Carlton Fields - January 7, 2008

January 7 - 11, 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 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. Miami shareholder Wendy Lumish recently secured the reversal of a $60 million dollar judgment against Ford Motor Company. Click here to view the Third DCA opinion.
Florida Supreme Court - Tallahassee *Fla. v. Lopez* - whether pretrial deposition of witness who did not testify at trial satisfies Confrontation Clause *Williams v. Fla.* - Rule 3.851 motion and petition for writ of habeas corpus *Fla. Bar v. Miller* - disbarment for professional misconduct *Raborn v. Menotte* - whether deed conveys legal title to property in trust under Fla. Stat. § 689.07(1) before 2004 amd.		First District Court of Appeal - Tallahassee *Leonard v. Leonard* - alimony modification *Luedke v. Play Space Services & Pinnacle Assurance Corp.* - worker’s comp benefits *State v. Baldwin* - witness exclusion *State v. Davis* - motion to suppress *McCalister v. Sch. Bd. of Bay County* - statutory authority of school board and superintendent
Second District Court of Appeal - Lakeland *Roth v. Roth* - dissipation of assets; equitable lien on non-marital homestead; imputed income; conflict certified on contempt *Shah v. Bland* - dangerous instrumentality; reduction of passenger’s damages as owner of the vehicle; preservation *BH v. State* - restitution *Burke v. Esposito* - concurring opinion on clerks’ fee to reopen “closed” cases		Third District Court of Appeal - Miami *Searcy v. State* - motion to withdraw plea; conflict-free counsel; furlough violation *American Express v. Inverspan* - proper pleading of claim for attorney's fees *Hilton Int. v. Carillo* - forum non conveniens *Macier v. Giamportone* - reopening of estate; notice *Rolle v. Birken* - writ of mandamus compelling trial court to set trial date *Creech v. Ryan* - writ of habeus corpus; increase in bond
Fourth District Court of Appeal - West Palm Beach *Stolper, LLC v. Jeffer* - attorney’s fees *Rogers v. State* - Youthful Offender Act *Love v. State* - jury instructions; fundamental error; bias *Henley v. MacDonald* - breach of contract; summary judgment *Jacques v. Equitable Life Assurance Soc’y of the U.S.* - economic loss rule *Hall v. State* - postconviction relief; ineffective assistance on motion to suppress *Sando v. State* - contempt *Tuhey v. State* - withdrawal of plea		Fifth District Court of Appeal - Daytona Beach *Mason v. Homes By Whitaker* - venue; forum selection clauses

Questions or comments about this page?

CLASSIFIED: Carlton Fields' Class Action Blog