Carlton Fields - December 10, 2007

December 10 - 14, 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 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 will receive the 2008 Tobias Simon Award from the Chief Justice of the Supreme Court of Florida at an award ceremony on January 31, 2008. 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.
Florida Supreme Court - Tallahassee *Downs v. State* - successive motion for post-conviction relief *Blake v. State* - appeal of first-degree murder conviction and death sentence *Fla. Bar v. Bloom* - professional misconduct and disbarment		First District Court of Appeal - Tallahassee *Thomas v. State* - jury instructions; resisting arrest *Puzio v. State* - speedy trial *Hooten v. AAA Cooper Transportation* - worker’s compensation; attorney’s fees *Foster v. State* - drug possession
Second District Court of Appeal - Lakeland *Vann v. State* - habitual felony offender sentence *Simpson v. State* - motion to suppress *State v. Borrego* - disclosure of identity of confidential informant *Kramer v. State* - sentencing by different judge *Gallogly v. Rodriguez* - intentional infliction of emotional distress *State v. Pruitt* - state's preservation of argument that prima facie case proven *J.W.T. v. S.T.* - dismissal of petition to establish paternity *Mitchell v. State* - motion to suppress *Winans v. Weber, M.D.* - third-party beneficiary; equitable estoppel *S.A.S. v. State* - evidence of value to prove theft *N.L.E. v. Department of Children & Family Services* - medical neglect *Reaves v. State* - postconviction relief		Third District Court of Appeal - Miami *Peacock v. Peacock* - statutory findings; custody; child's best interest *Benites v. Almeida* - exhaustion of PIP benefits, setoff *Gurfinkel v. Marmor* - durable power of attorney; right to amend trust *Bell v. Dept. Of Revenue* - appeal of matters not properly under review *Isaac v. State* - probation violation; credit time served *Carollo v. Carollo* - constructive trust; retirement fund as marital asset *Dept. Of Highway v. Llamas* - award of attorney's fees; lack of basis *V.L. v. State* - discovery violation; exclusion of evidence; harmless error analysis *Jabri v. U Save* - effect of voluntary dismissal on jurisdiction *Bechina v. Enterprise Leasing* - graves Amendment; preemption *Duran v. Lapin* - order striking pleadings for fraud
Fourth District Court of Appeal - West Palm Beach *Blackburn v. Bartsocas* - unjust enrichment *Real Investments, LLC v. The Oaks Group, Inc.* - breach of contract; issues of fact precluding summary judgment *McWhorter v. State* - jury instruction; self-defense *State v. Buttolph* - breath testing reports; testimonial evidence *Riley v. State* - postconviction relief; sentencing *Lewis v. Weaver* - pure bill of discovery *Bartlett v. State* - postconviction relief; suppression issues *Open MRI of Okeechobee, LLC v. Aldana* - motion for arbitration; stay *Vasquez v. McDonough* - postconviction relief; suppression issues *Severance v. State* - en banc; jury instruction on aggravated battery with a deadly weapon		Fifth District Court of Appeal - Daytona Beach *Nero v. Continental Country Club* - homeowner’s association claims *Orta v. State* - request for new appointed counsel *Salas v. State* - “and/or” alternatives in criminal jury instructions; duress instruction; scope of cross-examination; lack of remorse *Roberts v. State* - re-reading testimony to jury *Marra v. State* - lewd and lascivious conduct *Brooks v. State* - necessity of recantation statement by victim *State v. Cook* - search and seizure; pornography *Rabedeau v. State* - sentencing; certified conflict *M.M. v. State* - contempt; behavior orders *Carter v. State* - credit for time served

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