Florida Cases | Week-at-a-Glance | November 16

November 16 - 20, 2009

A weekly hyperlinked summary of selected civil and criminal cases

Presented by the Appellate Practice Group at Carlton Fields

Latest Florida Appellate News On October 28, the Third District Court of Appeal affirmed two orders regarding the interpretation of Florida's Slayer Statute. Sylvia Walbolt, Marsha Madorsky, and Stephanie Zimmerman represented the appellee whose property was the subject of the orders on appeal. The appellate court agreed with our client's position that Florida law does not call for the forfeiture of all of a wrongdoer's property. See LoCascio v. Sharpe, Case Nos. 3D08-1711 & 3D09-118 (October 28, 2009).		Latest CF Appellate News Appellate and Trial Support Practice Group member, *John R. Blue, was quoted in the November 7, 2009 New York Times* article “Weighing Life in Prison for Youths Who Didn’t Kill.”**
Florida Supreme Court - Tallahassee Orme v. State - capital penalty-phase issues In Re Amendments to the Rules Regulating Fla Bar 4-7.6 Computer Accessed Commc’ns (Revised Opinion) - subjects attorneys’ electronic advertising to rule 4-7.2 In Re Amendments to the Rules Regulating Fla Bar - amendment of several rules regulating the Bar In Re Amendments to Fla R Crim Pro - various amendments to the rules of criminal procedure		First District Court of Appeal - Tallahassee Brown v. McNeil - habeas relief; frivolous appeals, pro se sanctions Bailey v. State - Miranda Coastal Community Bank v. Jones and Gill - contractual attorney’s fees Moger v. Fl Parole Comm'n - extraordinary relief, suspension of parole release date Chemrock Corp v. Tampa Electric Co - lack of prosecution, filings during grace period Bruner v. Hartsfield - constitutionality of section 4, Article VII (Save our Homes & homestead exemption portability) Deluccio v. Havill - Bruner, supra, for non-residents; remanded for merits consideration consistent with Bruner Jackson v. DEP - agency action; competent, substantial evidence Muse v. State - plea withdrawal Carmack v. State - court’s independent legal research; worker’s compensation, employer’s right to choose provider Massie v. Progressive Express Ins Co - PIP, attorney’s fee multiplier RAV v. State - juvenile, assessment of costs Palmer v. State - jail credit Carter v. State - withdrawal of plea, conflict of interest with attorney Paden v. State - ineffective assistance of appellate counsel, competency West v. State - postconviction relief, jail credit Cordero v. UAC - appeal, 30-day time Hunter v. State - pro se, belated appeal Perkins v. State - pro se, belated appeal
Second District Court of Appeal - Lakeland Roth v. Bank of America - foreclosure summary judgment Wynperle v. State - probation revocation Bowers v. State - illegal stop; fellow officer rule Brooks v. State - possession of burglary tools State v. Goode - petition for civil commitment; res judicata Lowery v. State - plea agreement DOR v. Catalina Mktg Group (substituted opinion) - notice of tax deficiency under section 220.711 Swor v. Swor (substituted opinion) - child-custody modification Murphy v. State - search and seizure in light of Arizona v. Gant,129 S. Ct. 1710 (2009) Fisher v. State - expungement and sealing of criminal records		Third District Court of Appeal - Miami Lena v. State - postconviction relief Diaz v. State - section 120.57 administrative hearings Catalan v. State - probation revocation Hall v. Pro Access, Inc - personal jurisdiction; long-arm statute Coastal Bldg Maint, Inc v. Priegues - non-appealability of summary judgment denial Miami-Dade County v. Transp Workers' Union of Am - labor-dispute resolution under section 447.403
Fourth District Court of Appeal - West Palm Beach Pierre v. State - right to remain silent Lewis v. State - Richardson hearing; jury instructions Palm Beach Polo Holding v. Equestrian Club Estates Property Owners Ass'n - offers of judgment; non-damages claims SW v. State - delinquency; recommended disposition Smith v. State - search incident to arrest JG & RG v. DCF - termination of parental rights State v. Abbey - search warrant; probable cause Watson v. Summit Asset Mgmnt & UAC - unemployment; discharge for misconduct TO & ER v. DCF - termination of parental rights Rosado v. State - postconviction relief Quality Holdings of Fl v. Selective Investments, IV - disbursement; inadequate record Central Magnetic Imaging Open MRI of Plantation v. State Farm Ins Co - IME; PIP statute Carswell v. State - postconviction relief Dr Navarro's Vein Centre of the Palm Beach v. Miller - med mal; presuit requirements Robeson v. H. Keith Melton - stay pending federal action Alliant Ins Serv v. Reimer Ins Group - discovery production; in camera review		Fifth District Court of Appeal - Daytona Beach Three Keys Ltd. v. Kennedy Funding - contract interpretation; implied covenant of good faith; equitable relief, attorney’s fees Harper Mech v. Hunt Constr - unambiguous release Santiago v. State - postconviction relief

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