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Florida Appeals Court Decisions: Week of August 28 - September 1, 2023
September 02, 2023

U.S. Eleventh Circuit Court of Appeals

Adam v. Demopolis City Schools - bullying, suicide, § 1983
Payne v. SCAD - arbitration
USA v. Beach - witness tampering
FTC v. Nat’l Urological Grp - equitable monetary remedies, contempt
USA v. Wiley - jury selection, identification testimony, crime of violence
Davis v. Apopka - probable cause, false arrest, municipal liability instruction
USA v. Curtin - threats, federal judge, invited error, judicial recusal

Florida Supreme Court - Tallahassee

In re Fla R Civ Pro Invol Commit - amended rules
In re Fla R App Pro - amended rules
In re R Reg Fla Bar - amended rule
In re Fa R Traffic Ct - amended rules

First District Court of Appeal - Tallahassee

Hotel Investor v. Davis - ore tenus motion, lack of transcript
Dixon v. State - probation revocation
Turner v. Knight - real property, easement
Young v. State - sentencing, unrequested costs
Dove Inv v. Lau - appellate jurisdiction, final order
Dallas v. RAAC - appellate jurisdiction
DCF v. MH - parental rights, termination

Second District Court of Appeal - St. Petersburg

Wyrich v. State - sentencing, uncharged conduct
TJ v. State - delinquency, disposition

Third District Court of Appeal - Miami

Shabtai v. Shabtai - judge recusal
Zakharova v. Innovative Tech & Consult - lis pendens, extension of time
MDP v. DCF - termination of parental rights
Polo v. Hernandez - dissolution, attorney’s fees
Stivelman v. Stivelman – dissolution, alimony
Suzmar LLC v. First Nat Bank of South Miami - negligence, unjust enrichment
100 Lincoln RD SB v. LoanCore Cap Credit REIT - foreclosure
Montalvo v. Rovirosa - probate, statute of limitations
Reaction Rehab v. Fletcher - discovery sanction, dismissal
Facen v. State - revocation of probation
Galue v. Clopay Corp - worker’s comp immunity
Beaubrun v. GeoVera - policy construction

Fourth District Court of Appeal - West Palm Beach

Medina v. State - rehearing, entrapment
Ward v. State - sentencing, double jeopardy
Feldman v. Citizens - insurance, directed verdict, jury instructions
Prado v. State - sexual battery, child hearsay
US Bank v. Saunders - foreclosure, equitable powers
Ross v. State - Baker Act, sufficiency of evidence
Mollerstrom v. Zambrana - family law, taxation of costs
Lynn v. State - public defender fee
Green v. Farmer - minor child, temporary custody
Francois v. JFK Medical - worker’s comp retaliation, business judgment rule

Fifth District Court of Appeal - Daytona Beach

Mango v. Mango - concurrence; dissolution, written findings, § 61.08
Gatchell v. Kryvosheia - marital settlement agreement, parenting plan, preservation
Collins v. State - postconviction relief
Simpson v. State - Spencer warning, pro se

Sixth District Court of Appeal - Lakeland

Young v. State - postconviction relief
Ali v. Khan - dissolution, alimony, child support, attorney’s fees
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