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Florida Appeals Court Decisions: Week of May 29 - June 2, 2023
June 03, 2023

U.S. Eleventh Circuit Court of Appeals

King v. Warden, Ga Diagnostic Prison - habeas corpus, postconviction relief
USA v. Ware - Daubert, fingerprint analysis; lay identification; flight instruction
Anthony v. Ga DPS - employment, racial discrimination
Positano Place v. Empire Indem - appellate jurisdiction, insurance, appraisal order
S River Watershed v. DeKalb - Clean Water Act, diligent prosecution bar
USA v. Verdeza - healthcare fraud, summary testimony, prior bad acts
Gregory v. Comm’r of Int Rev - taxes, hobby losses
Chewy v. DOL - labor, fine, safety standards, scope

Florida Supreme Court - Tallahassee

Alahad v. State - standard of review, suppressing identification
In re R Reg Fla Bar - amended rules, bar elections

First District Court of Appeal - Tallahassee

KH v. DCF - parental rights termination, failure to prosecute appeal
DS v. DCF - parental rights termination, failure to prosecute appeal
Kostelny v. Bluewater Bay - appellate jurisdiction, timely rule 1.540 motion
Kostelny v. Bluewater Bay - same as above, different appeal
Ortiz v. Winn-Dixie - workers’ compensation
Churchill v. DBI Servs - workers’ compensation
DN v. Bay Cnty Sch Bd - education, student, disability, discipline
Benson v. State - probation, special conditions
Ross v. State - sentencing
Edenfield v. State - Second Amendment, felon with firearm

Second District Court of Appeal - St. Petersburg

No decisions this week

Third District Court of Appeal - Miami

Grove Harbour v. Grove Bay - contract ambiguity, repudiation, fraud
Tarrau v. State - probation violation, seating arrangement 
Rivera v. State - reasonable suspicion, using firearm while under the influence
Poland v. Citizens - untimely appeal, insufficient record
Morton v. Faby - time sharing
City of Mia v. Robinson - sovereign immunity, scope of employment
McCormick Props v. SoMi Homes - temporary injunction, ejectment, dedication
Am Auto Ins v. FDH Infrastructure - statute of limitations, § 95.11(3)(c)
B Little v. Choi Wai - personal jurisdiction, waiver, forum non conveniens
Ellison v. Deutsche Bank - summary affirmance 

Fourth District Court of Appeal - West Palm Beach

Young v. New Res Inv Co - appellate jurisdiction, pending claims
Wagner v. State - warrantless misdemeanor arrest
Fuentes v. Luxury Outdoor Design - summary judgment, response
Valcarcel v. Valcarcel - dissolution, hearing
Superior Brokerage v. Maduel - personal jurisdiction, waiver

Fifth District Court of Appeal - Daytona Beach

Sayler v. Tower Hill Select Ins - standing, assignment
Duchateau v. Duchateau - settlement agreement, appellate jurisdiction
Wisheart v. Wisheart - settlement agreement, enforcement
Werner Entrs v. Mendez - punitive damages, reasonable showing

Sixth District Court of Appeal - Lakeland

Pelleschi v. Pocci -  FUFTA, homestead exemption
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