Florida Appeals Court Decisions: Week of March 19 - 23, 2018
March 19, 2018
U.S. Eleventh Circuit Court of Appeals
EEOC v. Exel - discrimination, vacaturEssex Ins v. Barrett Moving & Storage - Carmack Amendment
Woldeab v. Dekalb Cnty Bd of Ed - Title VII, leave to amend
US v. Johnson - search and seizure
Nice v. L-3 Comms Vertex Aerospace - collateral order, interlocutory review
Drummond Co v. Conrad & Scherer - interlocutory review, crime-fraud exception
CSX Transp v. Ala Dept of Rev - Revitalization and Regulatory Reform Act
Florida Supreme Court – Tallahassee
Gonzalez v. State - capital case, postconviction relief, Hurst Raleigh v. State - capital case, postconviction relief, Hurst
Gutierrez v. Vargas - treating physicians, one expert/specialty; rebuttal
Fla Bar v. Gilbert - attorney discipline
In re Std Jury Instr (Crim) - amended instructions
First District Court of Appeal – Tallahassee
Baker v. Economic Research - venue Gibbons v. State - felon with firearm
Williams v. State - judicial recusal, stating basis
Jefferson v. State - search and seizure
Davison v. Berg - injuries caused by dog
Wallace v. State - aggravated assault, cane
Second District Court of Appeal – Lakeland
Hubbard v. State - sentencing, Anders McFarlane v. State - intent to sell
Larry v. State - third-party confession
Bright House v. Cassidy - rule 1.442, proposal for settlement
Tracey v. Wells Fargo - conforming to evidence
State v. TAK - delinquency, probation revocation
Third District Court of Appeal – Miami
Mullen v. Bal Harbour - injunction, referendum, charter amendment Ctrl Carillon Bch CA v. Garcia - taxes, class action, defendant class, condominium
Fourth District Court of Appeal – West Palm Beach
Villanueva v. State - sentencing Addison Const v. Vecellio - satisfaction; set off
Biondi v. State - traffic citation; jurisdiction
Whynes v. American Security Ins - s. 626.9551(1)(d); force-placed insurance
Waverly 1 and 2 v. Waverly - condominium association; Declaration
Vieira v. Pennymac - foreclosure, lost note, standing, amendment
Rouffe v. Citimortgage - foreclosure, involuntary dismissal
Desantis v. State -- sentencing
Stein v. BBX Capital - shareholder claim; fraud; dismissal
Tenzer v. Guardianship of Tenzer - appellate jurisdiction
McGraw v. State - search and seizure
Washington Mutual Bank v. Miller - foreclosure; scope of mandate
Fifth District Court of Appeal – Daytona Beach
Roberts v. State - closing argument, fundamental error Castanos v. State - re-cross examination
Fletcher v. State - ineffective assistance
Brown v. State - ineffective assistance
Gimonge v. Gimonge - child pick-up order
Castro v. State - ineffective assistance
Anderson v. State - incorrect sentence, mootness
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