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July 28 - August 1, 2008
Latest Florida Appellate News
The Governor will soon have the opportunity to appoint four justices to the Florida Supreme Court. Read about it
here
.
Latest CF Appellate News
John Blue
was an instrumental member of the Carlton Fields team that obtained compensation for Alan Crotzer, a 45 year old man who served 24 years, 6 months, and 13 days of a 130-year sentence for a crime that he did not commit. On April 10, 2008,
Governor Crist signed the claims bill
which compensates Mr. Crotzer in the amount of $1.25 million, the equivalent of $50,000 for each year he was wrongfully incarcerated, and waives community college tuition on his behalf up to 120 hours.
Sylvia Walbolt's
longstanding commitment to pro bono work is featured in an article entitled
"Low Bono: Are Florida attorneys paying less attention to the poor?"
in the May 2008 issue of
Florida Trend
magazine.
Florida Supreme Court
- Tallahassee
Larry Liner, Etc. v. Workers Temporary Staffing, Inc.
- constitutionality of Fla. Stat. § 448.24(1)(b)
First District Court of Appeal
- Tallahassee
Miller v. State
-
fundamental error; criminal plea
Futch v. Wal-Mart Stores
- impact rule; disputed fact issues
Tillman v. Florida East Coast Railway
- negligence
Second District Court of Appeal
- Lakeland
Franklin v. Franklin
-
unequal equitable distribution
Antunes-Salgado v. State
-
ineffective assistance of counsel; concession to admissibility of inadmissible statements
Jackson v. State
-
motion for judgment of acquittal in constructive possession case
Couch v. Wade
-
substituted opinion; civil contempt
Smith v. State
-
summary denial of ineffective assistance of counsel claims; failure to invoke speedy trial rule; failure to investigate
Thompson v. State
-
admissibility of former testimony of deceased victim
Gay v. State
-
summary denial of ineffective assistance of counsel claims; double jeopardy; Brady violation
C.H.C. v. State
-
substituted opinion; obstruction of an officer without violence; lawful execution of a legal duty
Third District Court of Appeal
- Miami
Davalos v. State
- involuntary plea; judicial vindictiveness
Siebert v. State
- evidence of flight; harmless error
Tarver v. Florida Parole
- revocation of conditional release; cert denied
Carbaugh v. Carbaugh
- permanent alimony amount did not consider cost of housing; life insurance on child support obligation stricken
Reeves v. State
- credit time served, gain time
Webb v. Dollar Tree
- psychotherapist privilege
Romero v. State
- mandamus; lost motion
Fourth District Court of Appeal
- West Palm Beach
Posner v. Posner
- marital dissolution; excessive share of expenses and obligations
Bertoni v. Stock Building Supply
- negligent failure to procure supplemental life insurance; ERISA; preemption
Stubbs v. Plantation General Hospital Limited Partnership
- motion to dismiss; beyond four corners of complaint
Pineiro v. Pineiro
- civil contempt; marital assets
State v. Leng
- motion to disqualify trial judge; assignment of judge; timing
Benjamin v. CR Hancock Bridge
- forum non conveniens
Communities Finance Company v. Bjork
- certiorari; discovery; irreparable harm
Demello v. Buckman
- prevailing party; attorney’s fee award; expert evidence
Muir v. State
- refusal to allow reputation evidence
Sosnowsky v. State
- incriminating statements elicited by government agent outside presence of counsel
Sass v. Sass
- equitable distribution of marital assets
Maraj v. North Broward Hospital District
- medical malpractice; statute of limitations
Moraitis v. Vitakis-Vachine
- Fla. Stat. 57.105; attorney’s fees
M.S. v. State
- juvenile; revocation of probation; DNA testing
Michel v. State
- failure to give instruction regarding justifiable use of non-deadly force in battery case; ineffective assistance of counsel
Fairway Mortgage Solutions & Recalde v. Locust Gardens
- summary judgment; breach of commercial lease; guaranty
Scheible v. The Joseph L. Morse Geriatric Center
- Nursing Home Resident’s Rights Act; causation; wrongful prolongation of life; pre-judgment interest
Cypress v. Jumper
- paternity; child support
Trapani v. Winn Dixie Stores
- loss of consortium
Iaconis v. Ward
- discovery violations; sanctions; dismissal
Fifth District Court of Appeal
- Daytona Beach
Lester v. State
-
sentencing
Zebranek v. Bd of Osteopathic Med
- administrative review; jurisdiction; timely appeal
Marion Co v. Greene
- administrative review; consumptive use permit
McFee v. State
- double jeopardy
Kirschner v. Baldwin
- injunctive relief; removal of garage violating setback requirements
August v. State
- double jeopardy
In Re Steffens
- criminal contempt
Sanford Auto v. Fields Motorcars
- venue
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