Florida Cases | Week-at-a-Glance

June 22 - 26, 2009

A weekly hyperlinked summary of selected civil and criminal cases

Presented by the Appellate Practice Group at Carlton Fields

Latest Florida Appellate News Miami shareholders Ben Reid, Paul Nettleton, and Cristina Alonso successfully defended a class action settlement as to the computation and payment due medical providers for magnetic resonance imaging services under section 627.736(5)(b)(5), Florida Statutes, in the matter of Altamonte Springs Imaging, L.C. v. State Farm Mut. Auto. Ins., Nos. 3D08-652, 3D07-3009 (Fla. 3d DCA June 3, 2009). Florida’s Second District Court of Appeal reversed a pro bono appeal challenging a Florida trial court's refusal to enforce an adoption judgment entered in the state of Washington on behalf of a woman who adopted the biological child of her same-sex partner. John R. Blue, former Second District Court of Appeal Chief Judge and St. Petersburg shareholder, and Cristina Alonso, Miami shareholder, handled the appeal. Please click on the following link to read the Court's opinion: Embry v. Ryan. The Seventh Circuit Court of Appeals affirmed an order dismissing a products liability case to Argentina on the grounds of forum non conveniens. The case was brought by Argentine plaintiffs against Ford Motor Company and others. Miami shareholders Alina Alonso and Wendy Lumish handled the appeal. Please click on the link to read the Court's opinion: Carlos Abad, et al., vs. Bayer Corporation, et al.		Latest CF Appellate News Carlton Fields is pleased to announce that shareholder Sylvia H. Walbolt is the recipient of the 2009 Medal of Honor Award by the The Florida Bar Foundation. This prestigious award will be conferred on June 25, 2009 at the Foundation’s Annual Dinner. The program will be held at the Orlando World Center Marriott during the Annual Convention of The Florida Bar.
Florida Supreme Court - Tallahassee *Gore v. State* - post-conviction relief; competency *Chavez v. State* - post-conviction relief; qualification of expert *McNeil v. Canty* - revocation of conditional release; calculation of release date; gain time		First District Court of Appeal - Tallahassee *Jamie Lee Tasker v. State of Florida* - error with scoresheet; conflict certified *Gerald David Odom v. State of Florida* - revocation of probation *Tony Gerald Golden and his wife, Tina M. Golden v. Davey L. Woodward, Jr., as Personal* *Representative of the Estate of Davey L. Woodward* - equitable lien/vendor lien *Thomas F. Mathen, Jr., v. State of Florida* - habitual felony offender *Daniel Jacobs v. State of Florida* - restitution *Charlie Burroughs v. State of Florida* - ineffective assistance of counsel *The Justice Administrative Commission v. Shalene Grover* - § 27.40(1); court appointed counsel
Second District Court of Appeal - Lakeland *Rodriguez v. FL Birth Related Neuro Injury Compens Assoc* - administrative law judge’s jurisdiction to address motion for clarification *State v. Gentry* - motion to suppress *Werdell v. State* - frivolous appeal *Austin v. Austin* - equitable distribution; alimony; attorney’s fees *Clayton v. State* - ineffective assistance of counsel; failure to move to disqualify judge *Perez v. Perez* - temporary support; imputation of income *Green Tree Srvcing v. McLeod* - waiver of right to arbitrate by participating in discovery *Hirst v. Segrest Farms* - directed verdict in negligence case		Third District Court of Appeal - Miami *Eastern Atlantic v. GSOMR* - real estate commission; offer of judgment *C of Sweetwater v. Alvarez* - § 111.065; attorney’s fees for police officer *Julmice v. State* - peremptory challenge *Pines Props v. Tralins -* statute of limitations; legal malpractice *Infante v. Vantage* - default judgment; stating cause of action *Marsh v. State* - Jimmy Rice Act *Arvelo v. Park Finance* - statute of limitations; deficiency claim
Fourth District Court of Appeal - West Palm Beach *Monroe v. State* - confession by testimony from minister; venue of crime and trial *Hickman v. Barclay’s Int’l Realty* - malicious prosecution; negligent swearing out of arrest warrant; summary judgment *Verges v. State* - scope of consent to search *Yeakle v. Yeakle* - dissolution of marriage; stipulated settlement; excessive awards *McLaughlin v. Debord* - paternity; premature appeal; child support; attorneys’ fees *Cinquegrana v. Rowley* - dismissal; litigation misconduct; lesser sanctions; express findings *Carter v. State* - violation of probation *Brickley v. State* - special jury instruction on constructive possession; circumstances justifying departure from standard *CS v. DCF* - dependency proceeding *Tomac of FL v. Gunns Quality Glass & Mirror* - rehearing; transfer of venue; contract payment terms; evidentiary burden		Fifth District Court of Appeal - Daytona Beach *Court v. Baker-Chaput* - Interstate Land Sales Full Disclosure Act, impossibility of performance within two years *McDonald v. State* - sentencing error, most lenient sentencing *Simmons v. Simmons* - dissolution, hearing on exceptions to magistrate’s report *Travel Exp v. AT&T* - forum selection clause, if unambiguous and exclusive is mandatory *Davis v. State* - 3.800 postconviction relief, youthful offender sentencing *Wright v. State* - postconviction relief, record must conclusively refute allegations *Smith v. State* - failure to address merits of habeas petition *BB v. DCF* - TPR, failure to meet case plan *Hartwell v. State* - postconviction relief; record must conclusive refute allegations; Spera

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