Carlton Fields - March 31, 2008

March 31 - April 4, 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 received 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 *Howard v. State of Florida* - cracked windshield case; quashed based on Hilton *Paul v. State of Florida* - cracked windshield case; quashed based on Hilton *D.E.M., Etc. v. State of Florida* - cracked windshield case; quashed based on Hilton, with dissent *Massey v. David* - unconstitutionality of expert witness disclosure and taxation statute		First District Court of Appeal - Tallahassee *Hines v. State* - improper admission of prior crime *B.J. V. DCF* - agency review of findings of fact *Reaves v. State* - withdrawal of guilty plea *Kramer v. Palm Beach County* - worker’s comp; “special hazard” *Woodard v. State* - improper construction of statute *Simmons v. Simmons* - dissolution of marriage; division of assets *L.S. v. State* - trial court review of DJJ recommendation *Williams v. Fla. Parole Comm’n* - certiorari; departure from essential requirements of law *Allstate Floridian Ins. Co. v. Office Of Ins. Reg.* - agency subpoena power; enforcement proceedings
Second District Court of Appeal - Lakeland *Jennings v. State* - prison releasee reoffender sentencing *Jameson v. State* - prison releasee reoffender sentencing *Greider v. State* - motion to suppress *Johnson v. Badger Acquisition of Tampa* - legal duty of care of consultant pharmacist to nursing home resident *Ventura v. State* - ineffective assistance of counsel; advice regarding deportation upon guilty plea *Atwell v. State* - ineffective assistance of counsel; failure to move to suppress confession *T.H. v. DCF* - termination of parental rights *State v. Allen* - motion to suppress *State v. Hall* - downward departure sentence *Hettick v. State* - postconviction relief *Briscoe v. State* - ineffective assistance of counsel; pleading deficiency *Taylor v. Miller* - timeliness of motion for attorney's fees		Third District Court of Appeal - Miami *R&B v. Christopher Advertising* - replacement cost valuation for converted commercial property *Brivis v. Plinski* - personal jurisdiction waiver *Beltran v. Kalb* - sale of homestead without due process
Fourth District Court of Appeal - West Palm Beach *Telfort v. State* - improper bolstering of expert testimony; confession *Current Builders of Florida v. First Sealord Surety* - surety; notice; additur; attorneys’ fees *Weaver v. State* - scheme to defraud *Moforis v. Moforis* - visitation *Profitt v. State* - incorrect statement of law in closing *State v. Lyons* - coterminous sentencing *Sabree v. State* - DUI; jury instructions *TRW Vehicle Safety Systems v. Santiso* - personal jurisdiction *Cohen v. Corwin* - malicious prosecution; bona fide termination *Cordary v. DCF* - disability; necessary findings *Open MRI of Okeechobee v. Aldana* - compelling arbitration *Lynn v. Martin County Marine Corp.- derivative action; standing Roman v. State* - post-conviction relief		Fifth District Court of Appeal - Daytona Beach Lester v. Lester - marital dissolution; distribution of assets Olesh v. Greenberg - abuse of discretion in denying reconsideration of summary judgment; incompetent representation Lincoln v. State - sentencing; lack of remorse Carter v. Continental Casualty - summary judgment; genuineness of signature Foster v. Foster - distribution of marital assets; need for findings 5D07-2666 George Goolde v. State - sentencing McCarty v. State - probation Transformed v. Martoccia - enforcement of settlement agreements Polewarzyk v. State - burglary; dwelling; post-conviction relief

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