Florida Appeals Court Decisions: Week of February 17 - 21, 2020
February 21, 2020
U.S. Eleventh Circuit Court of Appeals
Sow v. US – immigrationRoyal Palm Props v. Pink Palm Props – trademark
Jones v. Fla Gov – equal protection, injunction
Democratic Exec Cmte v. Nat Repub Sen Cmte – mootness, vacatur
Kondrat'yev v. City of Pensacola – standing, establishment clause
Florida Supreme Court - Tallahassee
Adv Op re Voter Approval - proposed constitutional amendmentFirst District Court of Appeal - Tallahassee
Brinson v. State - probation revocation, sex offender statusKyle v. Carter - timesharing; appellate jurisdiction, contempt
Flowers v. State - search and seizure
Starkes v. State - criminal defense, taxable costs
Patin v. Davis - stalking injunction
Nilio v. State - postconviction relief, trial court jurisdiction
Lindsay v. Edwards - mootness
Second District Court of Appeal - Lakeland
Gundel v. AV Homes - class action, homeowners associationNaples v. Ethics Naples - city charter, citizens’ initiative
Gage v. State - juvenile sentencing, certified conflict
VMOB v. DOR - sales tax assessments, penalty
DOR v. Bell - tax exemption, residency requirement, constitutionality
TRC v. State - burglary tools
Taylor v. State - postconviction relief
Third District Court of Appeal - Miami
Velazco v. State - testimony perpetuation; double jeopardy, certified conflictWaves of Hialeah v. Machado - undertaker’s doctrine; drug use evidence
People’s Trust v. Bravo - insurance, property repair, injunction
Cordeiro v. Alves - rehearing, new affidavit
Shipman v. Wells Fargo - foreclosure sale, vacatur
NC v. State - resisting without violence, evidence
Guillen v. PNC Bank - rule 1.540
Spradley v. DOC - venue, agency home
Goldstein v. Ellman - lack of transcript
Brown v. Brown - preservation of error
Davide v. State - mandamus
Rodriguez v. Children’s Home - pleading, pro se plaintiff
Vaz v. State - ineffective assistance, deportation
Davis v. Junior - habeas corpus, rule 3.133, hearsay evidence
Diaz v. State - ineffective appellate assistance, timely petition
Fourth District Court of Appeal - West Palm Beach
Quarles v. State – Miranda, waiverHousehold Fin Corp III v. Williams – foreclosure; attorney’s fees
Maclean v. State – lesser-included offense, instruction
State v. Sampaio – failure to return hired vehicle; statutory construction
Kostoglou v. Fortuna – charging order; LLC distributions
Oliver v. Winn-Dixie – slip and fall, constructive knowledge
Curtis v. Centauri Spec Ins – amount in controversy; circuit court jurisdiction
Kaiser v. Onlymoso – noncompete; temporary injunction bond
Fifth District Court of Appeal - Daytona Beach
State Farm v. Cadet - certiorari, appraiser, interest
Smith v. Cooper - error not argued
Carollo v. Henderson - certiorari, lis pendens, discharge
Rish v. State - postconviction relief
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