Carlton Fields - April 28, 2008

April 28 - May 2, 2008

A weekly hyperlinked summary of selected civil and criminal cases

Presented by the Appellate Practice Group at Carlton Fields

Latest Florida Appellate News		Latest CF Appellate News Tallahassee shareholder Marti Chumbler and associate Christine Davis won an appeal in a case where the firm represented the Bay County Superintendent. In McCalister v. School Bd. of Bay County, the First District sets forth important distinctions between the rights and obligations of district school boards and school superintendents and the application of the good cause required to overturn a superintendent recommendation under Florida law. Carlton Fields represented Superintendent McCalister. The firm also assisted the Florida Association of District School Superintendents in their amicus brief. On December 12, 2007, the Florida Supreme Court declined to accept jurisdiction in Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co. Inc., Case No.: SC07-1251. Petitioner sought review of the Fourth District Court of Appeal's decision in Morgan Stanley & Co. Inc. v. Coleman (Parent) Holdings, Inc., 955 So.2d 1124 (Fla. 4th DCA 2007), reversing a $1.57 billion jury award because plaintiff failed to prove damages. Tampa shareholder, Sylvia Walbolt, and Fort Lauderdale attorney Bruce Rogow, represented Morgan Stanley in both courts. In recognition of her outstanding service in the area of pro bono legal assistance, Tampa shareholder Sylvia Walbolt received the 2008 Tobias Simon Award from the Chief Justice of the Supreme Court of Florida at an award ceremony on January 31, 2008.
Florida Supreme Court - Tallahassee *Woodel v. State of Florida* - capital case; sentence review *State of Florida v. Johnson* - Confrontation Clause; use of FDLA report *Lebron v. State of Florida* - capital case; sentence review *Russell v. State of Florida* - application of Crawford to probation revocation *Peters v. State of Florida* - application of Crawford to probation revocation *State of Florida v. Belvin* - application of Crawford to breath test affidavit *Arnold, Matheny And Eagan, P.A. v. First American Holdings* - garnishment in context of attorneys *In Re: Amendments To Florida Rule of Juvenile Procedure 8.165(A)* - rule amendment *In Re: Amendments To The Florida Family Law Rules of Procedure – Correction Notice* - technical correction *In Re: Amendments To The Florida Family Law Rules of Procedure – Corrected Opinion* - rules amendments		First District Court of Appeal - Tallahassee *Peer v. State* - double jeopardy *Cantel Homes v. NCRJ* - worker’s compensation benefits *State v. Brown* - paternity; genetic testing *O’Neill v. McNeill* - prison disciplinary proceeding
Second District Court of Appeal - Lakeland Rivers v. State - Sentencing *Bodie v. State -* Sentencing Wiggins v. State - Extension of speedy trial period Saldana v. State - Jury deliberation on single count involving multiple offenses LaMorte v. State - Constitutionality of extension of statute of limitations Parker v. State - Violation of probation Howard v. State - Reclassification of felony Gonzalez v. State - Jury size Jefferson v. Florida Parole Commission - Revocation of conditional release Vierra v. State - Habeas corpus Baker v. State - Restitution hearing Bermont Lakes v. Rooney - Jurisdiction; specific performance; contract for sale of land		Third District Court of Appeal - Miami *Hill v. State* - propriety of references to "high crime" area; "uncontroverted" evidence *Payne v. State* - propriety/ harmlessness of reference to police dispatch call *State v. Futch* - lack of subject-matter jurisdiction to enforce ordinance in criminal matter *Camon v. State* - post-sentencing motion to withdraw plea "critical stage" *Olsten Health v. Cody* - DV motion on causation; photos in jury room; jury instruction on burden of proof *Pestano v. State* - adoption of co-defendant's statements; expectation of privacy at police station; voluntariness of written statement *Perez v. State* - court reporter mandamus *Kalbac v. Waller* - video erroneously played for jury; "duplicative" experts *Porter v. State* - ineffective assistance of counsel for failure to investigate alibi defense *Gonzalez v. State* - timeliness of motion to reduce or modify sentence *United Auto v. Bermudez* - withdrawal of benefits; "valid" report *Randazzo v. Randazzo* - equitable lien on homestead property; fraud *Margules v. 11th Judicial* - direct criminal contempt order vacated *Acosta v. State* - battery on law enforcement officer; qualifying offenses for enhanced sentencing *Miami Dade Coll. v. Turnberry* - motion to disqualify judge; expression of displeasure with the case and prognostication on outcome *Saltponds v. Walbridge* - condominium statute of limitations for breach of warranty; latent defects *Applica v. Newtech* - contract construction, negotiations
Fourth District Court of Appeal - West Palm Beach *Twelfth Ave Investments v. Smith* - purchase option in lease agreement *Yerrick v. State* - violation of probation *State v. Gatto* - downward departure *Mihaita v. Batista-Mihaita* - alimony *Weathers v. State* - discovery violation *Joyner v. State* - comment on right to remain silent *Jones v. Ferguson* - indigence; legal sufficiency of claims *Griffin v. State* - reduction of sentence; timeliness *Renaissance Health Publishing v. Resveratrol Partners* - personal jurisdiction *City of Fort Lauderdale v. Crowder* - cost of representation for indigents *Julia v. Russo* - probate; withdrawal of funds *Hunt v. Hunt* - adoption; social security benefits *Prince v. State* - judgment of acquittal; grand theft auto *Sterling v. David Feldbaum, M.D.* - juror interview *Rawlings v. State* - possession with intent to sell; intent element *Miller v. Savanna Maintenance Ass’n* - disclosing third-party information *Rodriques v. State* - plea consequences *Yearby v. Florida Parole Comm’n* - conditional release statute		Fifth District Court of Appeal - Daytona Beach *AMW. v. State* - double jeopardy *Ayala v. Gonzalez* - show cause order *Flynt v. Progressive* - summary judgment; release; reformation; rescission *Hogan v. State* - sanctions for abusive filings *Smith v. State* - belated appeal request

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