Carlton Fields - February 25, 2008

February 25 - 29, 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 *Ey v. State Of Florida* - ineffective assistance of counsel; effect of plea on other case *State Of Florida v. Larzelere* - ineffective assistance in penalty phase *State Of Florida v. Jenkins* - violation of probation; nonattendance of drug treatment program		First District Court of Appeal - Tallahassee *Bowman v. State* - reinstatement of probation *Burkhart v. State* - double jeopardy; additional condition of probation *State v. Young* - motion to suppress evidence *Hampton v. Fantastic Sam’s* - psychiatric care benefits *Gopman v. Dept. Of Education* - 57.105 attorney’s fees
Second District Court of Appeal - Lakeland *Accela v. Sarasota County* - local government procurement process *Robinson v. State* - substituted opinion *Sheppard v. State* - motion to withdraw plea; unauthorized pro se filing; conflict-free counsel *Mastec, Inc. v. TJS* - specific performance of sale contract; tender *Davis v. State* - opportunity to amend postconviction motion *Bellamy v. State* - judgment of acquittal; murder *Robinson v. State* - constructive possession *Parker v. Parker* - equitable distribution; alimony *Engelke v. Athle-Tech Computer Systems* - unjust enrichment; damages *Kalman v. Pasco-Hernando Surgical Assoc., P.L.* - motion for trial after arbitration *McCullough v. State* - plea agreement; sentencing *Butts v. State* - exclusion of testimony; culpable negligence *Janeski v. Janeski* - contempt; present ability to pay *Scott v. State* - unauthorized postconviction motion		Third District Court of Appeal - Miami *P.N. v. State* - juvenile case; judgment of dismissal *Brivis v. Plinski* - personal jurisdiction; waiver *Utc v. Presidential* - sufficiency of third-party complaint
Fourth District Court of Appeal - West Palm Beach *Morgan Stanley v. Coleman (Parent) Holdings* - trial costs; appeal *Whitingham v. State* - child sexual abuse cases; charging pattern *Parker v. State* - resentencing; North Carolina v. Pearce presumption of vindictiveness *Young v. Kurlansik* - election of remedy; inconsistent awards *Kositsky v. State* - corruption by threat against public servant *Bibi v. Royal Hidden Cove At The Polo Club Homeowners Assoc.* - homeowners’ association; construction of settlement agreement *Chapman v. State* - Jimmy Ryce Act *Corzo Trucking Corp. v. West* - Fla. R. Civ. P. 1.530, rehearing; timeliness; jurisdiction *Rosenstein v. Rosenstein* - marital settlement agreement; construction		Fifth District Court of Appeal - Daytona Beach *Burley v. Gelco* - UCC Article 9; sale of repossessed vehicles *Oliver v. State* - Frye and opinion testimony; harmful error *RGC Group v. Avant* - directed verdict *Burnstine v. Townley* - child support; gross income *M.B.T. v. DCF* - termination of parental rights *Biddle v. Ellis* - constitutional challenge to § 903.286 *State v. Leukel* - drug court; eligibility

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