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Florida Appeals Court Decisions: Week of December 2-6, 2024

U.S. Eleventh Circuit Court of Appeals

USA v. Simmons - playing video in closings
Nehme v. Fla Int’l Univ Bd of Trustees - ADA, medical school
USA v. Graham - RICO saga, search and seizure, jury selection, evidence, more

Florida Supreme Court - Tallahassee


In re Fla R Civ P - important rules amendments effective 1/1/25
In re Fla R Civ P - amended summary judgment rule, new conferral rule
Randolph v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee


Gianino v. State - collateral crime evidence
MLK v. DCF - § 92.55(2), protecting victims and witnesses
Harris v. State - evidence, photos, texts
Oracle Am v. DOR - excess sales taxes and local surtaxes
Baxter v. Baxter - marriage, bigamy, estoppel
Jones v. State - scrivener’s error
Gigsby v. Grigsby - child relocation
Williams v. Dixon - appellate jurisdiction, granting motion to dismiss

Second District Court of Appeal - St. Petersburg


Evanston Ins v. Glasbrenner - settlement, challenge by non-party, binding effect
Walker v. Bankers Life - long term care insurance, coverage
KMG v. Heart of Adoptions - certiorari, order staying dependency proceedings
Hillsborough v. Dibbs - second-tier certiorari, rezoning application

Third District Court of Appeal - Miami


Diaz v. Alvarez - evidence, prior claim, hearsay, closing
Greason v. Rolling Green Condo - insufficient record
Allstate v. Abramson - statutory interpretation, PIP, limitation of reimbursement
Citizens v. Arias - exclusions, admissibility of expert testimony
Marin v. State - replacement of juror, excited utterance, jury instructions
Fernandez v. Old Republic - duty to defend, exclusions
Jilla v. Lucas-Jilla - insufficient record
Mt. Hawley v. Schmid Constr - appellate jurisdiction, unresolved count
Tufenkjian v. State - verdict, evidence
Lima v. Gargano - summary judgment, no findings
Pulles v. Onorato - specific performance, late jury trial demand
Hussing v. Zuckerman - insufficient record
Dorvil v. Atwell - custody, home state, evidentiary hearing
Schofield v. Monroe Cnty - code enforcement lien, due process, laches
Vill of Palmetto Bay v. Miami-Dade Cnty - construction project, procedural requirements
Pickett v. State - postconviction relief
Keystone Towers CA v. Rahimi - insufficient record 
Cora v. DBPR - contractor’s license, probation, no evidentiary hearing
Jordan v. State - ineffective assistance, venue
Barcelo v. Little Paket - punitive damages, leave to amend, evidence
Gutierrez v. Gutierrez - order to show cause, pro se filings
Baptist Hosp of Mia v. Llauro - certiorari, exclusion of evidence

Fourth District Court of Appeal - West Palm Beach


Williams v. State - habitual offender
Dimitrion v. State - sentencing, costs
Music v. State - Williams rule
Cruz v. Garcia - Hague petition, minor child
Pompano Beach v. Coral Rock Dev - sovereign immunity, Fair Housing Act

Fifth District Court of Appeal - Daytona Beach

GEICO v. Tsao - new trial; uninsured, underinsured tortfeasor
Thomas-Jones v. Jones - relocation, minor children, attorney’s fees
Corral v. State - probation revocation
Ruffin v. State - Anders appeal, costs
McHugh v. McHugh - dissolution, equitable distribution
Shultz v. Johnson - tortious interference, family trust
Borders v. Harris - judgment, appeal, jurisdiction, garnishment
Giles v. State - Anders appeal, probation revocation, written order
Clark v. S State Bank - foreclosure, pre-acceleration notice
Smith-Fullerton v. Fullerton - certiorari; personal financial information
Raven v. State - Anders appeal, corrected judgment
Kincaid v. Kincaid - dissolution, equitable distribution, alimony
DCF v. JD - concession of error
DLD v. State - certiorari; incompetency, involuntary commitment

Sixth District Court of Appeal - Lakeland


Matragrano v. Windsong Club Apartments - summary disposition


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