August 11, 2008 | 2005 | WAAG

August 11 - 15, 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 *City of Crestview v. Richards* - worker’s comp; causal link *Feizi v Dept. of Mgmt. Serv.* - summary judgment; disputed issues *Altee v Duval County Sch. Bd.* - review of non-final agency action; due process violation
Second District Court of Appeal - Lakeland Kelly v. State - double jeopardy; driving under influence with serious bodily injury Martin v. State - continued interrogation after right to remain silent invoked Muniz v. State - Richardson inquiry on discovery violation Carey-All Transport v. Newby - validity of proposal for settlement under Rule 1.442(c)(3) *First Specialty Ins v. Caliber One Indem* - coverage for punitive damages, attorney’s fees *Hill v. State* - community control time calculations *Alcantar v. State* - hearsay, character evidence *JCJ v. DCF*- termination of parental rights		Third District Court of Appeal - Miami *Velez v. State* - defendant's presence at 3.800 resentencing *Lacalle v. Barquin* - petition to establish lost or destroyed will *Coney v. State* - unauthorized pro se filings *Garcia v. Dbpr* - equitable tolling; revocation of real estate license *J.C. v. State* - grounds for investigatory stop in public restroom *Bannister v. State* - belated appeal of motion to correct sentence *Morales v. State* - motion to vacate plea; deportation consequences *J.C. v. State* - concluding closing argument; juvenile rules *Dumenigo v. State* - motion to vacate plea; deportation consequences *Orozco v. State* - motion to vacate plea; deportation consequences *Lacarrere v. Reilly* - immediate temporary child support nonfinal; unauthorized post-trial motions do not toll time to appeal
Fourth District Court of Appeal - West Palm Beach *Derosa v. Tunnel* - sex offender registration *Buckingham, Doolittle & Burroughs v. Kar Kare* - personal jurisdiction; foreign corporation; substantial business activity *Cleveland Clinic Florida Hospital v. Lamkin* - common law and contractual indemnity; construction *Ochacher v. State* - DUI; suspended license; probative value; prejudice; harmless error		Fifth District Court of Appeal - Daytona Beach *Denhart v. State* - rehearing; promoting a sexual performance; sexual predators *Fuzzell v. EI DuPont* - failure to prosecute; proper rule *Adams v. State* - concealed firearms *Sacks v. Sacks* - dissolution; continuance of custody hearing *Gencor Indus v. Fireman’s Fund* - insurer’s prejudgment interest; attorney’s fees after bankruptcy *Syverud v. State* - corpus delicti rule *Kelley v. Kelley* - dissolution; child support and distribution *HB v. DCF* - dependency *Nelson v. State* - PRR designation

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