Carlton Fields - March 17, 2008

March 17 - 21, 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 will receive 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 *Israel v. Fla.* - Rule 3.851 motion and petition for writ of habeas corpus *Bevel v. Fla.* - appeal of first-degree murder convictions and death sentences *Mora v .McNeil* - sanction of pro se litigant for abuse of judicial process *Phillips v. Fla.* - successive Rule 3.851 motion on determination of mental retardation *The Fla. Bar v. Thompson* - sanction of attorney for abuse of judicial process *Frosti v. Creel* - whether motion for attorneys fees and costs pursuant to Fla.’s offer of judgment statute should be denied because underlying proposal for settlement was filed in trial court before judgment was entered		First District Court of Appeal - Tallahassee *Swagerty v. State* - search and seizure *McClendon v. State* - ineffective assistance of counsel *Reyes v. State* - admission of evidence *Haddad v. State* - vacation of plea *Kelly v. Colston* - effect of magistrate judge’s ruling in custody case *P.Y. v. State* - juvenile delinquency; sufficiency of fact findings *Sueltr v. State* - untimely appeal; rendition *Mcconnaughhay, Duffy, Coonrod, Pope & Weaver, P.A.. v. Lutheran Serv. of Fla.* - standing to seek disqualification of judge
Second District Court of Appeal - Lakeland *Garcia v. State* - sexual battery; lesser included offense *Deutsch v. Global Fin. Servs.* - tax deed; notice; summary judgment *Hepfer v. State* - use of a firearm in commission of felony *DML v. State* - self-defense; relevance; impeachment of rebuttal witness *Horton v. State* - concurrent sentences *Colbert v. State* - postconviction; opportunity to cure deficient motion		Third District Court of Appeal - Miami *Perez v. State* - display of photo as functional equivalent of interrogation; admissibility of cell phone records *WRJ Development v. North Ring Limited* - fraudulent transfer; failure to pay documentary stamp tax *Prog. Express Ins. v. Menendez & Menendez* - PIP, "denial" of claim, presuit notice *Progressive Ins. v. Menendez* - fee judgment reversed following reversal of summary judgment *State v. Triana* - consensual encounter, constructive entry *State v. Glenn* - downward departure without reasons *Miami-Dade County v. Coral Bay* - refusal to set aside default judgment was abuse of discretion *B.M., A Juv. v. Dobuler* - secure detention of juvenile pending disposition; habeas
Fourth District Court of Appeal - West Palm Beach *Mulligan v. City of Hollywood, Florida* - impoundment ordinance; due process; separation of powers *Liggett Group v. Davis* - fee award pursuant to proposal for settlement *Kane v. State* - sexual battery; Williams rule evidence *Pickles v. State* - competency examination *Nical of Palm Beach v. Lewis* - indirect civil contempt *Starlines Int’l v. Union Planters Bank* - “dragnet clauses” in security instruments *Farmer v. State* - jury instruction; fundamental error *Doughty v. State* - private conveyance exception; concealed weapons *Fox v. City of Pompano Beach* - Whistle-blower Act *Manzini & Assocs v. Broward Sheriff’s Office* - discharge prior to contingency *Kirk v. TJ Palm Beach Assocs Ltd P’ship* - comparative negligence *Edwards v. State* - motion to disqualify *Patterson v. Consumer Debt Mgmt. & Educ* - liability under Florida Civil Rights Act of 1992 *M.A. Hajianpour, M.D., P.A. v. Khosrow Maleki, P.A.* - prevailing party attorneys’ fees *Betterman v. Kukelhan* - hearing on motion to dissolve injunction *Donoff v. Donoff* - alimony *Grontkowski v. State* - newly discovered evidence		Fifth District Court of Appeal - Daytona Beach *Rawlings v. State* - necessity of proffer to preserve error *Mormon v. State* - violation of probation *State v. Clyatt* - battery; proving lack of consent by circumstantial evidence *Pineiro v. State* - ineffective assistance of appellate counsel; belated appeals *Clarke v. State* - hearsay *Allen v. State* - sentencing *Counts v. State* - belated appeals *Bunch v. State* - sentencing; habitual felony offender

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