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Novembe 12 - 16, 2007
Latest Florida Appellate News
Latest CF Appellate News
50 women lawyers in the
Florida Super Lawyer's
2007. In addition,
Wendy Lumish
,
Paul Nettleton
,
Sylvia Walbolt
and
Tom Warner
were named among the best appellate lawyers.
Cristina Alonso
was recently honored by The Young Lawyers Division Board of Governors as the Most Productive Board Member of The Year Award at The Florida Bar Annual meeting. In addition, Cristina was appointed Chair of the CLE Committee of the Young Lawyer's Division.
Florida Supreme Court
- Tallahassee
Connor v. State of Fla.
- Rule 3.851 motion and petition for writ of habeas corpus
Evans v. State of Fla.
- Rule 3.851 motion and petition for writ of habeas corpus
In Re: Petition of the ADR R. & Policy Committee on Amds. to Fla. R. of Certified & Court-Appointed Mediators
- adopting point-based system for mediator certification
Stephens v. State of Fla.
- Rule 3.851 motion and petition for writ of habeas corpus
In Re: Amds. to the R. Regulating the Fla. Bar – Fla. Registered Paralegal Program
- creating voluntary registration program
In Re: Amds. to Fla. R. of Appellate P. – R. 9.141 & R. 9.142
- amd. to time for filing petition alleging ineffective assistance of appellate counsel in noncapital cases; amd. for expedited review of orders granting motions to dismiss postconviction proceedings and discharge collateral counsel in capital cases
First District Court of Appeal
- Tallahassee
Cheshire v. State
- sexual predator designation; due process
Fairplay Solutions v. Agency For Health Care
- worker’s compensation; petitions for higher reimbursement
Smith v. State
- deadly weapon is jury question
Ortiz v. State
- postconviction relief
Middleton, Jr. v. State
- postconviction relief; ineffective assistance of counsel
Second District Court of Appeal
- Lakeland
Ellender v. Bricker
- additur; past and future economic damages
Wilson v. Fed. Nat'l Ins.
- confirmation of appraisal award; hurricane damage
Blow v. State
- child abuse; definition of "caging"; dispositive motion
Green v. State
- "and/or" instruction; fundament or harmless error
Blocker v. State
- oral pronouncement of sentence; inaccurate transcript; questions certified
Tapia v. State
- probation revocation; youth offender boot camp
Parrot Cove v. Duncan Seawall
- notice of trial; rule 1.525
JDH v. State
- probable cause; loitering; fleeing from officer
CGH v. State
- grand theft
Walker v. McDonough
- review of indigency determination
Claps v. State
- double jeopardy; lesser included offense
Cobb v. State
- ineffective assistance of counsel
Zarba v. State
- traffic stop; broken brake light
Grimsley v. State
- ineffective assistance of appellate counsel
Newsome v. Butterworth
- release of detainee; Jimmy Ryce Act
Third District Court of Appeal
- Miami
City Of Key West v. Duck Tours
- franchise agreement; interstate commerce
Berg v. Capo
- stock purchase agreement; integration clause, release
Valdes v. State
- equal concurrent enhanced sentences
Pintado v. State
- exclusion of witness; Richardson hearing
Davidson v. Ramirez
- attorney’s fees; notice
Scruggs v. Sutton
- claim for attorney fees and costs must be pled
Fourth District Court of Appeal
- West Palm Beach
Leigh v. State
- hearsay; co-conspirator exception
Moraes v. State
- withdrawal of plea based on change in law
Broward County Sheriff’s Office v. Brody
-
poster boards used by expert; admission into evidence; harmless error
Richard A. Perryman, M.D. v. Crawford
- expert witness disclosures; failure to disclose new opinion; new trial
Esteban v. State
-
rape shield law; evidence regarding prior sexual conduct or reputation
Jimenez v. Community Asphalt Corp.
- worker’s compensation; duty to cooperate; spoliation of evidence; premature claims; abatement
Hicks v. State
- evidence regarding common practices of drug dealers; inadmissibility
Olivas v. Peterson
- remittitur; new trial on damages; preservation
Algie v. Lennar Corporation
- failure to strike juror for cause; bias; failure to recant
Stranahan House v. City of Fort Lauderdale
- failure to appeal final judgment; inability to attack final judgment by seeking review underlying settlement agreement
European Bank Limited v. Online Credit Clearing Corp.
- attorneys’ fees awarded under English law; timeliness of amended motion for attorneys’ fees; particularity required
Fuller v. State
- waiver of jury trial right
Spano v. Hoffman
- absolute immunity; Florida Bar employees; disciplinary proceedings
Saenz v. Campos
- proposal for settlement; ambiguity
Kaye v. Macari Building & Design
- arbitration provision; incorporation by reference
Kopecky v. Kopecka
- dissolution proceeding; service by publication; venue
Specialty Engineering Consultants v. Hovstone Properties Florida
- Chapter 558; construction disputes; definition of claimant
Fifth District Court of Appeal
- Daytona Beach
Dreggors v. Employers Ins.
-
summary judgment; seized recordings
Christensen v. Cooper
- medical malpractice; Good Samaritan Act
Geoghegan v. Geoghegan
- dissolution of marriage; alimony
Freeman v. State
- manslaughter; Dangerous Dog Act
Washington v. Stevens
- child support
Garity v. State
- violation of probation
Re-Employment Svs. v. National Loan
- sufficiency of return of service
State v. Clavette
- search and seizure
Saenz v. Patco
- fraud on the court
Smith v. State
- plea withdrawal
Taylor v. State
- sentencing; single episode
Clark v. State
- illegal sentences
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