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Florida Appeals Court Decisions: Week of May 1-5, 2023
May 06, 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
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