February 11, 2008 | 2005 | WAAG

February 11 - 15, 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 *Doorbal v. Fla.* - Rule 3.851 motion and petition for writ of habeas corpus *Bowles v. Fla.* - Rule 3.851 motion and petition for writ of habeas corpus *Carter v. Fla.* - appeal of murder convictions and death sentences		First District Court of Appeal - Tallahassee *Hollingsworth v. State O* - robbery; deadly weapon; sufficiency of the evidence *Bill Salter Advertising v. Dept. Of Transp* - sign permit; non-conforming sign *Rawls v. Leon County, Florida* - eminent domain
Second District Court of Appeal - Lakeland *Plourde v. State* - sentencing *State v. Ballinger* - reasonable suspicion *Kasm, Jr. v. Lynnel* - temporary attorney's fees; continuing jurisdiction *Schlagel v. Schlagel* - imputation of income; periodic alimony *Arnsperger v. Arnsperger* - marital settlement agreement; attorney's fees *Morales v. State* - motion to withdraw plea *Harris v. State* - belated motion for postconviction relief *Butler v. State* - amendment to sentence made by nonjudicial government employee *American Home Assurance v. Vreeland* - overbroad discovery order; discovery of claims file during coverage dispute *Watts v. State* - criminal fines and costs *Schrieber v. State* - testimony that defendant was on probation at time of crime; doctrine of completeness; credibility *RBC Ministries v. Tompkins* - will procured by undue influence *Murphy v. YMCA* - exculpatory clause; summary judgment *Duck Dog v. Brownstar Properties* - sales contract; meeting of the minds; refusal to close *State v. Suazo* - criminal motion to dismiss		Third District Court of Appeal - Miami *Jimenez v. State* - excusable homicide instruction *Andrews v. Barton* - boundary dispute; admissibility of property appraiser's map *Prudent v. State* - felony murder instruction *Garcia v. State* - aggravated battery; admissibility of prior threat *Aon v. Quintec* - coverage *Shojaie v. Gables Court* - inadequate record on appeal *Ben-David v. Educational Resources* - jurisdictional amount *Hirsch v. Hirsch* - alimony and child support gross income *Rincon v. State* - scrivener's error, sentencing *Benitez v. Benitez* - marital settlement agreement; waiver of alimony modification *State v. Perez* - downward departure; jail versus prison *Mullins v. State* - post conviction relief; timeliness *Cummins v. Bowman* - petition for discharge of estate *Johnson v. State* - credit time served waiver; plea *Harris v. State* - ineffective counsel; failure to advise of sentencing exposure
Fourth District Court of Appeal - West Palm Beach Doe v. State - Terry stop; motion to suppress Mae Volen Senior Center v. Area Agency on Aging Palm Beach/Treasure Coast - DOAH; subject matter jurisdiction; bid protests Vanevery v. State - hearsay; 911 call; excited utterance State v. Barnes - pat-down searches; fruit of poisonous tree; intervening circumstances Wilson v. State - self-defense jury instruction Doe v. State - voir dire; peremptory strike; race-neutral reasons Menard v. University Radiation Oncology Associates - surprise change in testimony; homestead Rubin v. Gabay - securities fraud; section Fla. Stat. §517.211; agency Columbia/JFK Medical Center Limited v. Sangounchitte - negligent credentialing; expert testimony; evidence regarding loss of services; attorney fees under Fla. Stat. §766.207 Schneberger v. Schneberger - construction of prenuptiual agreement; duties of life tenant Wal-Mart v. Town of Davie - site plan approval; due process Brooks v. AMP Services Limited - pro hac vice; standards for revocation		Fifth District Court of Appeal - Daytona Beach *McMillan v. McMillan* - dissolution of marriage; attorney’s fees *Quarantello v. Leroy* - child passenger restraint; scope of evidentiary bar *Luckey v. State* - post-conviction relief; competency *Weingarten v. Jacalbro* - notice of tax deed sale *Mann v. State* - sentencing error *State v. Stephenson* - downward departures *State v. Will Perkins* - challenge to information post-plea *Flores v. State* - inconsistent verdicts in criminal cases *City of Orlando Police v. Rose* - jury’s ability to reject testimony *Sheeler v. State* - sentencing credit *Dinkins v. State* - ineffective assistance; sleeping juror *Woods v. State* - belated appeals

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