Gerald Bard Tjoflat

U.S. Court of Appeals for the Eleventh Circuit circuit Appointed by Gerald Ford (Eleventh/Fifth Circuit); Richard Nixon (prior M.D. Fla. district seat) (Republican) 27 signed orders read

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr, S.A.
05-16351 · 2008-07-14
Appeal (appellant (defendant Consorcio Barr, S.A.)) Denied

“The district court has again confirmed the partial award, and this time we affirm.”

United States v. Fontenot
09-13328 · 2010-07-13
Appeal (appellant (defendant Wilton Fontenot)) Denied

“Finding this claim without merit under plain error review, we affirm Fontenot's conviction.”

Baby Buddies, Inc. v. Toys "R" Us, Inc.
08-17021 · 2010-07-22
Appeal (appellant (plaintiff Baby Buddies, Inc.)) Denied

“The district court granted the motion for summary judgment and dismissed Baby Buddies's claims. Baby Buddies appeals that judgment, and we affirm.”

Valinda S. Kornhauser v. Commissioner of Social Security
11-10291 · 2012-07-02
Appeal (appellant (plaintiff Valinda S. Kornhauser)) Granted

“The decision is not sustainable. We accordingly vacate the decision and instruct the District Court on receipt of our mandate to amend its EAJA order to provide for the payment of attorney's fees of $5,000.”

Southern Communications Services, Inc. v. Derek Thomas
11-15587 · 2013-07-12
Appeal (appellant (plaintiff Southern Communications Services, Inc.)) Denied

“Under the highly deferential standard of 10(a)(4), the arbitrator did not exceed his authority in his issuance either of the clause construction award or of the class determination award. For the forgoing reasons, the opinion of the District Court is AFFIRMED.”

Winnifred Bell v. City of Winter Park, Florida
13-11499 · 2014-03-20
Appeal (appellants (plaintiffs Winnifred Bell et al.)) Granted in part

“The District Court ... granted the motion and dismissed the case. The Plaintiffs now appeal. For the reasons outlined below, we affirm in part and reverse in part.”

Morris v. Town of Lexington Alabama
13-10434 · 2014-05-21
Appeal (appellants (defendants Officers Mark Bowers and Lee Bradford)) Granted in part

“We conclude that the District Court properly denied the officers qualified immunity for entering the owner's residence without a warrant. The court erred, though, in denying the officers' motions to dismiss the owner's claim for unlawful arrest.”

Darrell Cummings v. Matthew T. Whiddon
11-13507 · 2014-07-08
Appeal (appellant (plaintiff Darrel Cummings)) Denied

“The Magistrate Judge granted the motion for reconsideration and denied Cummings's motion for a new trial. Cummings appeals the decision. We affirm.”

Hartford Accident and Indemnity Company v. Crum & Forster Specialty Insurance Company
15-12781 · 2016-07-12
Appeal (appellants (Hartford Accident and Indemnity Co. and Crum & Forster, jointly seeking vacatur)) Granted

“Accordingly, the District Court's denial of Crum & Forster and Hartford's Rule 60(b) motion is REVERSED. The District Court's orders ... are hereby VACATED. REVERSED AND VACATED”

Gordon v. United States Attorney General
16-11331 · 2017-07-10
Petition for review (petitioner (Lannie Gordon)) Granted

“As the Board did not appropriately determine that Gordon was convicted of an aggravated felony, we grant Gordon's petition and reject the Board's finding of removability. PETITION GRANTED.”

Mary Bottini v. GEICO
15-12266 · 2017-06-15
Appeal (appellant (defendant GEICO)) Granted

“We thus reverse the District Court's order granting partial summary judgment on the binding effect of the verdict in the Circuit Court's breach-of-contract case, and hold that the parties must again litigate statutory damages.”

Anthony Lee Turbeville v. Financial Industry Regulatory Authority
16-11083 · 2017-11-01
Appeal (appellant (plaintiff Antony Lee Turbeville)) Denied

“Before us is the District Court's dismissal of Antony Turbeville's complaint against the Financial Industry Regulatory Authority ("FINRA") and its denial of Turbeville's motion to remand the case to Florida state court. We affirm both.”

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