Florida Appeals Court Decisions: Week of March 13 - 17, 2023
U.S. Eleventh Circuit Court of Appeals
Ilias v. USAA Gen Indem - insurance, Florida, bad faith
USA v. Clowers (aka Boo Boo, DOG) - First Step Act, sentencing
Harris-Billups v. Anderson - Fourth Amendment, excessive force, video
PDVSA US Litig Trust v. Lukoil Pan Am - political questions
Drazen v. Pinto - en banc, vacating this decision, class actions, standing
USA v. Downs - child pornography, commerce, evidence, dismissing unsworn jury
Florida Supreme Court - Tallahassee
In re R Reg Fla Bar - significant bar rules amendments
Green v. Dixon - pro se sanctions
In re Fla R App P - amended rules
In re Fla R App P - amended rules
Sanchez-Torres v. State - capital case, postconviction relief
First District Court of Appeal - Tallahassee
TD v. DCF - parental rights, dismissal, failure to prosecute
Anderson v. State - belated appeal
Second District Court of Appeal - St. Petersburg
Jolly v. State - sentencing
SS v. Sarasota Sch Bd - sexual abuse, limitations, government defendant
Hogg v. Village of Bloomingdale HA - declaration, reformation, limitations period
Upshur v. State - ineffective assistance, appellate counsel, sentencing
Third District Court of Appeal - Miami
Mazda v. Triche - personal jurisdiction, minimum contacts
First Baptist Miami v. Miami Baptist - dismissal, sanction
Full Pro Restoration v. Citizens - summary judgment procedure
State v. Quevaedo - Stand Your Ground
Rankin v. Lounsbury - paternity, parenting plan
Aguilar v. State - postconviction relief
Hawks Nest Condo v. Westchester - insurance, prejudgment interest
Willis v. Accenture - FCRA, right-to-sue notice
Total Care Restoration v. Citizens - insurance, assignment of benefits
Oliva v. Oliva - procedural due process, child support
Parisi v. Quadri de Kingston - power of attorney
S and A v. Garcia - property assessment, ownership change, lost cap
Vega v. Citizens - summary judgment, contract interpretation
Fourth District Court of Appeal - West Palm Beach
Stirberg v. Fein - rule 1.540, fraud, trust reformation, homestead
Peart v. State - “Principals” instruction, preservation, fundamental error
DiMauro v. Martin - specific performance, mutuality of remedies
Fed Nat Mortg v. Trinidad - foreclosure, collateral estoppel
Jones v. Vasilias - negligent employment, vicarious liability
Sage v. Pahlavi - real estate contract, nondisclosure, due diligence
Zagarella v. State - self-representation, standby counsel, battery
Destiny Fulfilled v. Inv SWK - attorney’s fees, commercial tenancy
Moritz v. Stonecipher - paternity, custodial rights
Destiny Fulfilled v. Inv SWK - eviction trial, stay, waiver
Cohen v. State - postconviction relief
Feast v. State - postconviction relief
Fifth District Court of Appeal - Daytona Beach
Welch v. CHLN - summary judgment, constructive knowledge
Mills v. State - special concurrence; ineffective assistance, trial
Miller v. Schramer - confession of error, default
Milling v. State - Spencer warning, pro se
Pierre v. State - special concurrence; post-conviction, DNA testing
Sixth District Court of Appeal - Lakeland
Vickers v. Malpeli - pleading of attorney’s fees
Danforth v. Danforth - untimeliness of appeal
The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.