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Florida Appeals Court Decisions: Week of August 5-9, 2024
August 09, 2024

U.S. Eleventh Circuit Court of Appeals

Commodities & Min v. CVG - arbitration confirmation
USA v. Bush - escape, instructions, mens rea
AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages
USA v. Munoz - denaturalization, estoppel
Biscayne Bch Club CA v. Westchester - insurance, appraisal, partiality objection, waiver
Perez v. Owl - appellate jurisdiction, appellate standing, FLSA, ruling leading to settlement
Franklin v. Popovich - § 1983, excessive force
Rodemaker v. Valdosta Bd of Ed - res judicata, racial discrimination claims

Florida Supreme Court - Tallahassee


No decisions this week

First District Court of Appeal - Tallahassee


Bryan v. State - right to counsel, renewing offer; sentencing
Cooper v. State - postconviction relief
Heffron v. DACS - license application’s dismissal, various challenges
Dennis v. State - sex offender, changing residence, failing to report, evidence
Bing v. Alachua - security, parking lot, duty of care
Wendell v. State - postconviction relief
Hoover v. Peak - stalking injunction
Brasby v. DOC - pro se sanctions
Hales v. Preston - judicial disqualification

Second District Court of Appeal - St. Petersburg


Feliz v. Negron-Chaves - marital dissolution, fees
State v. Lyons - certiorari, capital charges, jury vote statute’s application
Golden v. Satcher - mandamus, school board vacancy
Engelke v. Logan Smart - appellate jurisdiction; limitations period, declaratory action
Saxon v. Saxon - marital dissolution, jurisdiction reservation
Serrano-Delgado v. State - 12-person jury, non-capital case
Hutchins v. SCT Trading - certiorari, lis pendens
Concordia v. Slemovici Baribish - foreclosure, receiver appointment

Third District Court of Appeal - Miami


CH v. State - Richardson inquiry
Rodriguez v. Cent Fla Equipment Rentals - expert testimony, late disclosure
Ledon Fam Irrevocable Gift Tr v. Mortgageit - reestablishment of lost note
Calderon v. Citizens - prompt notice, presumption of prejudice, certified conflict
Wessling v. Boston Private Bank - termination of marriage by death
Benkovitch v. US Bank - foreclosure, standing
Martinez v. Infantia Acad - appellate jurisdiction, settlement agreement
Martinez v. Rds Point Townhomes - security deposit, notice
Pacheco v. Acebo - sexual harassment, exhaustion of administrative remedies
DCF v. LW - termination of parental rights, evidence
Anderson v. Est of Anderson - probate of will, untimely objection
Wellness Cent of London v. DHL - attorney’s fees, insufficient record
Mane v. State - release, exhaustion of administrative remedies, venue
Jones v. State - postconviction relief
Zorella v. Pathman Schermer Tandy - certiorari, mediation
Fuentes v. State - postconviction relief

Fourth District Court of Appeal - West Palm Beach


YSC Fla v. Quality Built - settlement, overlapping damages, setoff
Ramirez v. State - fundamental error, jury instruction, reasonable doubt
Zalkin v. Zalkin - temporary relief, alimony, attorney’s fees
Bellegarde v. Bellegarde - marital dissolution, equitable distribution
Molina v. Molina - marital dissolution, misconduct finding, alimony
Martinez v. RingCentral - arbitration award, vacatur, timeliness
Garcia v. State - sex abuse, bill of particulars; impeachment; Richardson hearing

Fifth District Court of Appeal - Daytona Beach


Hatcher v. State - Anders appeal, written order, probation revocation
Jamison v. Knox - injunction, dating violence; appellate jurisdiction, timely appeal

Sixth District Court of Appeal - Lakeland


Williams v. State - sentencing
Chavez v. State - ministerial errors on judgment

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