Walter Pettus Gewin
Judge Gewin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gewin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Distinguishes private conduct authorized by statute from conduct compelled by the state when applying the state-action requirement.
“The state has no role in the discipline of private hospital staffs in Florida beyond statutorily authorizing actions hospitals already had a legal right to take.”
Treats counsel’s investigation obligation as distinct from the later tactical choice of which defense to present.
“This choice should not be confused with the duty to investigate.”
Procedural preferences
Requires all four established prerequisites before granting the extraordinary remedy of a preliminary injunction.
“The four prerequisites are as follows: (1) a substantial likelihood that plaintiff will prevail on the merits, (2), a substantial threat that plaintiff will suffer irreparable injury if the injunction is not granted, (3) that the threatened injury to plaintiff outweighs the threatened harm an injunction may cause the defendant, and (4) that granting the preliminary injunction will not disserve the public interest.”
Leaves conflicting evidence and witness credibility to the jury when the record supports competing inferences.
“it is the exclusive province of the jury as the fact-finding entity and not the court “to weigh conflicting evidence and inferences, and determine the credibility of witnesses.””
Cautions
Does not constitutionalize an ordinary public-employment decision absent a claim that protected activity motivated the employer.
“The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions.”
Accepts an inventory search when the evidence is discovered through a routine caretaking procedure independent of any alleged illegality.
“Rather, the .9mm weapon was discovered during a routine, reasonable police procedure which was not dependent on the exploitation of any alleged illegality.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the judgment denying the petition for exception is affirmed.”
“The judgment of the trial court is affirmed.”
A historical record
Judge Gewin no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.