Carlton Fields - April 7, 2008

April 7 - 11, 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 *Connor v. State of Florida – Revised Opinion* - capital case; ineffective assistance; confrontation clause *Garzon v. State of Florida* - use of “and/or” in criminal jury instructions *Griffin v. State of Florida* - retroactive assessment of costs under § 939.185		First District Court of Appeal - Tallahassee *Graham v. State* - life imprisonment sentence for juveniles *Grainger v. Wald* - improper directed verdict on permanency of injuries *Nobles v. State* - exclusion of evidence on theory of defense *Woolbright v. State* - postconviction relief; facially sufficient claims *Hurry v. State* - reclassification of aggravated battery *Ferrell Gas And Gallagher Bassett Services v. Childers* - worker’s compensation; permanent disability benefits *W. Frank Wells Nursing Home v. State* - class III deficiency citation; formal hearing; sufficient injury *Auto-Owners Ins. Co. v. Young* - summary judgment; uninsured motorist benefits; non-liability
Second District Court of Appeal - Lakeland *Wolf v. Wolf* - equitable distribution of marital assets *Johnson v. State* - postconviction motion to receive additional jail credit *Pilieci v. State* - probable cause to issue warrant *Trespalacios v. Trespalacios* - temporary alimony, attorney's fees, and use of marital home *Grant v State* - consent to search home *Woodward v. Smith* - challenge to personal representative's satisfaction of encumbrance		Third District Court of Appeal - Miami *Dawson v. State* - double jeopardy *Young v. State* - excited utterance hearsay exception *Peraza v. Robles* - enforcement of insurance settlement *State v. Lebron* - motion to suppress; Miranda warnings *Baptiste-Jean v. State* - application of carjacking statute *Rolle v. Rolle* - bridge-the-gap and permanent alimony *Albertie v. State* - crime "victim" for purposes of restitution *De La Rosa v. State* - post conviction relief denied; remanded for correction of sentencing errors *Miami-Dade v. Deerwood* - landowner liability to county for tree-caused sidewalk damage *Najiy v. City Of Miami* - police officers allege discriminatory employment practices; applicability of state and federal law *Karten v. Karten* - automatic termination of child support *O.R. & M.L. v. DCFS* - unauthorized default judgment mid-trial in dependency matter for parents' failure to appear *Cueto v. State* - burglary issue "open to the public" *Building Education v. Ocean Bank* - fiduciary duty; bank's purchase of property at foreclosure sale *Greenwich v. Greenwich* - void/ voidable judgment; amended complaint; fraud *D.B. v. State* - adjudication of delinquency; juvenile's right to present first and rebuttal closing *Rolle v. Birken* - trial judge disqualification; ex parte communication *Dante v. Ryan* - mandamus to compel Dept. of Corrections to supply dental care; failure to exhaust administrative remedies *Luckner v. State* - petition for DNA testing
Fourth District Court of Appeal - West Palm Beach *Walls v. State* - hearsay; business record *Brillinger v. City of Lake Worth* - Fla. Stat. § 934.03(1); interception of 911 call *Bethesda Memorial Hosp. v. Laska* - vacating clerk’s default; standard of review *Boland v. FDCF* - denial of disability benefits under SSI-related MEDS program *Christian Romany Church Ministries, Inc. v. Broward County* - eminent domain; Florida Religious Freedom Restoration Act *Shasho v. Euro Motor Sport, Inc.* - defamation; consent to non-jury trial; jury trial demand		Fifth District Court of Appeal - Daytona Beach Thompson v. State - double jeopardy Luckey v. State - post-conviction relief; amendments; mental competence Calahan v. Calahan - magistrate findings on child support, alimony; sufficiency of findings Johnson v. Johnson - marital property Texas Auto Mart v. Thrifty - venue selection clause Haines v. DCF - revocation of foster care license; agency’s ability to overrule ALJ findings Meshell v. State - sexual battery; double jeopardy; certified question of great public importance Ramos v. State - amendment of post-conviction relief motion Hicks v. State - ineffective assistance of collateral counsel

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