February 4, 2008 | 2005 | WAAG

February 4 - 8, 2008

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 Tallahassee shareholder Marti Chumbler and associate Christine Davis won an appeal in a case where the firm represented the Bay County Superintendent. In McCalister v. School Bd. of Bay County, the First District sets forth important distinctions between the rights and obligations of district school boards and school superintendents and the application of the good cause required to overturn a superintendent recommendation under Florida law. Carlton Fields represented Superintendent McCalister. The firm also assisted the Florida Association of District School Superintendents in their amicus brief. 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.
Florida Supreme Court - Tallahassee *Derrick v. Fla.* - motion for postconviction relief and petition for writ of habeas corpus *Barco v. Sch. Bd. of Pinellas County* - time period for serving motion for attorney’s fees and costs under 2004 version of Rule 1.525		First District Court of Appeal - Tallahassee *Waldo v. State* - suppression of evidence *Egwuatu v. South Lubes* - class certification *Wal-Mart v. Thompson* - worker’s comp; permanent total disability
Second District Court of Appeal - Lakeland *Woebse v. Health Care & Ret. Corp* - nursing home arbitration; procedural and substantive unconscionability *Southstar Equity v. Chau* - undisclosed witness; punitive damages for misrepresentation *Lopez v. Ernie Haire Ford* - arbitration; procedural unconscionability *Hampton v. State* - competency to stand trial *Hill v. State* - trespass; fingerprint evidence *Weiss v. Weiss* - domestication of foreign divorce decree		Third District Court of Appeal - Miami *Pride v. State* - sentencing error; Ryce Act applicability *Perez v. United Fitness* - motion for new trial *City Of C.G. v. Memorial Lodge* - unfair labor practices; grievance; pension *Daniels v. State* - motion to withdraw plea *Hammer v. Phillips* - construction claim; damages, setoff *B.W. v. State* - trespass; structure, curtilage *R.B. v. State* - reasonable suspicion; school search *Sperling v. U.S. Of America* - surplus foreclosure sale proceeds *State v. Scanes* - downward departure sentence; court offer *Mackendree v. Gallinar* - summary judgment; purchase agreement *Lindsey v. State* - ineffective assistance of counsel; speedy trial *Rizov v. State* - board of Engineers; application to take exam *State v. Seitz* - motion to depose prosecutor; bias *B.J. v. DCFS* - child custody modification order *Veloz v. State* - credit time served *Barcelona v. State* - motion to mitigate sentence; timeliness
Fourth District Court of Appeal - West Palm Beach *Novak v. State* - jury instruction on self-defense; fundamental error *Dep’t of Revenue v. Nesbitt* - delinquent trial support; authority to lift passport restrictions *McGhee v. Biggs* - jurisdiction to modify foreign custody judgment *Carone v. State* - postconviction relief; special condition of probation *A.A. v. Dep’t of Children & Families* - surrender of parental rights *L.S. v. State* - delinquency; restitution *Burns v. State* - postconviction relief *Ajuste v. State* - postconviction relief *Martinez v. State* - postconviction relief; collateral estoppel		Fifth District Court of Appeal - Daytona Beach *Sheppard v. State* - violation of condition of pretrial release *Romain v. State* - double jeopardy *Berube v. State* - vehicular homicide; recklessness *McCauslin v. O’Conner* - juror misconduct; nondisclosure of information *Simmons v. State* - restitution *Hering v. State* - postconviction relief; communication of favorable plea offer

Questions or comments about this page?

CLASSIFIED: Carlton Fields' Class Action Blog