Florida Appeals Court Decisions: Week of May 14 - 18, 2018
May 14, 2018
U.S. Eleventh Circuit Court of Appeals
Williams v. Mosaic Fertilizer - toxic tort, DaubertUS v. Knowles - identity theft, unauthorized access
Ovalles v. US - en banc
Chmielewski v. City of St Pete Beach - condemnation
Prison Legal News v. Fla DOC - 1st Amendment, due process
Sopo v. US Atty Gen - habeas corpus, mootness
Florida Supreme Court – Tallahassee
FROP v. Miami - union, financial urgency, constitutional challenge Walton v. State - capital case, postconviction relief
Koppel v. Ochoa - rule 1.090, settlement proposal, extension of time
Sierra Club v. Brown - electric utility rates, settlement
Alston v. State - capital case, postconviction relief
Andrews v. State - ex parte pro se filings, pro bono counsel
First District Court of Appeal – Tallahassee
Stoffel v. State - molestation, lesser included, battery Copeland v. State - search and seizure
O'Steen v. State - postconviction relief
Brown v. State - suppression order, no findings
Highwoods v. Milar - indemnification, Mary Carter settlement
Crenshaw v. State - grant theft, intent; moot sentencing appeal
Robinson v. State - double jeopardy
Thompson v. State - probation revocation
Johnson v. State - double jeopardy
Archie v. State - appellate jurisdiction
Sherman v. State - double jeopardy
Dygart v. State - double jeopardy
Kellum v. State - newly discovered evidence
Rodriguez v. Nicolitz - medical malpractice, presuit notice
Harbor Freight v. Whitehead - workers' compensation
Boulineau v. DHSMV - second-tier certiorari, driver's license revocation
Second District Court of Appeal – Lakeland
Jennings v. State - sentencing Brooks v. State - confession, admissibility
DD v. State - delinquency, theft, value
Myers v. State - postconviction relief
Raissi v. Valente - condominium expenses, summary judgment
Persaud v. Persaud - alimony, child support
State Farm v. MRI Assoc - PIP, medical expenses, certified question
3d Fed S&L v. Koulouvaris - foreclosure, authentication
Third District Court of Appeal – Miami
Roberts v. State - requested opinion, preservation Pacheco v. Gonzalez - rule 1.442, settlement proposal
Hernandez v. State - sentencing
State Farm v. Xirinachs - insurance, law of the case
Lindemuth v. State - interfering with custody, entice
TM Wireless v. All Commerce - sales contract or joint venture
Semerena v. Aetna - voluntary dismissal after court-ordered dismissal
Miami v. Miami FROP - unfair labor practice
Perlberg v. Lubercy Asia - appellate jurisdiction
Bajcar v. Bajcar - certiorari, contempt
Rivero v. Farach - certiorari, confidential records
Fourth District Court of Appeal – West Palm Beach
Vassor v. State - premeditation Chavis v. State - sentencing; costs
Pierre v. State - preservation
Walker v. State - oral pronouncement
McGraw v. State - certified question; blood draw; consent
Charles v. State - competency
Fla Research Inst v. Dillon - membership; termination; notice
McCullough v. State - postconviction relief
Henion v. State - sentencing
De La Rosa v. Fla Peninsula Ins - timely report; prejudice
Fazio v. Fazio - marital settlement agreement
Sealy v. Sealy - mediated settlement agreement; remedy
Davis v. Davis - dissolution; findings
Scarcinci v. Christiana Trust - foreclosure; standing; damages
Hernandez v. State - competency
Molina v. Valenzuela - injunction; stalking; mootness
Heard v. Perales - imputed income
Buhler v. State - speedy trial rule
Haspel v. State - postconviction relief
State v. Kersting - presence; criminal proceeding
Fifth District Court of Appeal – Daytona Beach
Madl v. Wells Fargo - attorney's fees; contract RR v. New Life Comm Church - limitations; negligence
Hicks v. Am Integrity Ins - PCA; precedential value
Burney v. State - competence; stipulation
Blocker v. State - postconviction relief
Doby v. State - belated appeal
Hill v. Hill - disqualification
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