The Florida Cases Week-at-a-GlanceDecember 14 - 18, 2009
Email this PagePrintWeek-At-A-Glance ArchivesA weekly hyperlinked summary of selected civil and criminal cases
Presented by the Appellate Practice Group at Carlton Fields

Latest Florida Appellate News

On November 20, 2009, the Fifth District Court of Appeal affirmed a summary judgment entered in favor of our client, the appellee.  Charles J. Cacciabeve, Jason A. Perkins, Sylvia H. Walbolt, Kelly Bittick, Jr., Cary Wright, and Christine Davis Graves represented the appellee, a construction joint venture.  The appellate court agreed that (i) the trial-court orders entered in favor of our client were interlocutory and non-appealable, and (ii) the opposing party, a subcontractor, had executed a sworn full-payment acknowledgement concerning the work that it had performed.   See Harper Mech., LLC, v. Hunt Constr. Group, Inc., Case No. 5D08-857 (Fla. 5th DCA Nov. 20, 2009).

 

On October 28, the Third District Court of Appeal affirmed two orders regarding the interpretation of Florida's Slayer Statute. Sylvia Walbolt, Marsha Madorsky, and Stephanie Zimmerman represented the appellee whose property was the subject of the orders on appeal. The appellate court agreed with our client's position that Florida law does not call for the forfeiture of all of a wrongdoer's property. See LoCascio v. Sharpe, Case Nos. 3D08-1711 & 3D09-118 (October 28, 2009).

   Latest CF Appellate News

Appellate Practice Group member Matthew J. Conigliaro authored an article titled “The Continuing Story of Certiorari” in the December 2009 issue of The Florida Bar Journal

 

Appellate Practice Group member John R. Blue was quoted in the November 7, 2009 New York Times article “Weighing Life in Prison for Youths Who Didn’t Kill.”


State v. Smith - death penalty
Advisory Opinion re Legislative District Boundaries - financial impact statement; constitutional amendment
State v. Smith - death penalty
CEL v. State - resisting officer without violence
Victorino v. State - corrected opinion; death penalty
In re Amendments to Fla R Crim Pro - corrected rule amendment opinion; pre-trial release; mental retardation; incompetence

Volusia Co Fire Serv and Co Risk Mgmnt v. Taaffe - workers' comp
Council for Secular Humansim v. McNeil - no aid provision, Fla. Const.
Cheeves v. State - probation revocation
Carney v. Sarasota Co Sheriff's Office - workers' comp
M&H Profit v. City of Panama City - Bert Harris Private Property Rights Protection Act

Worthington Communities v. Mejia - owner/general contractor duties; jury instructions
Bassett v. State - costs
Aikin v. WCI Communities - rescission of purchase contract; registration requirements
Burgos v. State - jury instruction lesser included offense
Peterson v. State - motive/bias evidence; jury instruction
Brown v. State - ineffective assistance of appellate counsel
Nadzo v. State - revocation of probation

Agrofollajes v. EI DuPont Nemours, Inc - consolidating cases (Fla. R. Civ. P. 1.270); foreign statute of limitations; prior-claim evidence; expert testimony; non-pled claims; consumer-expectation test
Hazuri v. State - jury transcript "readbacks"
Barlatier v. State - constructive possession (firearm)
Rothermel v. BXL Assocs - appealability of partial summary judgments
SAAD Homes, Inc v. Rivero - in rem venue
Nationwide Mut Fire Ins v. Garrity - insurance policy interpretation

Agatheas v. State - ineffective assistance of counsel
Willard v. State - sentencing; restitution
Sullivan v. Sullivan - dissolution of marriage; equalization
Regalado v. State - possession of firearm as grounds for Terry stop
Cooks v. State - grand theft; restitution
Blackmon v. State - incompetent to plea
Douze v. State - jail credit
Strax Rejuvenation & Aesthetics Institute v. Shield - timeliness of appeal; conclusiveness of clerk’s date stamp

Houser v. County of Volusia - dismissal as sanction for dilatory behavior
McKinney v. State - double jeopardy
Brown v. State - search and seizure
LaValley v. State - preemptory challenges, permissible number; Williams rule evidence, prior molestation
Burbage v. Burbage - contempt of court, ability to purge
F.L.C. v. G.C. & N.C. - termination of parental rights
Eppinger v. Sealy - arbitrable issue, nexus to contract
Associated Receivables v. Moecker - jurisdiction, due process rights
Citizens Property Insurance Corporation v. Garfinkel - sovereign immunity, bad faith
Perni v. State - postconviction relief
Peterson v. State - non-final order, postconviction relief



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