Carlton Fields - June 23, 2008

June 23 - 27, 2008

A weekly hyperlinked summary of selected civil and criminal cases

Presented by the Appellate Practice Group at Carlton Fields

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 *The Fla. Bar v. Glueck* - professional misconduct and suspension from practice of law *Essex Ins. Co. v. Mercedes Zota* - whether Fla. Stat. §§ 626.922 and 627.421 have abrogated common-law agency analysis in previously applied in insurance-broker cases		First District Court of Appeal - Tallahassee *Wallen v. State* - motion to suppress *Ward v. State* - postconviction relief *H. D. v. Florida DCF- termination of parental rights; Department’s failure to assist parent in meeting goals E. S. v. Florida DCF*- child dependency
Second District Court of Appeal - Lakeland *Balmori v. State- ineffective assistance of counsel Joslin v. State- revocation of probation Shuler v. State- Florida Contraband Forfeiture Act Lynch v. Unemployment Appeals Commission- forum for appeal of Unemployment Appeals Commission orders; conflict certified State v. Brady- waiver of speedy trial City of Fort Myers v. Splitt- standing to file certiorari petition to challenge ordinance. State v. Burgos*- disclosure of identity of confidential informant		Third District Court of Appeal - Miami *State v. Wooding* - Statute 775.21 (sexual predator registration) constitutional in general and as applied *Lee v. Oceans Casino- reversing new trial based on unpreserved impeachment of defense expert Berkow v. Isaevna* - reversing summary judgment; fact issue re legitimacy of heris *Klem v. Espejo-Norton* - jurisdiction over estate assets; heir located after estate closed *Dooley & Mack v. Buildtec* - prevailing party costs following reversal *Hill v. Deering Bay* - restrictions on marina and pedestrian access; boat ramp fees *Lanoue v. Rizk* - promissory note statute of limitations *Cimadevilla v. State* - federal charges; consequences of plea *Castillo v. State* - deportation warnings; consequences of plea *Troutman v. State* - credit time served
Fourth District Court of Appeal - West Palm Beach *Strohm v. State* - Williams rule evidence *Jackson v. State* - record for appeal *Barrett v. State* - armed burglary *Fox v. City of Pompano Beach* - Whistle-Blower’s Act *Powell v. State* - improper closing argument remarks *J.J.K. Int’l v. Shivbaran* - excusable neglect for failure to appear at hearing *Klein-Brown v. Brown* - dissolution of marriage; compelling arbitration *Hosang v. State* - improper closing argument remarks; jury instructions *Thompson v. State* - sentencing *Sebastiano v. Sclafani* - damages; prejudgment interest *Deas v. State* - public records request *Noel v. Schlesinger* - charging lien on claims bill *Martin Memorial Med’l Ctr v. Herber* - med mal; presuit screening *Santos v. Gen Dynamics Aviation Servs* - compelling arbitration		Fifth District Court of Appeal - Daytona Beach Kovats v. Gregg-Kovats - equitable distribution; enterprise goodwill Stewart v. State - post-conviction relief; ineffective assistance related to limitations statute Gomez v. Swarez - guardianship pending custody determination *Neal v. State* - post-conviction relief; availability of amendment Kowalchik v. Kowalchik - venue Makoski v. State - rule 3.800 decision without rationale or attachments SP v. State - habeas corpus; juvenile contempt

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