Florida Appeals Court Decisions: Week of August 20 - 24, 2018
U.S. Eleventh Circuit Court of Appeals
AL v. Walt Disney Parks - ADA
US v. McIntosh - civil commitment
W Ala Women's Ctr v. Williamson - abortion
Walker v. City of Calhoun, Ga - bail
Meders v. Warden - ineffective assistance
McGinnis v. Am Home Mortg Servicing - punitive damages
Ft Lauderdale Food Not Bombs v. Ft Lauderdale - § 1983, 1st Amendment
Waite v. AII Acquisition - personal jurisdiction
Cableview Comms of Jax v. Time Warner Cable SE - settlement validity
Florida Supreme Court – Tallahassee
No decisions this weekFirst District Court of Appeal – Tallahassee
SB v. DCF - untimely appealBoatman v. Hardee - election, qualifying fee
Trussell v. State - theory not charged
Charles v. State - circumstantial evidence, murder, burglary
Johnson v. State - search and seizure, police dog,
McKire v. State - drug possession
Baugh v. State - sentencing
Wallace v. State - postconviction relief, fraud on court
Gonzalez v. State - juvenile sentencing
Senopoulos v. Senopoulos - personal representative, selection
St Onge v. Carriero - child support, contempt
Gomez-Cortes v. AHCA - administrative review, evidentiary hearing
Shands v. Pusha - certiorari, medical records
Progressive v. Neurology Part - second-tier certiorari, standard
Second District Court of Appeal – Lakeland
Parmley v. DCF - administrative disqualificationDerouin v. Univ Am Mort - foreclosure, face-to-face meeting
Stoddard v. State - postconviction relief
Cooley v. Cooley - equitable distribution
Martinez v. State - trial court jurisdiction, clarification motion
Gordon v. Fishman - probate, beneficiaries
Mendoza v. State - probation violation
Franklin v. State - ineffective assistance, manslaughter instructions
Robinson v. Marek - rule 1.420, failure to prosecute
Third District Court of Appeal – Miami
Citizens v. Laguerre - insurance, fee multiplierChakra 5 v. Miami Bch - administrative dissolution, effect; due process
Carroll v. Goll - paternity, child support
Salgado v. Suyapa-Jimenez - appellate jurisdiction, subsequent order
Safari Tours v. Pasco - auto repair, storage fees,
Broz v. Clark - settlement agreement, enforcement
Deutsche Bank v. Garcia Del Busto - foreclosure, vacatur, rule 1.540
911 Dry Solutions v. Fla Fam Ins - second-tier certiorari, appraisal
Baratta v. Costa-Martinez - indirect criminal contempt
Fourth District Court of Appeal – West Palm Beach
Johnson v. State - Melbourne; peremptory challengeWilliams v. State - criminal liability; death; intervening cause
Coleman v. State - probation violation
Torres v. Bank of NY - foreclosure; attorney’s fees; costs
Sacks v. Bank of NY Mellon - foreclosure; business records
Carter v. Grumet Trust - complaint; amendment
Westmount Fin v. Courtney Prop - counterclaim; severance; certiorari
Granger v. State - sentencing
Fifth District Court of Appeal – Daytona Beach
Roe v. State - ineffective assistance, trialPMT NPL v. Centurion Sys - foreclosure, standing
Hart v. State - withdraw plea
Fields v. Fields - dissolution, set aside
Stucky v. State - DNA testing
Mackey v. State - postconviction relief
Green v. State - postconviction relief
Murray v. State - postconviction relief
Exalisse v. State - postconviction relief
Linville v. State - belated appeal, denial