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Florida Appeals Court Decisions: Week of January 9 - 13, 2023
January 14, 2023

U.S. Eleventh Circuit Court of Appeals

Dream Defenders v Fla Gov - riots, certified Fla law question
FCOLA v Foremost Title­ - trademark
Landcastle Acq v Renasant Bk - D’Oench doctrine, dissent
Mortgage Corp of the South v Bozeman - bankruptcy, antimodification
Royal Palm Village Residents v Slider - attorney fees, concurrence
US v Pate - rehearing en banc granted, vacating this case
US v Harrison - crime of violence
US v Moran - child porn

Florida Supreme Court - Tallahassee

No decisions this week

First District Court of Appeal - Tallahassee

RR v. DCF - dismissal, failure to prosecute
MB v. DCF - dismissal, failure to prosecute
Davis v. Dixon - dismissal, untimely rehearing motion
Washington v. State - public defenders, designations and refusals

Second District Court of Appeal - St. Petersburg

Barguiarena v. Tefteller - child support, unraised argument
Davis v. Verandah at Lake Grady - homeowners association, restrictions, quiet title
Cassella v. Travelers - civil remedy notice
Periannan v. Kuppusamy - scrivener’s error
Gibson-Capo v. State - probation revocation, sentencing
Lake Lincoln v. Manatee - inverse condemnation, Bert Harris, relevant parcel
AJ Therapy v. Imperial Fire & Cas - four corners rule
Mercado v. State - sentencing
Evans v. State - jury trial waiver

Third District Court of Appeal - Miami

Chakra 5 v. Miami Bch - § 1983, due process, code inspectors
Kocik v. Fernandez - shareholder agreement, standing, party in interest rule
Saleh v. Miami Gardens Square One - FACTA, standing
Martex v. Artiles - independent contractor, in limine order violation, closing argument
Deitsch v. Lloyds - insurance, appraisal, fees and costs
MSP Recovery v. Coloplast - personal jurisdiction
Hidalgo v. Binder - foreclosure, rule 1.540, finality, excusable neglect
Perez v. Gallego - certiorari, indefinite stay
McIntosh v. US Bank - foreclosure, summary judgment, modification
Westbrook v. State - pro se sanctions
Crane v. Crane - certiorari, psychological evaluation

Fourth District Court of Appeal - West Palm Beach

Mcardle v. Mcardle - attorney’s fees, pleading
Muentes v. Rosenwater - attorney’s fees, retainer agreement
People’s Trust v. Polanco - attorney’s fees, insurance, entitlement
Hollywood Park Apts v. Hollywood - prohibition, disqualification

Fifth District Court of Appeal - Daytona Beach

Robinson v. State - DNA testing, materiality

Sixth District Court of Appeal - Lakeland

No decisions this week
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