Florida Appeals Court Decisions: Week of December 17 - 21, 2018

Share on Facebook Share on X Share on LinkedIn Share via Email Download PDF

December 22, 2018

U.S. Eleventh Circuit Court of Appeals

Friedenberg v. Palm Beach Cnty Sch Bd - suspicionless drug testing

Florida Supreme Court - Tallahassee

Fla Bar v. Kinsella - attorney discipline
State v. Murray - capital case, postconviction relief
King v. State - capital case, postconviction relief
Ruiz v. Tenet - proximate cause
Allen v. State - capital case, postconviction relief
Gosciminski v. State - capital case, postconviction relief
Rivera v. State - capital case, postconviction relief
Lee Memorial v. Progressive - healthcare liens, contractual impairment
McCloud v. State - witness tampering
Robinson v. State - capital case, postconviction relief
Cartenuto v. Justice Admin Comm’n - capital case, attorney’s fees
Brown v. State - sentencing
Taylor v. State - capital case, postconviction relief
Marts v. Jones - pro se sanctions
In re Std Jury Instr (Crim) - amended instructions
In re Std Jury Instr (Crim) - more amended instructions
In re Std Jury Instr (Crim) - more amended instructions
In re Std Jury Instr (Civ) - new instructions, fiduciary duty
In re Std Jury Instr (Civ) - new instructions, emotional distress

First District Court of Appeal - Tallahassee

Mobley v. State - Medicaid lien
Whisby v. State - collateral crimes evidence
Wilson v. State - undisclosed expert
King v. State - sentencing
RJ Reynolds v. Whitmire - Engle progeny, fraudulent concealment
Counsil v. Anderson - domestic violence injunction
Wippel v. RAAC - administrative appeal, timeliness
Manning v. State - drug trafficking, knowledge
Williams v. FCOR - certiorari, parole release
Teehan v. Fla E Coast Ry - FELA, limitations
Jacksonville Bch v. BCEL 4 - city planning, judicial remedies
Heartland Exp v. Farber - post-judgment interest
Hall v. State - child abuse
AP v. DCF - parental rights, termination
Hutchinson v. State - untimely appeal
Mayers v. State - prohibition; Stand Your Ground; certified conflict

Second District Court of Appeal - Lakeland

Turner v. State - community control revocation
Cert’d Windshield v. GEICO - insurance, fees, review standard
Miley v. Dunn - sexual violence injunction
Abdo v. Abdo - personal jurisdiction
Haskell v. Haskell - appellate jurisdiction

Third District Court of Appeal - Miami

Space Coast CU v. Goldman - foreclosure, intervention
Westchester Fire v. Kosoki Painting - construction, change orders
Westchester Fire v. Kesoki Painting - attorney’s fees, lack of transcript
Chiong Cortes v. State - sentencing
Citimortgage v. Porter - real property, mortgage priority
Llanso v. Gomez de Cordova - rule 1.540, jurisdiction pending appeal
Progressive Waste v. Britt - void judgments
GMR v. DCF - parental rights, termination
Rey v. State - prison credit
Jacobsen v. Busko - certiorari; guardianship counsel
Fla Wellness v. Feldman - certiorari; circuit court appeal, dismissal
Local Door v. Mayers - appellate jurisdiction, indemnification order
Owens v. State - pro se sanctions
Elias v. State - post-trial release

Fourth District Court of Appeal - West Palm Beach

Johnson v. State - Melbourne procedure
Rosario v. State - sentencing
Fox v. Fox - alimony, findings, en banc
Sacks v. Bank of NY - foreclosure, payment history
Janoura Partners v. Palm Beach Imports - injunction, easement
Owens v. State - closing, statement of law
Imerys Talc v. Ricketts - personal jurisdiction
Seminole Lakes HOA v. Esnard - proximate causation
State v. Estime - statute of limitations, extension
Culbertson v. 21st Mortgage - foreclosure, amounts owed
Johnson v. Townsend - probate, community property rights, certification
Martinec v. Early Bird Int’l - deficiency judgment
Rodriguez v. Altomare - expert testimony, fees
Fox v. DCF - work exemption
Sky Zone v. Weekly - arbitration, effective review
Baldwin v. Willet - temporary injunction, constructive trust
Hoskins v. State - jail credit

Fifth District Court of Appeal - Daytona Beach

Citizens v. Thorne - homeowner’s insurance, sinkhole
State Farm v. Wallace - UM benefits
MacGregor v. Daytona Intl - negligence, summary judgment
EM v. State - concession of error, written order
EP v. Hogreve - legal malpractice
Strong Portfolio v. GMAC - foreclosure, conflicting orders
Staten v. State - probation violation
Howard v. State - attempted manslaughter, scrivener’s error
King v. State - postconviction relief
Progressive v. Bigney - certiorari; dismiss, nonjoinder
Taylor v. DOR - lack of transcript
Bozada v. State - ineffective assistance, trial
Smith v. State - postconviction relief
Ayeni v. State - jail credit
Franceschi v. State - sentencing

©2025 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.