Carlton Fields - January 28, 2008

January 28 - February 1, 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 *Pooler v. Fla.* - motion to vacate murder conviction and death sentence *Green v. Fla.* - appeal of death sentence *Sutton v. Fla.* - whether circuit court’s order on a petition for writ of prohibition is reviewable by appeal or certiorari		First District Court of Appeal - Tallahassee *Churchville v. Gacs* - summary judgment; worker’s compensation; waiver & release *Roberson v. St. Johns County School Bd* - denial of worker’s compensation benefits *Rowe v. County Of Duval* - declaratory judgment; safe harbor; gambling and slot machines *Johnson v. State* - vacate final judgment; paternity action *AMS Staff Leasing v. Arreola* - worker’s compensation; definition of “physician” includes foreign physicians *Butler v. City Of Jacksonville* - worker’s compensation; permanent total disability benefits *C.D. v. DCF* - reversal of denial of motion for reunification with minor children *K.Q.S. v. State* - stacking sentences for criminal contempt *Castleberry v. Morgan* - reduction of child support *Sleiman v. Sleiman* - petition for disqualification of presiding judge
Second District Court of Appeal - Lakeland *Bailey v. State* - miranda warning *Suarez v. City of Tampa* - inverse condemnation; continuing trespass; clean-up costs *A.T.P. v. State* - illegal vehicle search *Malarkey v. State* - restitution *Rivera v. State* - postconviction relief *Santiago v. Sunset Cove Investments* - conveyance of property; indispensable party *Winthrop v. State* - habitual felony offender *TSE Industries v. Larson & Larson* - statute of limitations		Third District Court of Appeal - Miami *Delgado v. State* - sentencing guidelines error; invalid departure *Ventura v. State* - comment on silence; PRR sentencing *Barrocas v. DirecTV* - absence of duty of care *Fernandez v. Barry* - dismissal of pro se amended complaint *Kumarsingh v. Pv Holding* - graves amendment preemption *S.S. v. Dcfs* - termination of parental rights *Leon Medical v. Martell* - order compelling arbitration *Golden Gate v. L&G* - motion to reinstate complaint untimely *Burke v. Windjammer* - motion to dismiss counterclaim *Feldman v. City Of North Miami* - validity of municipal charter amendment *Martin v. Hialeah Housing* - circuit court jurisdiction; appeal of administrative order denying appellate costs
Fourth District Court of Appeal - West Palm Beach *Real Investments v. The Oak Group* - lis pendens; amount *Blackburn v. Bartsocas* - unjust enrichment; damages; “sweat equity”; prejudgment interest *Nolan v. Nolan* - dissolution; marital furnishings *White v. State* - due process; defective information; different crime *Segura v. State* - photographic evidence of murder victim; self-defense instruction *Kablitz v. State* - joinder of criminal charges; severance *Barrett v. Barrett* - amendment of answer to raise bankruptcy discharge; failure to attach supporting documents *L.O.J., a child v. State* - juvenile delinquency adjudication; double jeopardy *Nasser v. Nasser* - Fla. Stat. §57.105; depositions as taxable costs; proof *Krilich v. Thomas* - specific performance; amendment of complaint; 3 opportunities to amend *Pagonico v. Bye* - paternity; attorney fees; financial position of parties *State v. Greaux* - sua sponte dismissal of domestic violence charges; prosecutorial discretion; Tipsy Coachman doctrine *Williams v. Primerano* - due process; child custody matters		Fifth District Court of Appeal - Daytona Beach *Ayala v. State* - sentencing; Blakely *Weeks v. Florida Birth-Related* - NICA notice; en banc decision receding from prior decision and certifying question of great public importance *Stuckey v. State* - criminal jury instructions; certifying question of great public importance *Everhart v. Everhart* - equitable distribution *Maxwell v. State* - criminal defendant’s competency to proceed *Nails v. State* - rejecting further pro se filings *Robinson v. State* - post-conviction relief; summary denial

Questions or comments about this page?

CLASSIFIED: Carlton Fields' Class Action Blog