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Florida Appeals Court Decisions: Week of April 1-5, 2024

U.S. Eleventh Circuit Court of Appeals

Jackson v. Swanger - qualified immunity, search and seizure, appellate jurisdiction
USA v. Al Jaberi - smuggling, notifying common carrier, false export info, evidence, double jeopardy
Flowers v. Comm’r, SSA - disability benefits, inconsistent determinations, preservation of error
Al Zawawi v. Diss - bankruptcy, § 109(a), foreign proceedings
USA v. Handlon - compassionate release
USA v. Vargas - speedy trial
USA v. Alhindi - competency, criminal defendants, § 4241

Florida Supreme Court - Tallahassee

Planned Parenthood v. State - right to privacy, abortion, 15-week ban
Adv Op to AG re Marijuana - ballot initiative, validity
Adv Op to AG re Abortion - ballot initiative, validity

First District Court of Appeal - Tallahassee

TT v. DCF - parental rights, termination, failure to prosecute
UF BOT v. Browning Boisse - sovereign immunity
Byrd v. State - drug trafficking, evidence, recording
Lussy v. Dept of Legal Affairs - appellant’s burden
Aristizabal v. DOR - Applegate affirmance
Davis v. State - belated appeal
RLG v. DCF - parental rights, termination, failure to prosecute
Peek v. FCOR - appellate jurisdiction

Second District Court of Appeal - St. Petersburg

Lydecker v. State - rape shield statute, cross-exam
McNulty Lofts v. WRH McNulty Garage - real property, ejectment
Rich v. Rich - contempt, previously reversed order
Hanover Ins v. Frazier - insurance, malicious prosecution, insurer immunity
Citizens v. Barberan - insurance, sinkhole coverage, burden of proof jury instructions
Foster v. State - sentencing
Helmick v. Taylor - marital settlement agreement, third-party beneficiary
CM v. AM - appellate jurisdiction, sanctions entitlement order
Navarro v. State - postconviction relief, pending appeal
Fantauzzi v. Day - § 57.105 fees, notice, due process
Wood v. State - habeas corpus

Third District Court of Appeal - Miami

Seneca v. Jade Beach CA - pleading, impairment of subrogation rights
Cordovi v. State - continuance, hearsay
Castellon v. Citizens - summary judgment standard
Ramash Realty v. Certain Underwriters - policy interpretation, deductible
Navarro v. Borges - duty
Universal v. Nacimiento - hearsay
Lemano Invs v. RGF Athena - superior claim to title 
Pimienta v. Rosenfeld - prohibition, disqualification of judge 
Facebook v. Grind Hard - personal jurisdiction, tortious acts
Borchetta v. Hankins - defamation, publication
Pro-Play Games v. Roger - arbitrability, contractual nexus, waiver 
Sotolongo v. State - postconviction relief  
Pino-Allen v. Egan - defamation, privilege

Fourth District Court of Appeal - West Palm Beach

Ramirez v. Marzano - ex parte relief, due process
HS v. DCF - judicial disqualification, pre-hearing comments
Goldsmith v. State - witness bolstering, harmless error
Chewy v. Covetrus - certiorari, deposition, apex doctrine
Perez v. Tony - search and seizure
Jefferson v. State - sentencing

Fifth District Court of Appeal - Daytona Beach

Brooks v. State - Anders appeal, costs
Jackson v. State - first-degree murder, sexual battery, prior bad acts
Casado v. Doher - vacate judgment, rule 1.540(b)
Trammell v. State - habeas corpus
Fluhart v. Rasmussen - en banc; jurisdiction, preservation, rule 12.490(e)(3)

Sixth District Court of Appeal - Lakeland

Rowan v. State - sentencing  
Bean v. State – probation revocation
Johnson v. Garrett - premises liability, duty
LA v. DCF - termination of parental rights
O'Hair v. O'Hair - marital settlement agreement
Marlin Constr Grp v. Bollinger - licensing, statutory construction

The provided links above may be available for a limited time only, as courts sometimes relocate opinions on their websites. Should that occur, please use the “written opinions archive” links provided below each court header to search for the opinion using the case name. The availability of opinions through these channels may vary and is subject to the discretion of the courts.

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