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Florida Appeals Court Decisions: Week of July 31 - August 4, 2023
August 05, 2023

U.S. Eleventh Circuit Court of Appeals

Cedant v. USA - Rule 26(a)(2), expert reports, disclosures
Bainbridge v. Fla Div ABT - injunction, Rule 60(a), out-of-state wine
Skanska USA v. Bagelheads - maritime, Limitation Act, spoliation
USA v. Rodriguez - sentencing
Dixon v. Univ of Miami - Covid-19, remote instruction, refund challenge
Sims v. Fla DOC - preservation of error, prison, beard, RLUIPA

Florida Supreme Court - Tallahassee

No decisions this week

First District Court of Appeal - Tallahassee

Smith v. Carlisle Indus - asbestos, exposure, summary judgment
Stephens v. Stephens - excusable neglect, evidentiary hearing
Brennan v. Syfrett, Syfrett - stalking injunction
Parks v. State - sentencing, state attorney cost
Chamberlain v. Degner - notice of trial, unpled relief, due process

Second District Court of Appeal - St. Petersburg

Moore v. Wagner - lease, deposit, enforceable agreement
Dessberg v. Sarasota Harbor - foreclosure, default
Stiwich v. Parsons - insurance, confession of judgment                    

Third District Court of Appeal - Miami

Andres v. State - competency, preservation, trial continuance
Garcia v. Myrtil - dismissal, indemnification, statute of limitations
Blaise v. State - postconviction relief
Sentient Lasers v. DeMeo - arbitration award, authority
Miami-Dade Cnty v. Guyton - employment termination
Dombrowski v. Blum - leave to amend, complaint
Saffar v. Atias - involuntary dismissal, sanction
Dobal v. Villas - statutory immunity, condominium board members
Inspired Cap v. Howell - lost profits, out of pocket expenses, nominal damages
Tercier v. Univ of Mia - breach of contract, negligent retention, verbatim adoption of order
Manheimer v. FPL - leave to amend, punitive damages
Joseph v. Henry - eviction, standing, preservation
Age of Empire v. Ocean Two - breach of contract, condition precedent
Rivera v. Rivera - equitable distribution, marital v. non-marital assets
Bydalek v. Saenz - purchase agreement, buyer’s right to void
Peaceful Paws v. Tarves - writ of garnishment, service of process
Frohlich v. Nat’l Concrete - prohibition, disqualification

Fourth District Court of Appeal - West Palm Beach

Vincent v. State - rape shield statute
It’s A New 10 v. Wilson - fraud, statute of limitations
Safeco v. MD Now - insurance, reimbursement
Kearse v. State - sentencing, scoresheet
Scott v. State - trespass, free speech
Amiache v. Island Towers - scope of mandate
Robertson v. Hochstatter - dissolution, interest
Orfanos v. 45 Ocean Condo - special assessments
Clearcare v. Granada Ins - coverage, party
Dieuvil v. Falcon Trace HOA - summary judgment, pending counterclaims
McNaughton v. State - costs
Rhythm & Hues v. Nature’s Lawn - implied contract
State v. Velasco - reasonable suspicion

Fifth District Court of Appeal - Daytona Beach

Simpson v. State - attempted murder, felon firearm possession; concurrence, jury size
Clark v. State - Anders appeal, written judgment, correction
Reed v. State - prison credit, probation, community control

Sixth District Court of Appeal - Lakeland

Goddard v. JSJ - jury instructions, evidence
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