purchase between them, in which M. P. Daniel, acting for the owners, agreed to sell the land, and Dr. Goshorn agreed to buy, at the price of $7 per acre, partly for

718 So.2d 949 (1998) Craig DANIEL, Appellant, v. Judy Black MOATS, Appellee. No. 97-2911. District Court of Appeal of Florida, Fifth District. October 16, 1998. Remer Craig Daniel, Kennesaw, Georgia, Pro se. Ann Melinda Craggs and M. Thomas Bond, of Bond, Arnett & Phelan, P.A., Ocala, for Appellee. HARRIS, Judge. This is an appeal from an or

HOLLOWAY, Circuit Judge. This case involves an appeal by the Government pursuant to 18 U.S.C. § 3731 from an order suppressing evidence as to the three named defendants, Gary E. Hansen, Daniel E. Means, and Stephen R. Bryant. Hansen, Means and Bryant, along with two other persons,

GOSHORN, Judge. This is an appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The record of the sentencing hearing establishes that the trial judge orally announced he would not impose a public defender’s lien or any court costs. However, the judgment prepared for signature inadvertently checked certain boxes imposing these costs. The state concedes that this was done in err

DANIEL, Chief Judge. Bernard Kayden appeals a final judgment which denied his claim to one-half of the proceeds from the sale of real property titled in the name of Donald Verkins. The court below found that Verkins, now deceased, had created a declaration of trust in which he declared that he held the property “in trust for the benefit of Bernard H. Kayden or his Corporation with a fifty (50%) percent interest therein, an

EATON, O.H., Jr., Associate Judge. This appeal is from a summary judgment in a negligence case. Appellant was injured when she fell off a ramp in an automotive service area. Her version of the events, while confusing, creates a material issue of fact concerning causation which precludes entry of summary judgment. See Pratt v. Bakamasair Holding, Ltd., 546 So.2d 749 (Fla. 3d DCA 1989); Bianchi v. Garber, 528

GOSHORN, Judge. Lanzo Construction Company appeals the dismissal with prejudice of its third amended complaint against both Orange County, Florida and Camp, Dresser and McKee, Inc. The function of a motion to dismiss is to raise a question of law concerning the sufficiency of the alleged facts to state a cause of action. Because the motion serves only to test the sufficiency of the pleadings it must be decided on questions o

DAUKSCH, Judge. We affirm the judgment in this case in all respects except the award of attorney’s fees. That award was not properly done in accordance with Florida Patients Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). The trial judge heard from two lawyers who gave opinions as to their estimate of the value of the attorney’s services and the judge entered an order making an award higher than the lowest and l

COBB, Judge. The appellant Parker was convicted of aggravated assault and criminal mischief for striking an occupied motor vehicle with a cane. Parker attempted to defend by offering evidence that he was striking at the vehicle, a truck driven by one Terry Meyers, in order to prevent it from hitting him, since Meyers allegedly had tried to “run him down” on other occasions. At trial, however, the trial court held that Parker c

GOSHORN, Judge. International Jai-Alai Players Association (IJAPA) appeals an order of contempt fining the union $5,000 for violating the court’s April 28, 1988 restraining order. We reverse. This appeal arises out of IJAPA’s 1988-89 strike of the Melbourne Jai-Alai Fron-ton. Among other things, the restraining order forbade striking IJAPA members, officers, agents, and all persons acting in its behalf or

HaymoND, Judge, announced the opinion of the Court: *762Under the view I take of this case I deem it proper to first consider the question of fraud involved in the sale eonveyanoe from David Snodgrass to James L. Del-aplain. The 2d section of ch. 179, p. 736 of the Code of 1860, which was in force in this State at the commencement of this suit provide

COWART, Judge. Article 1, Section 4 of the Florida Constitution provides: Every person may speak, write and publish his sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. Section 4.08 of the Beach Code of Volu-sia County provides:

ON MOTION FOR REHEARING EN BANC DAUKSCH, Judge. We withdraw our previous opinion in this case and render the following in its stead. Appellants challenge the award of attorneys fees to appellees, which awards were made under section 768.495(1), Florida Statutes which provides in pertinent part: No action shall be filed for personal injury or wrongful death

PETERSON, Judge. Onionskin, Inc., appeals a summary judgment striking the lien it filed as a general contractor on Daniel and Sheila DeCiccio’s residence. The trial court found that the lien of $110,729.88 was willfully exaggerated or that at least the lienor had compiled his claim with such willful and gross negligence as to amount to a willful exaggeration. We agree and affirm. Onionskin’s Exhibit 4 was

PER CURIAM. Petitioner, a child, has been in secure detention for more than five days after being committed to the Department of Health and Rehabilitative Services, contrary to section 959.12, Florida Statutes and seeks a writ of habeas corpus. The State’s response concedes that the child has not been placed within the time limit provided, but contends that none of the designated placement options are immediately

DANIEL, Chief Judge. The defendant Buddy Collins appeals his departure sentence imposed after he pleaded no contest to a violation of probation and the commission of three new substantive offenses. Two of the stated reasons for departure, the substantial and egregious nature of the probation violation and the failure of past rehabilitation, are invalid. See Scott v. State, 549 So.2d 1385 (Fla.1989); Franklin v. St

MANSFIELD, Circuit Judge: Daniel Ocampo, Theodoro Hernandez, Jose Vincente Otero and Nicholas Munoz-Velasquez appeal from judgments of the Eastern District of New York entered after a jury trial before Judge John R. Bartels convicting them of conspiracy to distribute large quantities of cocaine in violation of 21 U.S.C. § 846. The

ON MOTION FOR REHEARING AND/OR CLARIFICATION GOSHORN, Judge. Petitioner’s motion for clarification of our denial of its petition for certiorari is granted. The order granting respondents’ motion, for summary judgment entered in this cause totally disposes of the claim against the petitioner and will be directly appealable when a final judgment is entered. Fla.R.App.P. 9.110(k). The cases1

ANTOON, Judge. Mr. Shaw appeals the trial court’s order directing him to pay Ms. Schlusemeyer’s attorney’s fees and staying the proceedings pending payment of such fees. Ms. Schlu-semeyer was not entitled to receive fees because she was not a “prevailing party” under the facts in this case. Accordingly, we reverse. David C. Shaw sued Betty Sehlusemeyer for injunctive relief and damages under section 40