Florida Appeals Court Decisions: Week of January 27 - 31, 2020
January 31, 2020
U.S. Eleventh Circuit Court of Appeals
US v. Bane – procedural defaultWhite v. Lemma – three-strikes provision, frivolous claims
Glasser v. Hilton Grand – TCPA
US v. Cabezas-Montano – MDLEA, Miranda, Brady, sentencing
In re Dailey – AEDPA, habeas corpus
Johnson v. Miami-Dade Cnty - § 1983, Title VII, FCRA
Florida Supreme Court - Tallahassee
In re Fla R App P - amended rulesFirst District Court of Appeal - Tallahassee
Knighton v. State - new trial standardLa Galere Markets v. DBPR - alcohol, automated beverage machines
Martin-Godinez v. State - postconviction relief
Pickle v. Hale - contingency fees
King v. State - postconviction relief
Mobley v. Taylor - appellate jurisdiction
Stevens v. State - sentencing
Jackson v. State - evidence
State v. Fla Snr Liv Ass’n - rule challenge, ALFs, fees
Haupt v. Haupt - child support, income
Cook v. Cook Bros - judicial disqualification
Rogers v. State - certiorari, Stand Your Ground
Cave v. State - postconviction relief
Second District Court of Appeal - Lakeland
Riley v. State - direct criminal contemptJones v. US Bank - foreclosure, standing, mortgage, fees
Taneja v. Saraiya - derivative action, SLC, discovery
HSBC v. Sherman - foreclosure, paragraph 22
Bayfront v. DOH - trauma center application
Lobb v. State - resisting arrest, Marchman Act
Lane-Hepburn v. Hepburn - marital dissolution, default
Routenberg v. State - ineffective appellate counsel
NC v. DCF - certiorari, forced immunizations
Third District Court of Appeal - Miami
Four Ambassadors v. Vice City - contract claimsCS v. State - grand theft, value
Rawls v. State - postconviction relief
Yam Export v. Nicaragua Tobacco - arbitration
Aguilo v. Am Sales - rule 1.420, costs
Bahad v. Christiana Trust - foreclosure, sale, mootness
Citizens v. Schwiep - county ordinance, board membership
Berki v. State - appellate jurisdiction
Alvarez-Mejia v. Bellissimo Props - appellate jurisdiction
Esslinger-Wooten Maxwell v. Lones Fam - broker, procuring cause
Cellfus Ent v. Perez - service of process
Fourth District Court of Appeal - West Palm Beach
Fla Ins Guaranty Assoc v. Rubin—attorney’s fees, insuranceAlexander v. State—jury instruction, obscenity
Nelson v. State—competency hearing
Bynes v. State—pro se sanction
Clark v. Meizlik—parenting plan
Fifth District Court of Appeal - Daytona Beach
Orange Cty v. Ferguson – negligence, directed verdict, new trialWillis v. State – postconviction relief, special concurrence
Frantz v. EM Paving – garnishment, deficiency judgment
State v. Miller – postconviction relief
Downs v. State – postconviction relief
Velez v. State – Spencer bar, pro se
Gore v. State – Spencer warning, pro se
Fox v. Hamptons Condo Assn – Spencer warning, pro se
Chester v. State – Anders appeal, investigative costs
Rittirucksa v. Rogers – summary judgment, confession of error
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