Carlton Fields - February 18, 2008

February 18 - 22, 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 *Martinez v. Fla.* - whether forcible-felony instruction requires an independent forcible felony *Yisrael v. Fla.* - whether documents proffered to establish defendant’s status as a habitual violent felony offender are admissible under either the business- or public- records exceptions to the rule against hearsay		First District Court of Appeal - Tallahassee *Coker v. State* - ineffective assistance of counsel *Fitzgerald v. Osceola County Sch. Bd.* - worker’s comp; expert medical advisor opinion *Golden West Fin. Corp. v. Fla. Dep’t of Rev.* - administrative rule challenge *Jones v. Atkinson* - improper grant of new trial *Goodson v. Fla. Dep’t of Bus. & Prof’l Reg.* - revocation of real estate license *Orix Fin. Serv. v. Macleod* - recordation of judgment lien *Watson v. State* - applicability of subsequently decided case *Pflaum v. Pflaum* - sanctioning pro se litigant for continued disregard of court orders
Second District Court of Appeal - Lakeland *Humphrey v. State* - husband/wife privilege to cellular phone calls *Markovich v. Markovich* - attorney's fees; failure to provide transcript of proceedings *State v. Clark* - motion to suppress; probable cause *Thompson v. State* - revocation of probation *ELL-Cap v. Naples Estates Homeowners Assoc.* - clarified opinion; right of first refusal *Balsinger v. State* - due process at probation revocation hearing *Crawford v. State* - revocation of community control *May v. State* - order dismissing petition for belated appeal *Parrot Cove v. Duncan Seawall* - attorney’s fees; opinion revised concerning fee motion requirements *Williamson v. State* - withdrawal of plea; available relief *Davis v. State* - resisting an officer; judgment of acquittal *Johnson v. State* - violent career criminal sentencing *Mordenti v. State* - exclusion of statement by coconspirator		Third District Court of Appeal - Miami *Key v. State* - prosecution time-barred; sentencing error *Sanchez v. State* - illegal sentence; factual basis for plea *Mason v. State* - motion to withdraw plea; allegation of exculpatory testimony *Menendez v. State* - illegal sentence; eligibility for parole *Grandview v. City Of North Bay Vill.* - motion to disqualify judge; allegation of bias *Echeverria v. State* - ineffective assistance; failure to call co-defendant *School v. Leyva* - motion to dismiss; sovereign immunity
Fourth District Court of Appeal - West Palm Beach *Liggett Group v. Davis* - certification of design defect questions *Pineiro v. Law Firm of Franklin & Criscuolo* - written order reflect oral pronouncement *Baptiste v. Fermenich* - offer of judgment *Kravitz v. Levy* - continuing tort *Steil v. State* - fleeing or eluding an officer *Perry v. State* - sentencing *Cardillo v. Qualsure Ins Corp* - final order; timing of attorney fee motion *Andrews v. State* - hearsay *Newman v. State* - fundamental error; jury instructions *State v. Rudy* - suppressing records from substance abuse program *State v. Powell* - conspiracy to traffic in cocaine *Devido v. Curry* - appellate attorneys’ fees *Larkin v. Buranosky* - Florida Electioneering Communication Organizations *Watson v. State* - petition for writ of habeas corpus *Acoustic Innovations, Inc. v. Schafer* - review of decision in non-jury trial; standing; equitable estoppel *C.B. v. State* - acceptance of representation by legal intern *Tumblin v. State* - double jeopardy *Slusser v. Life Care Cts of Am, Inc.* - compelling arbitration *Arce v. State* - habitual offender designation		Fifth District Court of Appeal - Daytona Beach *School Board of Volusia v. Academies of Excellence* - substitution of prior opinion; denial of charter school application *Hernando Co. v. Morana* - writ of prohibition; county court's lack of subject matter jurisdiction; aggregation of individual claims *Coldiron v. Seminole County Sheriff’s Dept.* - notice of hearing *White v. State* - prior consistent statement to rebut charge of fabrication; imposition of consecutive sentences *Day v. State* - statute of limitations *Applegate v. Cable Water Ski* - restatement of question of great public importance; enforcement of exculpatory clause signed by parent *Vesta Construction v. Lotspeich* - economic loss rule; negligent misrepresentation *Sheth v. Altamonte* - liability as guarantor *Stihl v. Green Thumb* - overbroad and burdensome discovery *Mobley v. State* - prohibition of future pro se filings *Shelton v. State* - correction of deficient rule 3.850 motion

Questions or comments about this page?

CLASSIFIED: Carlton Fields' Class Action Blog