Florida Appeals Court Decisions: Week of September 11 - 15, 2023
U.S. Eleventh Circuit Court of Appeals
Jones v. USA - postconviction relief
Austin v. Glynn Cnty - sheriffs, 11th Amendment immunity, compensation decisions
W Va v. US DOT - Covid-19, Rescue Plan Act challenge, en banc denial
Jacksonville v. Jax Hospitality Holdings - Rule 41, voluntary dismissal, stipulation
Zen Group v. Fl AHCA - Medicaid provider, retaliation, due process, qualified immunity
Florida Supreme Court - Tallahassee
No decisions this week.
First District Court of Appeal - Tallahassee
Snyder v. State - similar fact evidence
KJ v. DCF - parental rights appeal, failure to prosecute
Ellis v. State - sentencing
Martinez v. State - habeas corpus
Stuart v. Lapete - paternity, temporary support
Second District Court of Appeal - St. Petersburg
Saterbo v. State Farm - insurance, bad faith, proposed settlement
Garner v. State - sentencing, Eighth Amendment
Bric McMann v. Regatta Bch Club - punitive damages amendment
Allaire v. Allaire - alimony, modification
State v. Downs - sitting for 5DCA, postconviction relief
McDougald Fam v. Rays Baseball - arbitration
Pirman v. South Pointe - homeowners association, contract breach
Third District Court of Appeal - Miami
Peebles v. GrassMasters - unjust enrichment, express contract
People's Tr v. Banks - clarification, policy interpretation, act of nature
City of Mia v. Marcos - default, Kozel factors
Boksa v. Hogan - insufficient initial brief, insufficient record
Serrano v. Epstein - summary judgment, due process
TheDigital.Support v. Smarketing - insufficient record
Send Enters v. Set Drive - unauthorized motion, untimely appeal
Deblois v. Dominguez - substitution of party, appellate jurisdiction, certiorari
DNP Consulting v. MDPD - certiorari, irreparable harm
Fourth District Court of Appeal - West Palm Beach
Chiquita v. Port Everglades - unjust enrichment; benefit
RJR v. Spurlock - Engle progeny, punitive damages
Seminole Tribe v. Webster - sovereign immunity, real party in interest
Haratz v. Dental Team - condition precedent, waiver, pleading
Day v. Lawyers’ Reporting - personal jurisdiction, appellate jurisdiction
Fifth District Court of Appeal - Daytona Beach
Housman v. Housman - guardianship, asset freeze, ex parte order
State v. Downs - postconviction relief
The Cape v. Och-Ziff - dismissal, amendment
Richardson v. State - special concurrence, postconviction relief
Kuthiala v. Goldman - offer of judgment, attorney’s fees
McCullough v. State - Anders appeal, cost
In re Jane Doe - abortion, minor, consent of guardian, judicial waiver
TA v. DCF - concession of error, parental rights
Sixth District Court of Appeal - Lakeland
CPPB v. Taurus Apopka City Ctr - lis pendens, irreparable harm