November 26, 2007 | 2005 | WAAG

November 19 - 30, 2007

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 Miami Shareholder Wendy Lumish recently secured the reversal of a $60 million dollar judgment against Ford Motor Company. Click here to view the Third DCA opinion. Wendy Lumish and Sylvia Walbolt were named as two of the top 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. Sylvia Walbolt and Joe Lang co-authored an article entitled "Off The Record" for the November 2007 issue of Florida Bar Journal.
Florida Supreme Court - Tallahassee *Overton v. State* - Rule 3.851 motion for postconviction relief; Rule 3.853 motion for postconviction DNA testing; petition for writ of habeas corpus *Barnes v. State* - admission of transcript of defendant’s prior testimony at retrial, after prior testimony read during retrial proceedings		First District Court of Appeal - Tallahassee *Travis v. State* - failure to renew offer of counsel to pro se defendant *S.D.S. Autos, Inc. D/B/A Lexus Of Jacksonville v. Chrzanowski* - motion to dismiss; class action *S.D.S. Autos, Inc., D/B/A Lexus Of Jacksonville v. Chrzanowski* - class action certification *Richardson v. State* - double jeopardy *Felder v. State* - res judicata; collateral estoppel *Lahodik v. Lahodik* - modification of child support *Florida Dept. Of Financial Services v. Capital Collateral Regional Counsel* - unpromulgated rule *Griffin v. State* - failure to register as sex offender *Laughlin v. Household Bank* - summary judgment; Florida Consumer Collection Practices Act *Shands Teaching Hospital v. Dunn* - medical negligence; evidence of routine practice; motion for continuance of trial *Madry v. State* - revocation of probation *Blann v. Gregg L. Blann* - action to enforce consent judgment *E.B. v. DCF* - dependency; child placement *A.W. v. DCF* - termination of parental rights *T.S. v. DCF* - termination of parental rights
Second District Court of Appeal - Lakeland *Delemos v. State* - finality of sentence; double jeopardy *Erp v. Erp* - equitable distribution; valuation of family business *Crawford v. State* - motion to suppress; consent to pat-down; "plain feel" doctrine *Meus v. State* - ineffective assistance of counsel; failure to call witness *Bogert v. Morrison* - guardianship; concurrent jurisdiction; comity *Rumore v. State* - exclusionary rule; § 901.211, Fla. Stat. *Castaldi v. Castaldi* - alimony; imputing income *KTM v. State* - restitution; Anders appeal *Parham v. Parham* - equitable distribution; factual basis *Brim v. State* - postconviction; DNA testing *Luke v. Camelot Condo* - notice of tax deed sale; timeshare owners		Third District Court of Appeal - Miami *Cohn v. Woolin* - personal jurisdiction; minimum contacts *Garcia v. Garcia* - temporary support *Hauck v. State* - modification of child support; arrears *Peraza v. Citizens* - costs and fees *Fernandez v. Dept. Of Revenue* - administrative child support order *Riser v. Hartford* - pro rata interest on settlement recovery *Gilbert v. State* - transfer of habeas petition *Nwosu v. Adler* - vaccine Act; vaccine-related injury *Berger v. Berger* - charging lien; attorney’s fees *Gonzalez v. State* - unavailable witness; perpetuated testimony *Huard v. State* - violation of probation; restitution; ability to pay *Xerox v. Smartech* - motion to compel arbitrarion *Companioni v. State* - scoresheet error; victim injury *Interested v. Seafreight* - carriage of Goods By Sea Act; statutory loss limitation *National Union v. Underwriters* - insurance contract notice requirement
Fourth District Court of Appeal - West Palm Beach *Smith v. State* - due process; voluntariness of statement; jury selection *Francavilla v. Francavilla* - dissolution of marriage; prenuptial agreement; gifted property *Sule v. State* - severance of charges; exclusion of witnesses *Bailey v. State* - Williams rule evidence *State v. Jennings* - probable cause to search vehicle *Freeman v. Cohen* - enforcement of settlement agreement *Soriano v. State* - insufficient evidence for restitution award *State v. Manchado* - definition of motor vehicle *Rollins v. Unemployment Appeals Comm’n* - unemployment benefits; discharge for misconduct *Smith v. Sch Bd of Palm Beach County* - calculation of attorney’s fees *Hospicecare of Se Fla v. Major* - employment dispute; arbitration *Tandem Healthcare v. Benjamin* - production of documents under Amendment 7 *Plummer v. State* - violent habitual reoffender *Cunningham v. State* - jail credit *C.J. v. Dep’t of Children & Families* - dependency *T.M. and L.A. v. Dep’t of Children & Families* - termination of parental rights *Webster v. State* - double jeopardy; mistrial *Gunn v. State* - post-conviction relief *Gayer v. Fine Line Construction & Electric* - spoliation of evidence; duty to preserve; worker’s compensation; help supply services company *Singleton v. Eli B. Investment Corp.* - quiet title action; due process; tax deed; adequate notice; certified mail *Herrera-Fernandez v. State* - protective sweep; inevitable discovery exception to exclusionary rule; tipsy coachman doctrine *State v. Hinkle* - concealed firearm; definition *Cancel v. Olen Properties Corp.* - summary judgment; issue of fact; employer relationship *Aquatic Plant Management v. Paramount Engineering* - subcontractor; lien against public property payment bond; “specially fabricated” materials; statutory construction *Sosa v. Legget & Platt* - abortive attempt to create corporation; personal liability of purported officers or agents *Diaz v. Diaz* - dissolution; marital assets; consideration of income tax consequences *Johnson v. Pires* - execution of arbitration provision in corporate capacity; non-party to contract in individual capacity		Fifth District Court of Appeal - Daytona Beach *Destefano v. Adventist Health* - confusing verdict form; damages *School Bd. of Volusia v. Academies* - charter school application *Pressly v. State* - hearsay; excited utterance *Bell v. State* - sentencing scoresheet *Kukets v. Bibona* - constructive trust; attorney’s fees *Sipple v. State* - ineffective assistance of counsel; jury instruction *Lewandowski v. Langston* - modification of child custody *Dirk v. State* - Apprendi; conflict certified *Bartley v. State* - enhanced sentence; possession of firearm *Space Science v. UAC* - unemployment benefits; leaving work for good cause *Wallace v. Dean* - sovereign immunity; duty of law enforcement officers *Burchfield v. Realty Execs.* - statutory duty of real estate brokers *Burger King v. Quash* - evidence to support forum non conveniens *State v. Colbert* - preservation of error; downward departure sentence *Smith v. State* - general intent; sex offender registration *State v. Gretz* - downward departure sentence *Harris v. State* - Crawford; probation revocation; question certified *Siplen v. State* - modification of probation *Austin v. State* - habitual offender; counsel’s assurance of a win a trial *Grimsley v. State* - barring further pro se filings *Ukaj v. State* - rule 3.800(c) motion *Henderson v. State* - barring further pro se filings *Davis v. State* - credit for jail time served *Booker v. State* - barring further pro se filings *Pula v. State* - barring further pro se filings *Grimsley v. Clerk of Court* - mandamus; judicial records *Martinez v. State* - public records request

Questions or comments about this page?

CLASSIFIED: Carlton Fields' Class Action Blog