Florida Appeals Court Decisions Week of December 8 - 12, 2025

U.S. Eleventh Circuit Court of Appeals

Settle v. Collier - § 1983, qualified immunity
Fairfield So v. OWC - Black Lung Benefits, statutory interpretation, underground mine
USA v. Cremades - drug distribution, evidence

Florida Supreme Court - Tallahassee

Loumpos v. Bank One - tenancies by the entireties
Walls v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee

State v. Rush - competency
Jett v. State - sentencing, Alleyne
Fla Roof Masters v. Page - standing, breach of contract

Second District Court of Appeal - St. Petersburg

Johnson v. State - sentencing
Rowe v. State - sentencing
Rivera v. State - postconviction relief
Russell v. Mells - amending pleadings; appellate sanctions, AI-generated brief

Third District Court of Appeal - Miami

Ruiz v. State - departure sentence
Kendrick v. State - prohibition, mistrial
Bien-Aime v. State - uncharged offenses, sentence
Hennington v. State - time served
Ocean Cap v. Obsidian - dismissal, service, due process
Fletcher v. Bd of Cnty Comm’rs - appellate jurisdiction, original judgment
Martinez v. Morey - eviction, determination of rent
Miami-Dade Cnty v. Martin - slip and fall, constructive notice
Merco v. Gen Computer - proceedings supplementary, receiver, insufficient record
Rivas v. Behar, Gutt & Glazer - probate, lack of prosecution
Espinosa v. State - postconviction relief
Garcia v. City of Homestead - action against state, notice

Fourth District Court of Appeal - West Palm Beach

Kenyon v. State - attempted murder
Snyder v. Ward - attorney’s fees, prevailing party
Universal v. Fleur - jury selection, authentication
Bryan v. Bryan - dissolution, findings
Lally v. Lally - parenting plan, modification
Gore v. Encarnacion - substitute service of process

Fifth District Court of Appeal - Daytona Beach

Brooks v. State - sentencing, Apprendi
Mackey v. State - interrogating statements, improper opinion
Martin v. Sater - certified question, en banc; marital settlement agreement, set aside

Sixth District Court of Appeal - Lakeland

Adams v. State - Anders appeal, court costs
JNS v. State - delinquency, dismissal of charges
Alape v. State - preservation, jury instructions
Figueroa v. Universal Prop - preservation, new argument on rehearing
Masson v. State - preservation, jury instructions
Saito v. Collier County - dismissal, final appealable order


The provided links above may be available for a limited time only, as courts sometimes relocate opinions on their websites. Should that occur, please use the “written opinions archive” links provided below each court header to search for the opinion using the case name. The availability of opinions through these channels may vary and is subject to the discretion of the courts.

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