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Florida Appeals Court Decisions: Week of December 10 - 14, 2018
December 15, 2018

U.S. Eleventh Circuit Court of Appeals

Guillen v. US – immigration, controlled substances
Caron v. NCL (Bahamas) – subject matter jurisdiction, negligence
Carbone v. CNN – anti-SLAPP
Freyre v. Chronister – sovereign immunity

Florida Supreme Court - Tallahassee

Shelly v. State - Miranda, right to counsel
Martin v. State - hazing prohibition, constitutionality
State v. Lewars - prison release reoffenders
Lee v. State - double jeopardy
State v. Peraza - law enforcement, immunity
In re Fl R Traffic Ct - amended rule
In re Fam L R Pro - amended rule
Rodriguez v. State - sentencing, Hurst
Jones v. State - sentencing, Hurst
In re Fla Std Jury Instr (Crim) - amended instructions
In re Fla Std Jury Instr (Crim) - amended instructions
In re Fla Std Jury Instr (Crim) - amended instructions

First District Court of Appeal - Tallahassee

Bass v. State - jury interview, gruesome photo, resisting officer
Scott v. State - sentencing
US Fire v. Hackett - workers’ compensation
Schroll v. Schroll - contempt, equitable distribution
Heard v. DOC - certiorari, gain time, ex post facto challenge
Rawson v. Gulf Coast Prop Mgmt - s. 57.105, rent proceeds
Little v. Davis - Murphy, attorney misconduct
Erskine v. Erskine - magistrate report, exceptions; alimony
Faison v. State - appellate jurisdiction
Golden v. Tanzler - telephonic appearance, prisoner
Sims v. State - ineffective assistance, double jeopardy, sentencing
State Farm v. Hanania - negligence, inference stacking
Gear v. State - dog tracking evidence
Elswick v. State - Faretta inquiry
Hansen & Adkins Auto v. Martin - workers’ compensation
Hill v. State - postconviction relief
Dettelbach v. DBPR - public records, pending proceeding
Johnson v. State - sentencing, prison release reoffenders
St Lucie FCRD v. Fla Municipal - workers’ compensation
Crown v. Prendiville - workers’ compensation
Mathis v. State - workers’ compensation

Second District Court of Appeal - Lakeland

Bravo v. State - community control revocation
Strickland v. Pinellas - dangerous animals, declaratory relief
Bing v. State - postconviction relief
Drossos v. State - Stand Your Ground; certified conflict
Tate v. Tate - domestic violence injunction
Bro v. Bro - equitable distribution

Third District Court of Appeal - Miami

White v. Ring Power - expert testimony, Frye; Binger
Rosen v. Harborside - loan guaranty, release
Sweeting v. State - closing argument, burden of proof
State v. Brown - search and seizure
Hayes Robertson v. Cherry - expert testimony, Daubert/Frye
Libman v. Fla Wellness - appellate jurisdiction

Fourth District Court of Appeal - West Palm Beach

Philip Morris v. Martin – punitive damages; comparative fault
Brown v. State – waiver; juvenile court; jurisdiction
Kenney v. Goff – alimony
Vento v. Balboa Ins – failure to amend; sanction; Kozel
McAbee v. McAbee – child custody; UCCJEA
Talcott Resolution v. Harford Life – structured settlement; enforcement
Rodriguez v. Wilmington Savings – foreclosure; attorney’s fees; standing

Fifth District Court of Appeal - Daytona Beach

Clarke v. State – sexual battery, mentally defective, certified question
Smith v. State – first degree murder, wiretap
CB Contractors v. Allens Steel – construction; indemnification, contractual, common law
Walsh v. Walsh – marital settlement agreement, contempt, enforcement
State v. Archer – criminal; suppression, plain view, exigency  
Brown v. Poole – life insurance, constructive trust, statute of limitations
SS v. State – restitution, evidence
Vanacore Constr v. Osborn – compel arbitration
Smith v. State – postconviction relief
Hodge v. State – Spencer warning
Nemours Foundation v. Arroyo – certiorari, attorney-client privilege  
Edwards v. State – postconviction relief
Sledge v. State – Spencer sanctions
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