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Florida Appeals Court Decisions: Week of May 15 - 19, 2023

U.S. Eleventh Circuit Court of Appeals

Smith v. Ala DOC - sentencing, Eighth Amendment
Thompson v Regions Sec - FLSA, overtime
Ruiz v. US Att’y Gen - immigration, battered spouses
Global Network v. CenturyLink - implied contract, bailment, Florida law
Hall v. Merola - § 1983, possible Heck bar

Florida Supreme Court - Tallahassee

Orme v. State - capital case, direct appeal
Foley v. State - pro se sanctions

First District Court of Appeal - Tallahassee

Newberry v. Alachua - appellate jurisdiction, injunctive relief
Beasley v. United Casualty - summary judgment, continuance
DM v. DCF - parental rights, termination
Gardner v. State - postconviction relief
Gillespie v. FCOR - mandamus, duty to rule
Crusaw v. DOH - administrative appeal, jurisdiction

Second District Court of Appeal - St. Petersburg

Pocock v. Pocock - venue
Hartshorn v. State - postconviction relief
WLT Software v. Brooks - rule 1.540, voluntary dismissal

Third District Court of Appeal - Miami

Shapiro v. WPLG - sanctions
Larkins v. Mendez - convenience account, civil contempt
FIU Bd of Trs v. Alexandre - sovereign immunity, waiver, certified question
Citizens v. All Ins - wholly favorable judgment
Ozyesilpinar v. Reach - defamation, opinion, permanent injunction 
Lazow v. Synamon - default for possession
Vereit v. Fitness - rent, Covid, force majeure, impossibility, impracticability, frustration of purpose

Fourth District Court of Appeal - West Palm Beach

Saunders v. Baseball Factory - negligence, duty to protect
Testa v. Jupiter Island - certification, ordinance advertising
McDonald v. State - undisclosed evidence, improper statements
Innocent v. Innocent - dissolution, dissipated assets, child support
Bernardo v. Biemer - dissolution, alimony
HRB Tax v. Fla Inv Bureau - punitive damages, vicarious liability
Duke v. Duke - certiorari, post-judgment discovery

Fifth District Court of Appeal - Daytona Beach

Enlow v. EC Scott Wright PA - malpractice, accrual
Hawryluk v. Hawryluk - dissolution, support, fees
Babcock v. Golden Acres - dismissal, subject matter jurisdiction
Waskiewicz v. DCF - Institutional Care Program Medicaid benefits
Brutus v. Giles - dissolution, equitable distribution, alimony
Grant v. State - Anders appeal, scrivener’s error
Henslee v. State - Anders appeal, cost
Walters v. State - prohibition, medical records
Melendez v. State - Spencer bar, pro se
Seminole Cty v. APM Constr - certiorari, presuit administrative remedies
Lazaroff v. Meek - new trial, improper counsel statements
Yellow Cab v. Lutchman - damages, set off
Tyson v. State - Richardson hearing, discovery
Warren v. State - Spencer bar, pro se
Williams v. State - Spencer bar, pro se
Williams v. Lomeli - appellate jurisdiction, timeliness
Melendez v. Melendez - dissolution, contempt, appellate jurisdiction

Sixth District Court of Appeal - Lakeland

Blanco v. Santana - domestic violence injunction
Gray v. Fla. Peninsula - insurance, statutory construction
David v. Davis - child custody, timesharing
Chambers v. State - postconviction
Shassian v. Riverwalk Park -  appellate jurisdiction, finality

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