The Florida Cases Week-at-a-GlanceJanuary 14 - 18, 2008
Email this PagePrintWeek-At-A-Glance ArchivesA 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.


The Fla. Bar v. Brown - discipline for professional misconduct
Ward v. Fla. - whether individual is subject to Jimmy Ryce Act based on prior convictions for sexually violent offenses and current confinement
Khianthalat v. Fla. - whether defendant charged under Fla. Stat. § 800.004(4) is entitled to jury instruction on simple battery
In re Amds. to Fla. R. of Jud. Admin. 2.430 - approval of creation of comprehensive judicial branch records management and retention program
In re: Cert. of the Need for Addl. Judges - certified need for new judges to Florida Legislature

Prevost v. State - postconviction
Hulbert v. Vogt - proximate cause

Miller v. State - Habeus corpus; pretrial detention
All Children's Hospital v. Dep’t of Administrative Hearings - Notice under Florida Birth-Related Neurological Injury Compensation Plan
Bayfront Medical Center v. Florida Birth-Related Neurological Injury Compensation Assoc. - Notice under Florida Birth-Related Neurological Injury Compensation Plan
James v. State - Admissibility of evidence of multiple sexual batteries where only one battery is charged
Pfrengle v. Pfrengle - Marital assets; attorney's fees
Johnson v. State - Concurrent sentences
Leeks v. State - Sentencing after remand of improper departure sentence
Smith v. State - Double jeopardy
Whittlesey, Jr. v. Whittlesey - Attorney's fees in dissolution case
Swift v. State - Aggravated assault on a law enforcement officer
Burnett v. State - Ineffective assistance of counsel; motion to sever in child molestation case
Lombardo v. Haige
- Finality; appealable orders; mandamus
Velazquez v. State - Ineffective assistance of counsel; availability of defense; sentencing advice
Barnes v. State - Ineffective assistance of appellate counsel; use of "and/or" between defendant's name and codefendant's name in jury instruction
Schroeter v. Cincinnati Ins. Co. - Breach of contract by refusing to declare a "total loss"
Dresdner v. Charter Oak Fire Ins. Co. - Untimely notice of appeal
Haueter-Herranz v. Romero - Jurisdictional threshold for circuit court; agreement to arbitrate; service of process
Anton v. State - Untimely motion for postconviction relief
Stephens v. State - Reconsideration of length of habitual felony offender sentence
McKibben v. Alterra Health Care - Authority to enter agreement to arbitrate
Ramey v. Haverty Furniture Cos. - Dismissal for fraud
State v. Ward - Downward departure sentence

Suarez v. State - Increased sentence on remand; original sentencing intent
United States v. Jones College - Constructive eviction; anticipatory breach of contract
Royal Caribbean v. Bakalar - Refusal to grant new trial or remittitur
Hood v. Valle - Improper opening statement; juror non-disclosure
Grosso v. Fidelity National - Certifying settlement class; approving settlement; costs and fees
American Express v. Duvall - Long-arm jurisdiction, waiver
Mondy v. Sanchez - Specific performance
Hicks v. State - Prisoner frivolous appeal
Ritter v. Kieszkowski - Rehabilitative alimony

Republic Properties Corp v. Grand Jury Presentment - grand jury presentment; expunging certain references
Tedford v. State - motion for judgment of acquittal; circumstantial evidence
Abrams v. State - Dangerous Sexual Felony Offender Act; constitutionality
Davenport v. State - habitual felony offender; prison release reoffender
Richardson v. State - motion to suppress; reasonable suspicion
Karnbach v. Karnbach - settlement agreement; child support
Landeverde v. State - evidentiary hearing; newly discovered evidence

Ali v. State - Dissenting opinion regarding prosecutor's improper closing argument
Wheeler v. Powers - Probate revocation; "interested person"; alternate personal representative
Fernandez-Fox v. Lindsay - Extension of time to file independent action against estate
State v. Hobbs - Admissibility of confession where State can't prove elements of crime
Duffey v. Duffey - Life insurance to secure alimony or child support
Lykes v. State - Jury instruction for fleeing to elude a law enforcement officer
Willis v. Romano - Unsworn witness



Questions or comments about this page?


CLASSIFIED: Carlton Fields' Class Action Blog
© Copyright 2008 by Carlton Fields