Florida Appeals Court Decisions: Week of September 24 - 28, 2018
September 29, 2018
U.S. Eleventh Circuit Court of Appeals
Patel v. Spec Loan Servicing - filed-rate doctrinePictet Overseas v. Helvetia Trust - arbitrability, FINRA
JW v. Birmingham Bd of Ed - § 1983, qualified immunity, standing
Smelter v. S Home Care Servs - Title VII
Gogel v. Kia Motors Mfg - Title VII
Randolph v. US - ACCA, habeas corpus
Barton v. US - immigration
Sierra v. City of Hallandale Beach - ADA, exhaustion
Chamblee v. Florida - habeas corpus, AEDPA
Florida Supreme Court - Tallahassee
Wright v. State - USSC remand, capital sentence, intellectual disabilityFla Bar v. Bosecker - attorney discipline
Newton v. Caterpillar Fin Servs - dangerous instrumentalities, loaders
In re Fla Std Jury Instr (Crim) - amended instructions
In re Fla Std Jury Instr (Crim) - more amended instructions
In re Fla Std Jury Instr (Crim) - still more amended instructions
In re Fam L Forms - amended form
In re Fam L Forms - deleted forms
In re Fla Prob R - rules amendments
First District Court of Appeal - Tallahassee
Cherry v. Viker - appellate attorney’s fees, § 61.16Okposio v. Barry Univ - Fla Civil Rights Act, public accommodation
BE v. State - delinquency, competency
JSC v. TIR - premature appeal
CC v. DCF - mandamus, requirements
TW v. DCF - appellate jurisdiction, parental rights termination
Second District Court of Appeal - Lakeland
Washington v. State - juvenile sentencingWaterman v. State - Miranda, competence
Third District Court of Appeal - Miami
Aquasol CA v. HSBC - appellate counsel sanctionsOcean Harbor Ins v. MSPA - class certification, Medicare Secondary Payer Act
SB v. State - burden-shifting examination
Ruiz v. Policlinica Metro - rule 1.442, proposal for settlement
Levy v. Ben-Shmuel - damages, failure to prove; en banc
Lindor v. Fla E Coast Ry - personal representative, substitution
Toiran v. State - prohibition, Stand Your Ground
Driessen v. Univ of Miami Law - legal malpractice, standing
Amerisure v. Rodriguez - certiorari, third-party spoliation action, accrual
Haas v. Yousef - prohibition, judicial disqualification
Fourth District Court of Appeal - West Palm Beach
Dinnerstein v. DOH - sovereign immunity, med malPerry v. State - instruction, abnormal mental conditions
Rodgers v. Deutsche Bank - foreclosure, legal description
Rodriguez v. State - prohibition, speedy trial
Natl Millwork v. ANF Group - arbitration, public policy
Fifth District Court of Appeal - Daytona Beach
State Farm v. Ferranti - car accident, causation, prior conditionVitaliy v. Wells Fargo Bank - foreclosure, default letter
Taylor v. State - molestation, collateral crime
Pirie v. State - postconviction relief
Barros v. State - postconviction relief
De La Cruz v. State - jail credit
EL v. DCF - concurrence, parental rights, termination
©2024 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.