Florida Appeals Court Decisions: Week of January 4 - 8, 2021
January 09, 2021
U.S. Eleventh Circuit Court of Appeals
USA v. Kushmaul - sentencingGarcia v. USA - postconviction relief
Florida Supreme Court - Tallahassee
Wright v. State - capital case, postconviction reliefIn re Fla R Crim P - amended rule, contempt
First District Court of Appeal - Tallahassee
Maganua v. McNeil - habeas corpusCooper v. State - right to counsel, waiver
Maxwell v. State - competency for trial
Black Knight v. PennyMac - arbitration, waiver
Davis v. State - amending initial brief
Bonifay v. State - sentencing
Milne v. Inch - inmate claims, liens
Minton v. State - appellate jurisdiction
Hart v. State (12/31) - juvenile sentencing
AHF MCO v. AHCA (12/31) - bid protest, standing
Pearce v. State (12/31) - competency for sentencing
Cristin v. Everglades Corr Inst (12/ 31) - workers' compensation
Smith v. State (12/ 31) - probation revocation
Mills v. State (12/ 31) - second-tier certiorari, judicial disqualification
Mills v. State (12/ 31) - postconviction relief
Second District Court of Appeal - Lakeland
Tanner v. State - right to silence; evidence, cell phone password, hearsaySchwoerer v. State - double jeopardy
Holder v. State - probation revocation
Abdo v. Abdo - prohibition, deviation from mandate
Tanner v. Hart - certiorari, discovery, medical records
Flint v. State - sentencing
State Farm v. Parrish - disinterested appraiser, final order; certified conflict
N Trust v. Est of Walker - probate, appellate jurisdiction
Williams v. State - postconviction relief
State v. Fernandez - search and seizure, standing
Money v. Home Perf Alliance - FDUTPA, attorney's fees, settlement
Algiere v. State - probation revocation
Pagan v. State - sentencing
Deaterly v. Jacobson - certiorari, punitive damages
Third District Court of Appeal - Miami
Glickman v. Kindred Hosp - security services, duty to others, summary judgmentFrank v. Frank - equitable distribution, alimony, findings
Sejas v. Paredes - appellate jurisdiction, fee award without amount
Garcia v. Espinosa-Garcia - alimony, child support, parenting plan
Buy & Sell Fitness v. Villalba - venue
Jackson Health v. Louis - prohibition, employment, failure to exhaust remedies
Fourth District Court of Appeal - West Palm Beach
Cuevas v. State - clergy communication privilegeBrown v. State - missing transcript, suppression hearing
Saffold v. State - sentencing
Vasata v. State - theft, intent
Petroleos Mexicanos v. Rodriguez - arbitration, parties bound, waiver
Jacocks v. Capital Commercial - arbitration, parties bound
Oakmont Custom Homes v. Billings - arbitration, parties bound
Harris v. State - sentencing
Gleman v. MWH Americas - fraud on the court, sham pleading
Campbell v. Riggs - civil theft, summary judgment
Hunter v. State - aggravated assault; civil mischief
State v. Huntley - child abuse, intent, stacking inferences
Elalouf v. School Board, Broward Cnty - preservation; release, ambiguity
Nunes v. Herschman - § 92.57, witness, "judicial proceeding"
Fifth District Court of Appeal - Daytona Beach
Calabrese v. State - sentencingEst of Isenberg v. Smith Equities - rule 1.525, timeliness
Tolliver v. State - postconviction relief
Pace v. Pace - contempt
Jimenez v. Perez - parental relocation; lack of transcript
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