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Florida Appeals Court Decisions: Week of August 12-16, 2024
August 16, 2024

U.S. Eleventh Circuit Court of Appeals

Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender
Calderon v. Sixt - car rental, contract breach, FDUTPA
USA v. Bell - mail fraud, wire fraud, false statements, evidence, instructions, sentencing
Cobb Cnty Sch Dist - appellate standing, interlocutory appeal, redistricting
Fernandez v. USA - firearms, “crime of violence”
Guardado v. DOC - postconviction relief
Johnson v. Terry - federal prisoner, Bivens claims
MH v. Ga DOCH - Medicaid, skilled nursing services, disabled children

Florida Supreme Court - Tallahassee


No decisions this week

First District Court of Appeal - Tallahassee


Russo v. Kite - appellate jurisdiction
Halifax Hosp v. Fla AG - opioid litigation, settlement, AG authority to waive claims
Hillyard v. Hillyard - general magistrate, time to object
GMRI v. Brautigan - arbitration

Second District Court of Appeal - St. Petersburg


Fernandez v. State - criminal record as evidence
Ortiz v. US Bank - foreclosure, vacatur efforts
Jackson v. State - postconviction relief
Sarasota v. Estate of Kaafi - Wrongful Death Act, proposals for settlement

Third District Court of Appeal - Miami


Universal v. Kattan - two-issue rule, timing protocol
Vento v. State - organized fraud, evidence
Fertil v. Univ of Mia - summary judgment, preservation
Rivera v. State - ineffective assistance
Gomez v. Tamiami Youth Basketball - failure to prosecute, notice
State v. Beach - amended information, speedy trial rule
Hollis v. State - stalking, evidence
Janik v. Adoption of MDJ - confidential adoption, disclosure of information
SB Ice Steak v. Sterling Bldg - oral modification of contract, rent
Burrell v. Burrell - temporary timesharing, insufficient record
Amigos Traffic Sch v. DHSVM - findings of fact, evidence
Taboada v. Duarte - enforceability of promissory note, judicial estoppel
Laurence v. State - prohibition, disqualification of judge

Fourth District Court of Appeal - West Palm Beach


Univ Prop & Caus v. Banziger - relief not requested, due process
Sheely v. State - closing argument, burden of proof
Moeller v. SW Fla Behavioral - mandamus, public records
Siegfried v. Avila-Cana - certiorari, NICA, stay

Fifth District Court of Appeal - Daytona Beach


Oltchick v. Parenti - sanctions, mistrial, attorney’s fees, due process
Waite v. State - rehearing; unlawful interception, oral communication
Cole v. State - corrected sentence
Jones v. State - Quarterman agreement, willfulness, preservation
Lawson v. State - Anders appeal, scrivener’s error
Streeter v. State - plea agreement, investigation costs
Brooks v. State - postconviction relief

Sixth District Court of Appeal - Lakeland


Lovett v. State - postconviction relief
Carmona v. Deutsche Bank - summary disposition
Hessert v. Hessert - appellate jurisdiction, nonfinal order

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