April 14, 2008 | 2005 | WAAG

April 14 - 18, 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 *In Re: Standard Jury Instructions In Criminal Cases – Report No. 2007-6* - new instruction on classification of “Dangerous Sexual Felony Offender” *In Re: Certification of The Need For Additional Judges* - certifying need for 19 new circuit court judges, 42 new county court judges for FY 2008-09; decertifying one judgeship for 3d DCA		First District Court of Appeal - Tallahassee *Lenoir v. Jones* - dismissal without notice *Alpha Eta Chapter of Pi Kappa Alpha Fraternity v. Univ. of Fla.* - fraternity suspension; sufficiency of fact findings *Cassedy v. Alland Investments Corp.* - summary judgment reversal *Watson v. State* - search and seizure
Second District Court of Appeal - Lakeland *Racoma, Jr., M.D. v. Hannans* - requirements for new trial *E.H. v. DCF* - imposition of supervised visitation on nonoffending parent *Adams v. State* - postconviction relief; waiver of counsel's assistance at hearing *Berube v. State* - authority to rule on postconviction motion *Lutheran Services Florida, Inc. v. McCoskey* - guardian's fees; injunction *First Protective Ins. Co. v. Featherston* - en banc; pleading requirement for costs *Nutt v. State* - restitution *C.B. v. State* - battery on law enforcement officer *Belden v. Tampa Westshore Associates Limited Partnership* - refund for overpayment of real estate taxes *L.S. v. Department of Children & Family Services* - termination of parental rights *Green v. State* - jail credit		Third District Court of Appeal - Miami *Garcia v. State* - ineffective assistance of counsel; advice to reject plea offer *Hill v. State* - jury instruction; imperfect self defense *Reynolds v. State* - constructive possession, conspiracy *Martinez v. Citizens Property* - coverage exclusions, "arising out of" *State v. Guzman* - suppression of statements during polygraph and custodial interrogation *Health Options v. Palmetto Path.* - HMO medically necessary services *Goldsmith v. Brockhouse* - time of the essence clause; effect of backup contract for real property *BDO V. Banco Espirito* - 45.045 bond cap constitutional
Fourth District Court of Appeal - West Palm Beach *Allwine v. State* - dealing in stolen property; grand theft *Progressive Auto Pro Ins Co v. One Stop Medical* - MRI reimbursements in PIP claims *Three Palms Associates v. U.S. #1 Fitness Centers* - novation; affirmative defense treated as counterclaim *Emerald Pointe Property Owners’ Association v. Commercial Construction Industries* - contract interpretation; ambiguous provisions *Martelus v. State* - Miranda warning *Antunez v. Whitefield* - trial after non-binding arbitration; attorneys’ fees *Pierre v. State* - error on judgment sheet *State v. Lanier* - motion to dismiss information *Ponce v. U-Haul Co. of Florida* - authority for settlement vs. negotiation *Sanon v. State* - testimonial statements; confrontation *Pines Learning Centre v. Shipman* - relinquish jurisdiction for order specifying reasons for new trial *State v. Hill* - suppression; defects in warrants *Olen Properties Corporation v. Moss* - standing; class certification *Garcia v. M & T Mortgage Corp* - foreclosure; distribution of surplus *Palmer v. State* - victim reputation evidence *Mineo v. Lakeside Village of Davie* - liquidated damages *Kruger v. Kruger* - modification of final judgment *Harris v. State* - confession; knowing and voluntary *Permenter v. State* - jury instruction; self-defense *Moniz v. Moniz* - retirement; modification of alimony and child support *Doe v. Palm Beach County Fall Term 2006 Grand Jury Presentment Part B* - expungement of grand jury presentment *E.I, v. Dep’t of Children & Families* - reunification; factual findings *Morrison v. State* - illegal sentence *Pena v. State* - plea; immigration consequences *Kivisto v. GMAC* - replevin; damages		Fifth District Court of Appeal - Daytona Beach *Thomas v. Lopez* - statute of limitations; delayed discovery *Granados v. Zehr* - fraud on the court *Gray v. Gray* - challenge to foreign divorce *Adams v. State* - sanction for abusive filings *Jackson v. State* - admission of partly audible audio *Lederer v. Orlando Utilities* - presuit notice of claim against sovereign *Franklin Pond v. Ricci* - contract formation *Carter v. Conde Nast* - sealing of court records *Evans v. State* - post-conviction relief; vindictive sentencing

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