December 17, 2007 | 2005 | WAAG

December 17 - 21, 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 *U.S. Fire Ins. Co. v. J.S.U.B., Inc.* - whether subcontractor’s defective work can constitute “property damage” caused by an “occurrence” as defined in CGL policy *Auto-Owners Ins. Co. v. Pozzi Window Co.* - whether subcontractor’s defective work constitutes “property damage” under CGL policy *Chames v. Demayo* - whether homestead exemption can be waived in an unsecured agreement		First District Court of Appeal - Tallahassee *Hayes v. Chase Manhattan Bank* - class action membership; res judicata *City of Jacksonville v. Cowen* - right to arbitrate *First Professionals Ins. Co. v. Barbara Mckinney, Md* - interpretation of insurance policy *Eckhardt v. 424 Hintze Mgmt.* - attorney’s fees; calculation of lodestar figure; application of contingency risk multiplier *Jackson v. Fla. Parole Comm’n* - conditional release *State v. Travis* - Certiorari; paternity testing; voluntary acknowledgement of paternity *Andrew v. Shands at Lake Shore* - sovereign immunity *Hale v. Dep’t of Revenue* - attorney’s fees *Tiger Point v. Hipple* - punitive damages
Second District Court of Appeal - Lakeland *Florida Health Sciences Center v. Division of Administrative Hearings* - notice to patient of NICA participation *Rogers v. State* - successive postconviction motion *Langello v. State* - probable cause for traffic stop *Johnson v. Precision Motorcars* - cost guidelines *Graham v. State* - miranda warnings *Margarejo v. State* - miranda warnings *Gould v. State* - probable cause to support arrest *Ostman v. Ostman* - alimony *Garrell v. State* - forcible felony exception to self-defense *Gottlieb v. Alps South Corp* - consequential damages; limitation of liability *Hargrove v. State* - habitual felony offender *Walker v. State* - proof of prior convictions during sentencing *Bixler v. State* - habeus corpus; postconviction relief		Third District Court of Appeal - Miami *Leff v. Ecker* - enforcement of settlement; mediation *Hart v. Zemmour* - compel arbitration; arbitrable issues *Nekkhaila v. DCFS* - repayment of medicaid overpayment *Plaza v. Fisher* - summary judgment; strict liability; product/ structural improvement *Geico v. Berner* - PIP, UM, third-party tortfeasor *Valderrama v. Portfolio* - summary judgment; conclusory affidavit *Cross v. Braman* - arbitration agreement; excluded issues *Saltponds v. McCoy* - statute of limitations; construction defect *State v. Alzate* - motion to disqualify judge for bias against crime victim *Miami Herald v. Sarnoff* - public disclosure of commissioner's written memorandum
Fourth District Court of Appeal - West Palm Beach *Phillips v. State* - jury instruction; fundamental error *Ventimiglia v. TGI Fridays, Inc.* - negligent mode of operation; improper comment; hearsay *Ikalina v. The City of Pembroke Pines* - arbitration; authority *SPS Dev Co, LLC v. DS Enters of the Palm Beaches, Inc.* - sanction of dismissal with prejudice; findings of sanctionable conduct *Campbell v. State* - jury sequestration *State v. Fraser* - evidentiary support for postconviction motion *Ingram v. State* - sentencing by successor judge *Straub v. Lehtinen, Vargas & Riedi, P.A.* - false light invasion of privacy *Roe v. Grand Jury* - repression of grand jury presentment *D.O. v. S.M.* - termination of parental rights		Fifth District Court of Appeal - Daytona Beach *James v. State* - ineffective assistance; failure to request lesser included offense on verdict *Dianderas v. Fla Birth Related Neuro.* - sufficiency of NICA brochure *Garity v. State* - probation revocation *Greene v. State* - Jimmy Ryce Act; certified question *Geico General Ins. v. Florida Emergency Physicians* - PIP; second-tier review *Cliatt v. State* - sentencing *Storm v. Decker* - continuance; diligence shown on rehearing motion *State v. Gardner* - alleged violation of plea agreement *The Steritech Group v. MacKenzie* - arbitration of tort claims based on contract *Legal Experts v. Tryzbiak* - due process; time to prepare for hearing

Questions or comments about this page?

CLASSIFIED: Carlton Fields' Class Action Blog