Carlton Fields - December 3, 2007

December 3 - 7, 2007

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 Miami Shareholder Wendy Lumish recently secured the reversal of a $60 million dollar judgment against Ford Motor Company. Click here to view the Third DCA opinion. Wendy Lumish and Sylvia Walbolt were named as two of the top 50 women lawyers in the Florida Super Lawyer's 2007. In addition, Wendy Lumish, Paul Nettleton, Sylvia Walbolt and Tom Warner were named among the best appellate lawyers. Sylvia Walbolt and Joe Lang co-authored an article entitled "Off The Record" for the November 2007 issue of Florida Bar Journal.
Florida Supreme Court - Tallahassee *Merck v. State* - appeal of death sentence *Marshall v. State* - Rule 3.850 motion		First District Court of Appeal - Tallahassee *Clark v. State* - improper exclusion of expert testimony *Fla. State Oriental Med. Ass’n v. Slepin* - attorney’s fees; authority of attorney to represent corporation *C.D. v. Dep’t of Children & Families* - judicial review permanency hearing and termination of supervision *Clay County, Fla. v. Kendale Land Dev.* - concurrency reservation certificate; certiorari review
Second District Court of Appeal - Lakeland *Orona v. State* - sentencing; fines *Willis v. State* - double jeopardy *F.B. v. State* - preservation of error *Pressly v. Tadlock* - habeas corpus; illegal sentence *Foxfire Owners v. Foxfire Properties* - certiorari; objections to magistrate's recommended order *Hasley v. Harrell* - injunction; noncompetition agreements *Sullivan v. State* - closing argument *State v. Heckman* - immunity under "Standard Your Ground" law *AMICA v. Drummond* - insurance; med pay benefits; examination under oath *Behanna v. State* - exclusion of evidence supporting defense theory *Reilly v. State* - certiorari; competency to proceed; stale report		Third District Court of Appeal - Miami *Guadagno v. Lifemark* - causation, comparative negligence *Perez v. State* - motion to suppress *Progressive v. Menendez* - summary judgment, presuit notice *F.C. v. State* - motion to suppress; jurisdiction *Duarte v. RMC* - notice of appeal defect *Nrd v. Velazquez* - temporary injunction, modification *L.I. v. DCFS* - termination of parental rights *Drayton v. State* - credit time served *Illanes v. Gutierrez* - modification of parental visitation; notice
Fourth District Court of Appeal - West Palm Beach *State v. Green* - downward departure in sentence; proof required of inability to provide special treatment *Gorham v. State* - double jeopardy *Coniglio v. Coniglio* - alimony calculations *State v. Byrd* - habitual traffic offender status; proof required *Migdal v. State* - sentencing procedures *Taylor v. State* - separation of powers; constitutionality of statute adopting new procedural rule *Smith v. Shelton* - summary judgment; contract interpretation; ambiguity *BDO Seidman, LLP v. Bee* - partnership agreement; arbitration; reliance on agreement to file claim; signature; unconscionably under NY law *Graham v. DCF* - indirect criminal contempt; personal service of order to show cause; health care directives; mental capacity determination *Phillips v. State* - disqualification of trial judge; campaign donation by spouse of judge; remoteness		Fifth District Court of Appeal - Daytona Beach *Adams v. Cook* - dissolution of marriage; equitable distribution *Jackson v. Morillo* - medical malpractice; pre-suit investigation, naming defendant *Stuckey v. State* - robbery; conviction of multiple lesser included offenses *Savino v. State* - admission of statements on videotape without objection *Eslinger v. Martinez* - forfeiture; probable cause *City of Palm Bay v. Palm Bay Greens* - prohibition petition to dismiss untimely certiorari petition in circuit court

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