Florida Appeals Court Decisions: Week of December 2-6, 2024

U.S. Eleventh Circuit Court of Appeals

USA v. Simmons - playing video in closings
Nehme v. Fla Int’l Univ Bd of Trustees - ADA, medical school
USA v. Graham - RICO saga, search and seizure, jury selection, evidence, more

Florida Supreme Court - Tallahassee

In re Fla R Civ P - important rules amendments effective 1/1/25
In re Fla R Civ P - amended summary judgment rule, new conferral rule
Randolph v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee

Gianino v. State - collateral crime evidence
MLK v. DCF - § 92.55(2), protecting victims and witnesses
Harris v. State - evidence, photos, texts
Oracle Am v. DOR - excess sales taxes and local surtaxes
Baxter v. Baxter - marriage, bigamy, estoppel
Jones v. State - scrivener’s error
Gigsby v. Grigsby - child relocation
Williams v. Dixon - appellate jurisdiction, granting motion to dismiss

Second District Court of Appeal - St. Petersburg

Evanston Ins v. Glasbrenner - settlement, challenge by non-party, binding effect
Walker v. Bankers Life - long term care insurance, coverage
KMG v. Heart of Adoptions - certiorari, order staying dependency proceedings
Hillsborough v. Dibbs - second-tier certiorari, rezoning application

Third District Court of Appeal - Miami

Diaz v. Alvarez - evidence, prior claim, hearsay, closing
Greason v. Rolling Green Condo - insufficient record
Allstate v. Abramson - statutory interpretation, PIP, limitation of reimbursement
Citizens v. Arias - exclusions, admissibility of expert testimony
Marin v. State - replacement of juror, excited utterance, jury instructions
Fernandez v. Old Republic - duty to defend, exclusions
Jilla v. Lucas-Jilla - insufficient record
Mt. Hawley v. Schmid Constr - appellate jurisdiction, unresolved count
Tufenkjian v. State - verdict, evidence
Lima v. Gargano - summary judgment, no findings
Pulles v. Onorato - specific performance, late jury trial demand
Hussing v. Zuckerman - insufficient record
Dorvil v. Atwell - custody, home state, evidentiary hearing
Schofield v. Monroe Cnty - code enforcement lien, due process, laches
Vill of Palmetto Bay v. Miami-Dade Cnty - construction project, procedural requirements
Pickett v. State - postconviction relief
Keystone Towers CA v. Rahimi - insufficient record 
Cora v. DBPR - contractor’s license, probation, no evidentiary hearing
Jordan v. State - ineffective assistance, venue
Barcelo v. Little Paket - punitive damages, leave to amend, evidence
Gutierrez v. Gutierrez - order to show cause, pro se filings
Baptist Hosp of Mia v. Llauro - certiorari, exclusion of evidence

Fourth District Court of Appeal - West Palm Beach

Williams v. State - habitual offender
Dimitrion v. State - sentencing, costs
Music v. State - Williams rule
Cruz v. Garcia - Hague petition, minor child
Pompano Beach v. Coral Rock Dev - sovereign immunity, Fair Housing Act

Fifth District Court of Appeal - Daytona Beach

GEICO v. Tsao - new trial; uninsured, underinsured tortfeasor
Thomas-Jones v. Jones - relocation, minor children, attorney’s fees
Corral v. State - probation revocation
Ruffin v. State - Anders appeal, costs
McHugh v. McHugh - dissolution, equitable distribution
Shultz v. Johnson - tortious interference, family trust
Borders v. Harris - judgment, appeal, jurisdiction, garnishment
Giles v. State - Anders appeal, probation revocation, written order
Clark v. S State Bank - foreclosure, pre-acceleration notice
Smith-Fullerton v. Fullerton - certiorari; personal financial information
Raven v. State - Anders appeal, corrected judgment
Kincaid v. Kincaid - dissolution, equitable distribution, alimony
DCF v. JD - concession of error
DLD v. State - certiorari; incompetency, involuntary commitment

Sixth District Court of Appeal - Lakeland

Matragrano v. Windsong Club Apartments - summary disposition


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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