Florida Appeals Court Decisions: Week of March 2 - 9, 2018
March 02, 2018
U.S. Eleventh Circuit Court of Appeals
Burkhart v. RJ Reynolds - Engle progenyShaw v. City of Selma - § 1983, qualified immunity
US v. Nelson - Sixth Amendment
Tobinick v. Novella - attorney's fees, Lanham Act
Florida Supreme Court – Tallahassee
In re R Reg Fla Bar - attorney advertising rules Victorino v. State - capital case, postconviction relief
In re Std Jury Instr (Crim) - amended instructions
Guardado v. State - capital case, postconviction relief
In re Std Jury Instr (Crim) - amended instructions
First District Court of Appeal – Tallahassee
TR & SNF v. AHCA - licensure, nursing home Jones v. Jones - equitable distribution
Kines v. State - fundamental error, police interview
Ervin v. State - extortion
Ringenberg v. Ringenberg - family law, attorney's fees
Adkison v. Morey - preservation of error, invited error
Lake City Fire v. Lake City - arbitration, vacating award
Tallahassee Mem v. Dukes - certiorari, discovery, audit records
Second District Court of Appeal – Lakeland
Baskin v. State - police interview, due process Givens v. Holmes - stalking injunction
State v. Robinson - certified conflict; stay of mandate
Cuevas v. State - juvenile sentencing
State v. Carrier - constitutionality, forging animal health document
Crescenzo v. Simpson - probate, will, caveat
Daskalopoulos v. Citizens - trying unpled issue
Stern v. State - sentencing, Graham
Third District Court of Appeal – Miami
Loor v. State - appellate jurisdiction, vacating opinion Ashear v. Sklarey - tax deed, attorney's fees
Fincantieri-Cantieri v. Yuzwa - personal jurisdiction
Nationstar v. Silva - foreclosure, ¶ 22
Parrondo v. State - instructions, omitted element
Perez v. State - ineffective assistance
Muhtar v. Wilmington Sav - foreclosure sale, vacatur
IB v. State - resisting officer
FDOT v. Sarnoff - home venue privilege
Meskinoff v. FQ Backyard - eviction, subject matter jurisdiction
Fourth District Court of Appeal – West Palm Beach
London v. State - burglary; Miranda; double jeopardy Tequesta v. Luscavich - FRCA; retaliation
Theophile v. State - sentencing
Castaneda v. Castaneda - alimony arrearage, amount
Wal-Mart v. Thornton - remittitur
Lizano v. State - sentencing
Citigroup Mortgage v. Scialabba - foreclosure; condition precedent; notice
Jones v. State - fraud; credit card
Desai v. Bank of NY Mellon - foreclosure; statute of limitations; res judicata
CSC Serviceworks v. Boca Bayou - unlawful detainer
Nationstar v. Martins - foreclosure; attorney's fees
Lakmaitree v. 21st Mortgage - foreclosure; attorney's fees
Albassam v. Klob - Rule 1.540; foreign divorce
Waterview Towers v. West Palm Beach - attorney's fees
IB v. Adoption of ZES - adoption; parental rights
Joshua v. State - judge; disqualification
Boothe v. US Bank - jurisdiction pending appeal
Fifth District Court of Appeal – Daytona Beach
Faris v. Southern-Owners - dismissal, Kozel factors Deutsche Bank v. Miller - foreclosure, limitations
Connolly v. State - double jeopardy
DCF v. Kamaluddin - certiorari, involuntary commitment
DW v. State - certiorari, competency
Sparrow v. State - habeas corpus, bond
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