Florida Appeals Court Decisions: Week of May 27 - 31, 2019
May 31, 2019
U.S. Eleventh Circuit Court of Appeals
S&M Brands v. Georgia – Contract Clause, Equal Protection, immunityA&M Gerber Chiro v. GEICO – standing, class cert, insurance
Florida Supreme Court - Tallahassee
IIn re Std Jury Instr (Crim) - amended instructionsFirst District Court of Appeal - Tallahassee
Magnanua v. State - certiorari, depositionMcBee v. State - postconviction relief
Ephron v. State - probation revocation
Escambia v. Santa Rosa OA - tax, constitutionality, public official standing
MILA ALF v. AHCA - ALF license, denial, timing, grounds
Williams v. State - mandamus, rule 3.133(b)
Cooley v. State - Miranda, Williams rule evidence
Musselwhite v. Fla Farm Gen Ins - coverage, d/b/a designation, designated premises
Ford v. Fla Hosp - FCHR jurisdiction, hospitals
Second District Court of Appeal - Lakeland
Murphy v. State - sentencingWalker v. Walker - marital dissolution
Weitz v. State - double jeopardy
Shaw v. Shaw - alimony
Herrera v. State - sentencing
East Bay v. Estate of Djadjich - certiorari, discovery, privileges
Lee v. State - prison diet
Newby v. State - reverse Williams rule evidence
Franklin v. State - lesser included offense instructions
Arias v. Porter - pain and suffering, inadequate verdict
Tharp v. State - sentencing
Horowitz v. Horowitz - imputed income, alimony
EV v. DMVH - parenting plan
Sticky Holsters v. Wagner - corporate ownership
Third District Court of Appeal - Miami
Alonso v. de Zarraga - indirect criminal contemptS Shore Condo v. The 20 CA - premature appeal
Benefit Admin v. W Kendall Baptist - default judgment, excusable neglect
Rivera v. Rivera - marital home, partition
Toscano CA v. DDA Engineers - amending pleadings, construction/design defects
Wade v. State - petit theft
Dellano v. State - mandamus, prerequisites
Fourth District Court of Appeal - West Palm Beach
Carn v. State – alibi video; discovery violationJones v. State – substitution of counsel; eve of criminal trial
Farrell v. State – murder; self-defense
Cleveland Clinic v. Children’s Cancer – unjust enrichment; statute of limitations
Schot v. Schot – modification; parenting plan
Ellison v. State – hearsay; identification; surveillance video
Pembroke Pines v. Corrections Corp – sovereign immunity
Fifth District Court of Appeal - Daytona Beach
Manor House v. Citizens Prop Ins – consequential damages; appraisal and umpire feesBoffo v. State – community control, revocation
Hayes v. State – driving with revoked license; motion for judgment of acquittal
Godin v. Owens – paternity, child support, recusal
Hull v. Hull – relocation, minor children
Rosenhaim v. HMC Assets – foreclosure; reservation of jurisdiction, deficiency
Nero v. State – written order
Nazia v. Amscot – temporary injunction; construction, parking spaces
Jenkins v. State – community control, revocation
Maldonado v. Orange Cty Pub Library Sys – dismissal, negligence, strict liability
Rosen v. State – scrivener’s error
CTA v. State – juvenile commitment, findings
Abramowski v. State – Spencer bar, pro se
Payne v. State – postconviction relief
Evans v. State – Spencer bar, pro se
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