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Florida Appeals Court Decisions: Week of August 19-23, 2024
August 23, 2024

U.S. Eleventh Circuit Court of Appeals

Ritchie v. USA - postconviction relief
Taxinet v. Leon - hearsay, speculative damages

Florida Supreme Court - Tallahassee


Cole v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee


Caranna v. Glass - exhaustion, administrative remedies
McBride v. State - sexual battery, evidence
Lewis v. State - sentencing, appellate jurisdiction
Evans v. State - plea colloquy
Colby v. Zicarelli - landlord-tenant, court registry payments, default
Harvill v. State - double jeopardy
Clay v. Clay - appellate jurisdiction
Lyons v. State - appellate jurisdiction
Lavinder v. Bryson - post-dissolution, accounting, contempt, alimony
Day v. Stewart - belated appeal, civil case
Dupree v. State - belated appeal, ineffective assistance

Second District Court of Appeal - St. Petersburg


Marlow v. Shellpoint Mort Serv - foreclosure, rule 1.540, timeliness
Campbell v. Jara - child support, timesharing
Progressive Select v. Hilchey - insurance, confession of judgment, mootness, jurisdiction
GEICO v. Shazam - insurance, windshield litigation
Fernandez v. Kivimaki - post-dissolution, alimony, fees
EC v. DCF - attorney sanctions
Hillsborough v. Sch Bd of Hillsborough - elections, mandamus

Third District Court of Appeal - Miami


Rubio v. State - testimony, hearsay
Martinez v. State - hot pursuit, testimony, fundamental error
Lezcano v. State - photographic evidence, admission
Gershenbaum v. Wind CA - negligence, standing
Indoor Env’t Restoration v. Citizens - dismissal, assignment of benefits
Kain v. State - right to jury trial, six-member jury
Hall v. Myara - estoppel, criminal action
Poinciana W 1A CA v. Aspen Specialty - appraisal demand, ripeness
Spradley v. Edgecomb - due process, restricted library access
Mitchell v. State - ineffective assistance
Rodriguez v. Rodriguez - default, parental responsibility, child support
Chavez v. DOR - child support, evidence, hearing
GMX v. MDX - certiorari, discovery
Sutton v. Wilmington Tr - certiorari, foreclosure, authorized motion
Benyamin v. 450 N River Dr - appellate jurisdiction, personal jurisdiction determination
Universal v. Betancourt - prohibition, disqualification of judge
Yeyille v. Fla Bar - summary affirmance

Fourth District Court of Appeal - West Palm Beach


Univ Prop v. Cortez - insurance, summary judgment, standing
Schroer v. Crumdale - contract, summary judgment, novation
7635 Mandarin Dr v. Lloyd’s - insurance, appraisal, attorney’s fees
Rock v. State - § 790.23, felon, “possession” of firearm, sentencing

Fifth District Court of Appeal - Daytona Beach


Crittenden v. Tumlin - expert witness, surveyor, harmless error
Brock v. State - probation revocation
Passafume v. Shifa Healthcare - insufficient service of process, waiver
Grapski v. City of Altamonte - dismissal, appellate jurisdiction
Elvy v. State - cost of prosecution  
Alston v. State - probation revocation, sentence
Turner v. Shah - certiorari, preservation

Sixth District Court of Appeal - Lakeland


Julia v. Ramos-Baez - attorneys’ fees, preservation
CC v. Dept of Rev - establishment of paternity
State v. Crume - suppression of evidence

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