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Florida Appeals Court Decisions: Week of July 8-12, 2024

U.S. Eleventh Circuit Court of Appeals

Johnson v. Atlanta - § 1983, arrest, motion to dismiss, video incorporated by reference
USA v. Buselli - murder for hire, false statements, jury instructions
Wade v. Ga Correct’l Health - en banc, 8th Amendment deliberate indifference standard
Rose v. Ga Sec’y of State - en banc denial, Ga PSC elections
New Ga Project v. Ga Att’y Gen - campaign finance challenge, abstention
USA v. Hernandez - sentencing, First Step Act

Florida Supreme Court - Tallahassee


Fla Bar v. Mirabal - attorney discipline
Cox v. State - capital case, direct appeal
Johnson v. State - capital case, direct appeal
In re Fla R Civ P - new form, quiet title complaint
In re Fla R App P - amended rules

First District Court of Appeal - Tallahassee


Awolowo v. State - competency, psych evaluation, certified question
Farris v. State - sentencing
N Shore Med Ctr v. Navarro - med mal arbitration, stricken experts
Kowalski v. Brown - civil contempt, preservation of error
Smith v. State - Anders appeal
Thomason v. State - postconviction relief
Talkington v. State - Anders appeal
DC v. In re Adoption of NLW - parental rights, termination
DW v. DCF - parental rights, termination

Second District Court of Appeal - St. Petersburg


Johnston v. Johnston - equitable distribution
Page v. US Dept of Treasury - foreclosure, attorney’s fees
Franklin v. State - criminal restitution, causal connection
Lopez v. State - criminal restitution, double jeopardy

Third District Court of Appeal - Miami


Fernandez v. State - ineffective assistance, evidence
Araujo v. Dantzler Lumber & Export - foreign judgment, enforcement
Martinez v. Selene Fin - authenticity of signature, presumption
Llaurado v. DBPR - construction contracting without license, informal hearing
Gelish v. State - involuntary civil commitment, probable cause for release, limited hearing
Jules v. State - postconviction relief
Concierge Auctions v. Coldwell Banker - timeliness of appeal, arbitration, waiver
Simmons v. State - probation violation, privilege against self-incrimination
S Mia Pharma v. OptumRx - arbitration, choice-of-law clause
Snappers Key Largo v. Certain Underwriters - bad faith claim, appraisal award
Cap Building v. Fortune Ocean - res judicata, privity
Valdes v. City of Marathon - second-tier certiorari, conditional use variance
Beliziare v. State - postconviction relief
HeartPoint Global v. Dragon Blue - production of corporate records, evidentiary hearing, waiver
Bonczyk v. Wolfe - leave to amend, counterclaim, punitive damages
Schaeffer v. Anita Medic - certiorari, disclosure of financial records
Thomas v. State - postconviction relief
Yeyille v. Fla Bar - prohibition, disqualification of judge

Fourth District Court of Appeal - West Palm Beach


Surit-Garcias v. State - opening statement; victim injury categories, constitutionality
Euro Nut Auto v. Williams - replevin
Mendez v. Mendez - parenting plan, default, lack of notice, due process
Distressed Invest v. US Bank - foreclosure, post-judgment expenses, reimbursement

Fifth District Court of Appeal - Daytona Beach


Martinez v. Martinez - dissolution, alimony, child support, attorney’s fees
Poky Mgmt v. Solutrean Invstmt Grp - commercial eviction, attorney’s fees
Piechota v. State - domestic violence injunction, violation, investigative costs
Hershberger v. Hershberger - dissolution, timesharing, judicial delegation
Gragg-Rivera v. Gragg - dissolution, paternity, child support
Kavanaugh v. Thomas - personal representative, appointment, surviving spouse
C & F Berry Farms v. Chandler - enforce settlement, property easement
Davis v. Davis - dissolution, settlement, contempt, college tuition payments
Akers v. State - Anders appeal, scrivener’s error
Catledge v. State - Anders appeal, scrivener’s error
Duval Cnty Public Schools v. Jackson - summary judgment, sovereign immunity
Williams v. State - cost of prosecution

Sixth District Court of Appeal - Lakeland


Lightsey Cattle v. FWCC - administrative appeal, jurisdiction
Langdon v. Sun Lake Multi Fam - appellate jurisdiction, timeliness
Naples v. Wolff - nonbinding arbitration, trial de novo
Captain D's v. Unified Brands - workers compensation lien
Yue v. Safe Harbor Title - summary disposition
Pear v. 898 Fifth Ave S - summary disposition


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