Florida Cases | Week-at-a-Glance | February 1

February 1 - 5, 2010

A weekly hyperlinked summary of selected civil and criminal cases

Presented by the Appellate Practice Group at Carlton Fields

Latest Florida Appellate News On January 27, 2010, Governor Charlie Crist appointed Simone Marstiller to the First District Court of Appeal. Judge Marstiller has previously served as executive director of the Florida Elections Commission, Secretary of the Department of Business Regulation, Interim Secretary for the Department of Management Services, and Assistant General Counsel for the Executive Office of the Governor. On January 22, 2010, the United States Eleventh Circuit Court of Appeals ruled in favor of our clients, the appellees, National Union and AIG, by affirming a summary judgment in a first-party bad faith action. Nancy C. Ciampa represented the appellees. Applying Florida law, the circuit court agreed that (i) an insurer is not liable for a first-party bad-faith claim when there was never an opportunity the insurer to settle the claim for what was owed under the policy; and (ii) the damages allegedly caused by the insurer's bad-faith failure to settle were not reasonably foreseeable. See Heritage Corp. of S. Fla. v. National Union Fire Ins. Co., No. 08-14824 , 2010 WL 227578 (11th Cir. Jan. 22, 2010) (unpublished disposition).		Latest CF Appellate News Group members Alina Alonso and David L. Luck authored an article entitled *“Toward a More ‘Convenient’ Standard of Review in Cases Involving Forum Non Conveniens Issues,”* published in the January 2010 issue of The Florida Bar Journal. Group member Cristina Alonso was recently recognized as one of “The Most Effective Lawyers” in Miami-Dade, Broward, and Palm Beach Counties by Daily Business Review.
Florida Supreme Court - Tallahassee Barnes v. State - death penalty Menendez Jr v. Progressive Express Ins Co - retroactive application of statute; PIP pre-suit notice In Re Amendments to the Rules of Regulating The Fl Bar - basic skills courses; electronic attendance Inquiry Concerning Judge Angela Dempsey - judicial reprimand In Re Amendments to The Fl Family Law Rules of Procedure - corrected opinion; fast track reporting		First District Court of Appeal - Tallahassee Cooks v. State - reasonable suspicion of criminal activity Garland v. State - proportionality of sentence Itiat v. Poskey - wrongful death Seminole County v. Baumgardner - workers’ compensation Cassell v. Erquiaga - child support Mines Jr v. Country Wide Home Loan - writ of prohibition; recusal of trial judge
Second District Court of Appeal - Lakeland Aikin v. WCI Communities - rescission of purchase contract; registration requirements Jackson v. State - sentencing Diehl v. Diehl - equitable distribution LJ v. AS - paternity; standing Monserrate v. State - return of property Brown v. State - vindictive sentence McCormack v. Flens - civil theft Morton v. Boyd - attorney's fees Ginn v. State - forgery; grand theft Clark v. State - jail credit Bloye v. State - postconviction relief Valdes v. State - postconviction relief Elbert v. State - jurisdiction; double jeopardy		Third District Court of Appeal - Miami Hutchinson v. State - postconviction relief; distinction between 3.800 and 3.850 Liebherr-Am, Inc v. McCollum - product liability; no liability for negligence absent defect; causation; failure to warn Rakusin Law Firm v. Estate of Dennis - summary-judgment standard; attorney’s fees State v. Ford - downward-departure sentencing Lopez v. Atlas One - arbitration clauses Waller v. State - postconviction relief Rodriguez v. State - postconviction relief
Fourth District Court of Appeal - West Palm Beach Whitmore v. State - ineffective assistance of appellate counsel; sentencing Dyer v. State - best evidence rule Gallagher v. UAC - unemployment benefits Crespo v. Crespo - marital settlement agreement; parol evidence Walter Transport Corp v. Palm Beach Metro Transportation - contract construction; benefit to third parties Lahens v. State - jail credit Sunshine State Ins Co v. Corridori - insurance coverage; appraisal JTF v. Housel - juvenile detention		Fifth District Court of Appeal - Daytona Beach Thomas v. Thomas - estates, final accounting, objections Jones-Bishop v. Sweeney - probate, summary administration Pattio v. UAC - unemployment compensation, termination for good cause Stackman v. Pope - prescriptive easement, elements Johnson v. Skarvan - sanctions, dismissal for noncompliance with court order Finfrock v. State - collateral consequences of plea, Jimmy Ryce (concurrence) Gutierrez v. State - postconviction relief Grant v. DOR - civil contempt, ability to purge Best v. State - excessive bail Beard v. State - sentencing, discrepancy between written and announced

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