Florida Appeals Court Decisions

U.S. Eleventh Circuit Court of Appeals

USA v. Charles - sentencing
Miller v. Ramirez - qualified immunity, deferring ruling
Chapman v. Dunn - prison conditions, Eighth Amendment
USA v. Horn - securities fraud, mail/wire fraud, evidence, sentencing

Florida Supreme Court - Tallahassee

Fla Bar v. v. Farah - attorney discipline, Engle progeny
In re Fla Prob R - amended rules

First District Court of Appeal - Tallahassee

Ninja Academy v. FDACS - administrative review, appellate jurisdiction
Ash v. State - Sixth Amendment, right to counsel
Underhill v. Ethics Comm’n - ethics violations, review
Portee-Jones v. Portee - contempt
Swenson v. Wal-mart - fraud on the court
Tanksley v. State - restitution
McElwain v. State - mandamus, sentencing records
Kendrix v. Kulp - personal jurisdiction
Hill v. State - sentencing
Vo v. Scottsdale - insurance, § 624.1551, retroactive application
Global Hookah v. DBPR - tobacco products, taxable tobacco
Williams v. DOC - mandamus, personal property return
APD v. Toal - Whistleblower’s Act, noneconomic damages, sovereign immunity
McDonald v. State - ineffective assistance, appellate counsel

Second Distric Court of Appeal - St. Petersburg

No decisions this week.

Third District Court of Appeal - Miami

RJ Reynolds v. Dubins - hearsay exceptions
Hatcher v. State - probation violation, presentence investigation
Anytime Restoration v. Citizens - policy interpretation, dwelling
Martinez v. City of Miami - preservation, rehearing
Torres v. State - probation revocation, evidence
Citizens v. Avila - directed verdict, jury instructions, invited error
Ortega v. JW Marriott - premises liability, dangerous condition, expert testimony
Jacobs v. Jacobs - clarification, order granting motion to dismiss, appellate jurisdiction
Smith v. Miami-Dade Cnty Sch Bd - demotion, due process, evidence
Music Royalty v. Am Soc’y of Composers - declaratory judgment claim, accrual, notice
State v. Piedrahita - sentence modification, timeliness
Aguirre v. Andrukiebich - child support, guidelines
Pesantes v. Kelley - attorney’s fees, contract interpretation
Moncada v. Best One- attorney’s fees, evidence
Bouquet v. Jones - contempt, evidence, insufficient record
Phara v. Robert - child support, financial disclosure
Bois v. State  - illegal sentence, presentence investigation
Galvez v. CIT Bank - order granting motion to dismiss, appellate jurisdiction
Lake Worth v. KA Masonry - forum selection, non-signatory
Sala v. Wood - timesharing, modification, evidence
Moss & Assoc’s v. Peterson - certiorari, stay, presuit notice
High Rd Constr v. Peegz I - certiorari, lis pendens, court deposit
BD v. DCF - prohibition, disqualification of judge, ex parte communication

Fourth District Court of Appeal - West Palm Beach

Pescatore v. Fernandez - preservation, timely objection
Tesla v. Banner - punitive damages, products liability
Good Air v. Litecrete - FDUTPA, fraud
State v. Saravia - probable cause, DUI
Thomas v. State - statistical analysis
Roberson v. Pompano - discrimination, summary judgment
Johnson v. State - post conviction relief

Fifth District Court of Appeal - Daytona Beach

Fucci v. State - Anders appeal, public defender application fee
Black v. State - withdraw plea, consecutive sentences
Carnley v. State - DUI manslaughter, competency, cost of prosecution
Settle v. State - Anders appeal, cost  
Canada v. State - Anders appeal, probation revocation, written order
Hurta v. State - Anders appeal, probation revocation, costs
Guardian ad Litem v. DCF - certiorari; minor, modify placement  

Sixth District Court of Appeal - Lakeland

Thomas v. State - sentencing
McDermott v. State - postconviction relief

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