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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

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