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Florida Appeals Court Decisions: Week of October 23-27, 2023

U.S. Eleventh Circuit Court of Appeals

Berry v. Crestwood Healthcare - employment, retaliation, preservation of error
McGriff v. Miami Bch - First Amendment, artwork
Butler v. Smith - malicious prosecution, probable cause
USA v. McCall - search and seizure, good faith, cloud storage
In re: Blue Cross Antitrust - class action, settlement, approval
Sanchez v. Discount Rock & Sand - final order, negligent entrustment, rear-end collisions
Lee v. USA - taxes, delay, reasonable cause, reliance on agent

Florida Supreme Court - Tallahassee

Bevel v. State - capital case, direct appeal
In re Fla R Traffic Ct - amended rule
Levin v. State - pro se sanctions
Chestnut v. Dixon - pro se sanctions
In re Fam L Forms - new forms

First District Court of Appeal - Tallahassee

Smith v. State - scrivener’s errors
Siena v. Orange Cnty Fire - workers’ compensation
Heath v. Lee - timesharing modification
Bruce v. State - pro se sanctions
Semmer v. Lee Cnty - comprehensive plan review
Manuel v. Ford - habeas corpus, preservation of error

Second District Court of Appeal - St. Petersburg

Bennett v. State - DUI, restitution, rejected confession of error
Potts v. Lewis - stalking injunction
Rivadeneira v. USF BOT - class action, education, sovereign immunity, certified question
State v. Peltier - search and seizure, probable cause, pornography
Peterson v. State - sentencing
Kenney v. State - evidence, video, preservation of error

Third District Court of Appeal - Miami

AFP 103 v. Common Wealth Tr Servs - rehearing, easement, dissent
Sthubin v. State - conviction, conflicting evidence
Costco v. Vargas - attorney’s fees, discovery misconduct
Menendez v. Bonafonte - settlement, findings of fact
Alfaro v. State - value of stolen item, evidence
GMX v. MDX - quiet title, indispensable party  
Fisher v. State - sentence completion, moot appeal
Molloy v. DOR - insufficient record
Washington v. DOR - insufficient record
Major v. State - postconviction relief
Amnesia Int’l v.  Miami Beach - temporary injunction, sale of alcohol
L&K Creation v. White Feather Mgmt - temporary injunction, non-party
Donald v. Barrera - fraud, negligence, statute of limitation

Fourth District Court of Appeal - West Palm Beach

Rivera v. State - voir dire, limiting questions
Portuese v. State - probation, special conditions
Boyd v. State - postconviction relief

Fifth District Court of Appeal - Daytona Beach

Mercury Indemn v. Central Fla Med - certified conflict; § 627.736(10), pre-suit notice
Bratsch v. Bratsch - dissolution, attorney’s fees
Syverson v. State - withdraw plea
Baxter v. State - drug paraphernalia, suppression, plain smell
Tocco v. State - prohibition

Sixth District Court of Appeal - Lakeland

Riggins v. Rhoades  - dismissal, four corners, compulsory counterclaim

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