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Florida Appeals Court Decisions: Week of August 21 - 25, 2023

U.S. Eleventh Circuit Court of Appeals

DH Pace v. OGD Equip - Lanham Act, unfair competition, right to sue
Brooks v. Miller - summary judgment standard, dash-cam recording
Eknes-Tucker v. Ala Gov - medical treatment, gender identity, constitutional challenge

Florida Supreme Court - Tallahassee

Tomlinson v. State - extortion, maliciously threatens
In re Fla R Civ P 1.351 - nonparty subpoena rule, new response time
In re Fam L Form 12.915 - amended forms
In re Fam L Forms - more amended forms

First District Court of Appeal - Tallahassee

Lopez v. State - sentencing, appellate jurisdiction
Jones v. State - pro se sanctions
C&S Wholesale v. DBPR - statutory challenge
Horn v. State - mandamus

Second District Court of Appeal - St. Petersburg

Harrington v. Kemp - child support, substantial change
Ethan Tadd Levy v. DOH - license, restrictions, modification, standard
Fision v. Frueh - summary judgment standard, new theory on rehearing motion
Holley v. Erwin-Jenkins - child support
Eger v. 12th Cir Judges - prohibition, standing, injury

Third District Court of Appeal - Miami

Royal Caribbean v. Ooi - forum selection clause, evidentiary hearing
Arocho v. Eight & First - appellate jurisdiction, unauthorized motion
Quiceno v. Bedier - timesharing, parental responsibility
Meyer v. State - postconviction relief
Accident911 v. Direct Gen - intervention, indispensable parties
Reeves v. State - postconviction relief
Vakulovska v. Vakulovskyi - appellate jurisdiction, untimeliness

Fourth District Court of Appeal - West Palm Beach

Daniel’s Tree Serv v. Nat’l Core - rehearing; liquidated damages, limited trial
Belkova v. Deer Run - foreclosure, county court, jurisdiction, attorney’s fees, bankruptcy
Rosenthal v. Equus Prop - HOA, repairs, conversion, demand, damages
Gibson v. Dwyer - nonfinal order, mootness

Fifth District Court of Appeal - Daytona Beach

Bauerle v. Bauerle - res judicata, attorney’s fees
Johnston v. Fischer - certiorari, Anti-SLAPP, conflict
TKH Coastal v. Talcor Group - law of the case, attorney’s fees

Sixth District Court of Appeal - Lakeland

Smith v. Healy - default judgment, vacatur, excusable neglect
Newton v. Augustin - parenting plan, time-sharing, modification
Goldstein v. Univ of Cent Fla Bd of Trs - sovereign immunity
McConico v. Morgan’s Mill - injunction, adequate remedy at law

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