Florida Appeals Court Decisions: Week of April 1-5, 2024
U.S. Eleventh Circuit Court of Appeals
Jackson v. Swanger - qualified immunity, search and seizure, appellate jurisdiction
USA v. Al Jaberi - smuggling, notifying common carrier, false export info, evidence, double jeopardy
Flowers v. Comm’r, SSA - disability benefits, inconsistent determinations, preservation of error
Al Zawawi v. Diss - bankruptcy, § 109(a), foreign proceedings
USA v. Handlon - compassionate release
USA v. Vargas - speedy trial
USA v. Alhindi - competency, criminal defendants, § 4241
Florida Supreme Court - Tallahassee
Planned Parenthood v. State - right to privacy, abortion, 15-week ban
Adv Op to AG re Marijuana - ballot initiative, validity
Adv Op to AG re Abortion - ballot initiative, validity
First District Court of Appeal - Tallahassee
TT v. DCF - parental rights, termination, failure to prosecute
UF BOT v. Browning Boisse - sovereign immunity
Byrd v. State - drug trafficking, evidence, recording
Lussy v. Dept of Legal Affairs - appellant’s burden
Aristizabal v. DOR - Applegate affirmance
Davis v. State - belated appeal
RLG v. DCF - parental rights, termination, failure to prosecute
Peek v. FCOR - appellate jurisdiction
Second District Court of Appeal - St. Petersburg
Lydecker v. State - rape shield statute, cross-exam
McNulty Lofts v. WRH McNulty Garage - real property, ejectment
Rich v. Rich - contempt, previously reversed order
Hanover Ins v. Frazier - insurance, malicious prosecution, insurer immunity
Citizens v. Barberan - insurance, sinkhole coverage, burden of proof jury instructions
Foster v. State - sentencing
Helmick v. Taylor - marital settlement agreement, third-party beneficiary
CM v. AM - appellate jurisdiction, sanctions entitlement order
Navarro v. State - postconviction relief, pending appeal
Fantauzzi v. Day - § 57.105 fees, notice, due process
Wood v. State - habeas corpus
Third District Court of Appeal - Miami
Seneca v. Jade Beach CA - pleading, impairment of subrogation rights
Cordovi v. State - continuance, hearsay
Castellon v. Citizens - summary judgment standard
Ramash Realty v. Certain Underwriters - policy interpretation, deductible
Navarro v. Borges - duty
Universal v. Nacimiento - hearsay
Lemano Invs v. RGF Athena - superior claim to title
Pimienta v. Rosenfeld - prohibition, disqualification of judge
Facebook v. Grind Hard - personal jurisdiction, tortious acts
Borchetta v. Hankins - defamation, publication
Pro-Play Games v. Roger - arbitrability, contractual nexus, waiver
Sotolongo v. State - postconviction relief
Pino-Allen v. Egan - defamation, privilege
Fourth District Court of Appeal - West Palm Beach
Ramirez v. Marzano - ex parte relief, due process
HS v. DCF - judicial disqualification, pre-hearing comments
Goldsmith v. State - witness bolstering, harmless error
Chewy v. Covetrus - certiorari, deposition, apex doctrine
Perez v. Tony - search and seizure
Jefferson v. State - sentencing
Fifth District Court of Appeal - Daytona Beach
Brooks v. State - Anders appeal, costs
Jackson v. State - first-degree murder, sexual battery, prior bad acts
Casado v. Doher - vacate judgment, rule 1.540(b)
Trammell v. State - habeas corpus
Fluhart v. Rasmussen - en banc; jurisdiction, preservation, rule 12.490(e)(3)
Sixth District Court of Appeal - Lakeland
Rowan v. State - sentencing
Bean v. State – probation revocation
Johnson v. Garrett - premises liability, duty
LA v. DCF - termination of parental rights
O'Hair v. O'Hair - marital settlement agreement
Marlin Constr Grp v. Bollinger - licensing, statutory construction
The provided links above may be available for a limited time only, as courts sometimes relocate opinions on their websites. Should that occur, please use the “written opinions archive” links provided below each court header to search for the opinion using the case name. The availability of opinions through these channels may vary and is subject to the discretion of the courts.