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Florida Appeals Court Decisions: Week of December 9-13, 2024

U.S. Eleventh Circuit Court of Appeals

USA v. Armstrong - sentencing
MH v. Omegle.com - online sex trafficking, Marsha’s Law, FOSTA

Florida Supreme Court - Tallahassee


In re Cert Add’l Judges - requesting 48 new trial judges, 2 new 6DCA judges, two fewer 2DCA judges

First District Court of Appeal - Tallahassee


Shands v. UF Bd of Trustees - administrative review, fact disputes, quasi-judicial power
Debose v. State - venue, § 910.15; sexual predator, certified conflict
Johnson v. State - evidence, ineffective assistance
McGann v. Walker - Applegate affirmance, lack of transcript
Savage v. Bustillo - stalking injunction, domestic violence injunction
Mooshie v. Fla St Lodge FOP - dismissal, four corners rule
Holdridge v. Anderson - appellate jurisdiction
McLendon v. State - preservation of error
Morrow v. State - probation revocation
Lambert v. Roberts - Applegate affirmance

Second District Court of Appeal - St. Petersburg


Panaro v. State - expert testimony, blood alcohol level
Fla Homeowner Equity v. Fairchild - § 57.105(1) fees
Publix v. Levi - punitive damages amendment
Paylan v. State - postconviction relief
Progressive v. Lloyd’s Auto Glass - punitive damages amendment
Mathis v. State - sentencing
DOC v. O’Neal - civil restitution lien
Flynn v. Wilson - defamation, anti-SLAPP, Gen Flynn, Q

Third District Court of Appeal - Miami


Sands v. Green - habeas, alias capias, waiver of appearance
Dixie Pines Land & Nursery v. Madison Dev Grp - specific performance, judgment
Quintana v. Rodriguez Fam Inv - foreclosure, tolling, equitable estoppel
BSE Invs v. ACE Grp Invs - contract formation, preliminary negotiations
Gonzalez v. Calles - child support, timesharing
Ofer v. Ajar Holdings - prohibition, jurisdiction, voluntary dismissal

Fourth District Court of Appeal - West Palm Beach


Okwor v. State – probation violation
Celsius v. Strong Arm – contract damages, stock valuation, date of breach
Bless v. State – right to be present at trial; disruptive defendant; appellate preservation
Mass Educ v. Fernandez – county court; amount in controversy; distinct counts
Dixon v. Montero – civil restitution lien, incarceration costs
Leonard v. Gordon – paternity; written judgment, oral pronouncement
Linden v. State – postconviction relief; retroactive application of FSC decision; certified conflict
Landis v. State – attorney disqualification, representation of co-defendant; sentencing

Fifth District Court of Appeal - Daytona Beach

Jenkins v. State - Anders appeal, scrivener’s errors
Lauth Investigations v. Goforth - homestead, abandonment, relocation
Joseph v. State - habeas corpus

Sixth District Court of Appeal - Lakeland


James v. State - postconviction relief
Perry v. State - competency
Universal Prop v. True Builders - prevailing party attorneys’ fees
Lopez-Cortes v. Am Family Life Assurance - appellate jurisdiction, attorneys’ fees
Samuel v. Stag Orlando 2 - premises liability, duty
State v. Ivory - possession of concealed weapon


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