Skip to Content

Florida Appeals Court Decisions: Week of May 1-5, 2023

U.S. Eleventh Circuit Court of Appeals

Baker v. Madison - § 1983, excessive force
Teamsters v. NLRB - arbitration motion as illegal labor practice
USA v. Batmasian - expungement, jurisdiction
Chorwadi v. Boynton Bch - nuisance, constitutional challenges, standing
USA v. Hamilton - sentencing

Florida Supreme Court - Tallahassee

Fla Bar v. Rush - bar discipline
Melton v. State - capital case, postconviction relief
In re Fla R Juv P - amended rules

First District Court of Appeal - Tallahassee

Allen v. State - postconviction relief
Escambia v. Underhill - immunity, public official’s legal fees
Johnson v. State - mandamus, duty to rule
Mason v. State - mandamus, duty to rule
Hutchinson v. Moreland - mandamus, duty to rule, mootness
Sheffield v. DOC - appellate jurisdiction
Thomas v. Dixon - mandamus, duty to rule, mootness
Miller v. State - mandamus, duty to rule, mootness
Whitten v. Clark - certiorari, smartphone passcode
HH v. DCF - parental rights, due process
TAS v. DCF - mandamus, duty to rule

Second District Court of Appeal - St. Petersburg

Philip Morris v. Duignan - Engle progeny, reliance, scope of new trial
Statewide GAL v. TV - certiorari, prohibition, order regarding future cases
Beckett v. Scheuer - injunction, privacy fence, homeowners association
Finegan v. US Bank - appellate standing; rule 1.540, Applegate affirmance
Venus Concept v. Angelic Body - venue, forum selection clause
Beyond Billing v. Spine & Ortho - mandamus, duty to rule, arbitration award

Third District Court of Appeal - Miami

Rosenberg v. US Bank - proceedings supplementary, fraudulent transfer 
Shands v. City of Marathon - regulatory taking
ZGA Aircraft v. Webjet Linhas - presumption of correctness
VMA v. State - restitution 
Yeyille v. Speigel - pro se filings, order to show cause
Buechele v. Est of Buechele - Moakley sanctions, due process
Kilcoyne v. George - jurisdiction, probate attorney’s fees
LTG v. State - remote hearing
Ridore v. State - postconviction relief
Saks Fifth Ave v. Bal Harbour Shops - arbitration, motion to compel 
McCutchen v. State - habeas corpus, bench warrant
Sanz v. Saenz - dismissal, appellate jurisdiction
Ogunwale v. State - prohibition, SYG immunity 

Fourth District Court of Appeal - West Palm Beach

Funderdome v. Woolbright Dev - unsolicited order, reconsideration, anchor tenant
Medina-Tamayo v. State - witness ID, jury question
Hollywood Imports v. Nationwide - conversion, measure of damages
Valladares v. State - jury question, photograph
Cole v. Universal Prop - presuit notice, retroactivity
Albritton v. State - knock & announce,
Chickering v. Bawa - dissolution, transfer vs dismissal
State v. AG - concealed firearm
Blatter v. DN Suyte - default judgment
In re Name Change of YMX - name change
Gaston v. NNN Inv - prisoner complaint prescreening

Fifth District Court of Appeal - Daytona Beach

State v. Johnson - DUI, field sobriety test
KJH v. State - battery, restitution

Sixth District Court of Appeal - Lakeland

Fiddlesticks Country Club v. Shaw - summary judgment, HOA bylaws
Naples Motorcoach Resort v. JG&M  - FDUTPA
Bowers v. Orange County - appellate jurisdiction, finality
Nelson v. McNeill – probate, disinheritance

Related Practices
Appellate & Trial Support
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.


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.