August 4, 2008 | 2005 | WAAG

August 4 - 8, 2008

A weekly hyperlinked summary of selected civil and criminal cases

Presented by the Appellate Practice Group at Carlton Fields

Latest Florida Appellate News The Governor will soon have the opportunity to appoint four justices to the Florida Supreme Court. Read about it here.		Latest CF Appellate News John Blue was an instrumental member of the Carlton Fields team that obtained compensation for Alan Crotzer, a 45 year old man who served 24 years, 6 months, and 13 days of a 130-year sentence for a crime that he did not commit. On April 10, 2008, Governor Crist signed the claims bill which compensates Mr. Crotzer in the amount of $1.25 million, the equivalent of $50,000 for each year he was wrongfully incarcerated, and waives community college tuition on his behalf up to 120 hours. Sylvia Walbolt's longstanding commitment to pro bono work is featured in an article entitled "Low Bono: Are Florida attorneys paying less attention to the poor?" in the May 2008 issue of Florida Trend magazine.
Florida Supreme Court - Tallahassee No opinions this week.		First District Court of Appeal - Tallahassee *Dyess v. State* - motion to suppress; probable cause to search residence *Palm Beach County School District & F. A. Richard & Associates v. Ferrer* - prevailing party; costs; JCC proceedings *Verizon Business Network Services v. Department Of Corrections & Securus Technologies* - award of public contract; procedural due process; conflict of interest *Ford v. State* - reversal of summary denial of postconviction relief *Anderson v. State* - ineffective assistance of counsel; sentencing *Morton v. State* - constitutionality of felony hazing law; erroneous jury instruction *Williams v. State* - carjacking; control of vehicle *Diamond "S" Development v. Mercantile Bank* - unjust enrichment; no claim when express contract exists *Tierra Holdings v. Mercantile Bank* - unjust enrichment; no claim when express contract exists *Shannon v. State* - postconviction relief *Yang Enterprises v. Georgalis* - disqualification of attorneys; conflict of interest; former clients; attorneys’ fees for frivolous claim *White v. Inglis, Florida* - validity of ordinance; ten-day notice requirement
Second District Court of Appeal - Lakeland *Learn v. The Financial Well* - enforcement of default provision of Mediation Settlement Agreement *Nunez v. State* - ineffective assistance of counsel for failing to move to suppress evidence and failing to move for mistrial *Bloco v. Porterfield Oil Company* - attorney's fees; law of the case *Benjamin v. Fore* - entry of final judgment during pendency of nonfinal appeal *Pettit v. State* - motion to correct illegal sentence after sentence has been served *Fisher v. State* - double jeopardy *Koch v. Koch* - modification of final dissolution of marriage without appropriate pleading *United Vacation Network v. Tahiri* - motion to compel arbitration		Third District Court of Appeal - Miami *Rodriguez v. Rodriguez* - distribution of marital assets; retroactive child support *Branch v. State* - habeas corpus; jurisdiction *Yorty v. Abreu* - tax collector motions to intervene and for relief from judgment *N.S. v. State* - hearsay evidence harmless *Ridel v. State* - ineffective assistance of trial counsel *State v. De Armas* - involuntary plea; immigration consequences *Walker v. State* - ineffective assistance of appellate counsel *Williams v. State* - habitual violent felony offender sentencing; "other commitment" *Charles v. Fl. Foreclosure* - reversing dismissal; cause of action stated in home title fraud case *Prieto v. State* - show cause order; pro se successive appeals *Cargill v. State* - untimely post conviction motion *Stelzer v. Chin* - prohibition granted; motion to disqualify *Jacobs v. State* - split sentence, credit time served
Fourth District Court of Appeal - West Palm Beach *Warthen v. State* - misdemeanor and felony battery; double jeopardy *Barber v. State* - civil commitment; Jimmy Ryce Act *State v. Varnum* - related offenses; mandatory joinder *Bridgestone/Firestone Tire v. Garcia, TRW Vehicle Safety Systems. v. Santiso, Ford Motor v. Garcia, and Bridgestone/Firestone Tire v. Papandopoles* - forum non conveniens *Sage v. State* - restitution; valuation *JAC v. King* - court-appointed attorney fees; stacking *Dream Closet v. Palm Beach Mall* - eviction; payment in court registry *Geico v. Lopez* - enforceability of settlement agreement *Cordis Corp v. O’Shea* - disclosure of confidential discovery materials to non-parties *Andrew v. State* - drug offender probation *DOHS v. Sarmiento* - certiorari review of administrative decision *Gorham v. State* - prison releasee reoffender sentencing		Fifth District Court of Appeal - Daytona Beach *Hall v. Am Heritage* - ambiguities; insurance application *Fields v. State* - self-defense instruction *State v. Modeste* - Miranda warnings *Johnson v. State* - sentencing *Weightman v. State* - aggravated stalking *Mucha v. Atlas* - dismissal; four corners rule *Anaya v. Anaya* - preservation of error in dissolution cases *State v. Aguilar* - nolle prosequi; effect on jurisdiction *Richie v. State* - sexual predator cases; appointment of expert *Neel v. State* - sentencing; plea agreements *Oats v. State* - rule 3.850 procedures *Cabrera v. State* - sentencing; sexual predator designation

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