Disclaimer

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.

 Skip to Content

Florida Appeals Court Decisions: Week of October 23-27, 2023
October 28, 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
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.