Carlton Fields - March 24, 2008

March 24 - 28, 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 Adams v. State Of Florida - revocation of probation for failure to complete sex offender program In Re: Amendments To Florida Rule Of Judicial Administration 2.215 - change to judicial qualifications for presiding over capital cases Citizens Property Insurance v. Ueberschaer - remand based on recent valued-policy decision State Farm v. Ondis - remand based on recent valued-policy decision Lanier v. State Of Florida - sanctions for abusive filings Citizens Property Insurance v. Dancy - remand based on recent valued-policy decision		First District Court of Appeal - Tallahassee *Williams v. Stafford* - statutory corporations laws; summary judgment; self dealing *Rosenzweig v. Dept. of Transp* - statutory interpretation; standing; waiver of formal hearing *Stubbs v. Bob Dale Constr* - worker’s compensation; denial of increased weekly benefits *Escambia County, Florida v. U.I.L. Family Limited Partnership* - declaratory and injunctive relief; fees *Kollmer v. State* - motion to suppress; unlawful investigatory stop *Florida Dept. of Highway Safety And Motor Vehicles v. JM Auto* - challenge to administrative code provision on “unauthorized additional motor vehicle dealerships” *Williams v. State* - illegal sentence *Nelson v. State* - postconviction relief; ineffective assistance of counsel *Chase v. State* - postconviction relief; probation credit
Second District Court of Appeal - Lakeland *Luna-Martinez v. State* - voluntary nature of consent to search *Williams v. State* - admission of confession *Neeld v. State* - violation of plea agreement *Henson v. State* - violation of plea agreement *State v. Naylor* - downward departure sentence *Ash v. State* - revocation of probation; written sentencing error *Brown v. State* - first and last closing argument *Boats Express v. Thackeray* - enforcement of foreign judgment *Storey v. Storey* - calculation of alimony award *Bell v. Hill* - modification of child visitation *D.M. v. DCF* - standing to challenge custody order *Boykins v. State* - postconviction relief *Vasquez v. State* - timeliness of motion for postconviction relief *Blandin v. State* - postconviction relief *State Farm v. Rhodes & Anderson* - denial of PIP benefits without physician report *Johnson v. State* - postconviction relief *McCrea v. Deutsche Bank National Trust Co.* - jurisdiction to vacate final order		Third District Court of Appeal - Miami *Tobin v. Bursch* - 57.015 fees reversed for hearing on attorney good faith *Paraison v. State* - confrontation clause; "testimonial" statements and excited utterances of deceased crime victim *C.R. v. State* - juvenile Justice pre-disposition report inadequate *Karten v. Karten* - post-judgment petition to modify child support *Patman v. Patman* - dissolution of marriage; calculation error, value of marital home *Wavestone v. Fortune* - temporary injunction entered with inadequate notice of hearing *The Cadle Co. v Rhoades* - summary judgment; statute of limitations on promissory note *Powell v. State* - untimely motion to mitigate sentence
Fourth District Court of Appeal - West Palm Beach *Joseph v. State* - limitation on cross-examination; criminal procedure *State v. Dixon* - search and seizure; consensual encounter *City of Hollywood v. 1843* - eminent domain; blight; historic preservation *Donohue v. State* - Jessica Lunsford Act; GPS monitoring *Covelli Family v. ABG5* - termination of lease; interpretation; “damage or destruction” clause *Sorrells v. Montesino* - treating physician testimony regarding cost of future care *Martinez v. State* - indirect criminal contempt; procedures *Stewart v. Stewart* - dissolution of marriage; imputation of income *Mady v. Daimlerchrysler Corp.* - Magnuson-Moss Act; attorney’s fees; proposal for settlement; prevailing party determination *Denton v. Sillato* - enforcement of mediation agreement		Fifth District Court of Appeal - Daytona Beach *Guetzloe v. State* - electioneering communications *Santin v. State* - instructing on uncharged offense *SEG. v. DCF* - termination of parental rights *Garrett v. State* - child abuse by teacher; sufficiency of evidence *Conrad v. State* - inconsistent verdict in criminal case *Kittelson v. State* - modification of sentence to include restitution *Burch v. State* - post-conviction relief; evidentiary hearing *JS v. DCF* - dependency

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