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

U.S. Eleventh Circuit Court of Appeals

Wainberg v. Mellichamp - § 1985 conspiracy, retaliation, statute of limitations, overt acts

Florida Supreme Court - Tallahassee

In re Fla Fam L Rules - amended forms

First District Court of Appeal - Tallahassee

Nava v. State - fundamental error, discrepancy between information and instructions
Dixon v. Scott - sovereign immunity, DOC Secretary, prison officials’ conduct
State v. Lincoln - use of testimony from pretrial self-defense immunity hearing
Hand v. State - probation revocation
Mack v. State - habeas corpus, ineffective assistance, appellate counsel
TAS v. DCF - no-contact order, vacatur, denial
Lewis v. DBPR - confession of error

Second District Court of Appeal - St. Petersburg

Pappas v. Pappas - alimony modification
Gibson v. State - probation revocation
Battle v. State - sentencing
Universal P&C v. Tsirnikas - insurance, inconsistent verdicts, dispositive jury finding
JR v. State - delinquency
Kovar Law Grp v. Jordan - attorney’s fees, employee status, fee amount

Third District Court of Appeal - Miami

Knauf v. Hakim - setoff, settlement
Malek v. Malek - indirect criminal contempt
RV v. State - authentication of evidence
Orta v. State - violation of probation, evidence
Fisten v. Brown - arbitration award, confirmation
Strybuc v. Window Parts - impeachment of witness, judge’s interference
Golfin v. State - modification of community control, terms
Zyskind v. Koss - personal jurisdiction, conspiracy
Brodie v. Bayside Vill E CA - defamation, qualified privilege
Wu v. Alem - default, service of process
Minor Street v. Allen - sanctions, insufficient record
Ramos v. State - revocation of probation, oral pronouncement v. written order discrepancy
Great Lakes v. Montenegro - waiver of appraisal

Fourth District Court of Appeal - West Palm Beach

Hines v. Williams - marital dissolution; equitable distribution
Green Terrace v. Abruzzo - condo units; code enforcement lien
SBP Homes v. 84 Lumber - dismissal, complaint attachment, implied contract
Chiarella v. Ford - inconsistent verdict; preservation of error
RSBD v. Velocity #1 - striking pleadings, sanction, due process
Koerber v. State - surveillance photos, authentication, “silent witness”
Sun Gas v. BJ’s - Motor Fuel Marketing Practices Act, “motoring public”
Broward Cty School Brd v. Smith - arbitrator authority, remedy
Wurtzebach v. Flooring Depot - proceedings supplementary, fraudulent transfer
Palmer v. Felicetti Law - attorney charging lien, retainer agreement
Huston v. State - sentencing

Fifth District Court of Appeal - Daytona Beach

Harris v. State - Anders appeal, scrivener’s errors
James v. State - criminal acquittal, related offenses
Wilson v. NICA - birth-related neurological injury, benefits, § 766.302(2)
Flying Panda v. Rutherford - exculpatory waiver, arbitration
Anderson v. State - Anders appeal, correction, costs
Strickland v. State - habitual traffic offender, designation, removal
Leftwich v. Wal-Mart - summary judgment, slip and fall

Sixth District Court of Appeal - Lakeland

Hannah v. Malk Holdings - attorneys’ fee, costs