Florida Appeals Court Decisions: Week of February 26 - March 1, 2024

U.S. Eleventh Circuit Court of Appeals

McDonough v. Garcia – rehearing en banc granted, vacating this First Amendment decision
Steele v. Comm’r of Soc Sec – probate, posthumously conceived child
NBIS Constr v. Liebherr-Am – economic loss rule, products liability; certification to Fla Sup Ct
USA v. Tripodis – sentencing
USA v. Gray – conspiracy, controlled substances, evidence
Smith v. Miorelli – class action, standing, injunctive relief
USA v. Kent – hearsay, law enforcement recount of witness statements

Florida Supreme Court - Tallahassee

Miller v. State – capital case, direct appeal
In re R Reg Fla Bar – amended rules, CLEs

First District Court of Appeal - Tallahassee

Kolb v. FCOR – certiorari, parole, release date
Mattingly v. Hatfield – grandparent visitation
Verizon v. DOR – corporate taxes, refund claim, non-claim statute
DOR v. Verizon – corporate income tax, taxable income
Hartfield v. State – sentencing
Gulley v. State – felon with firearm, constitutional challenge
Bowden v. State – postconviction relief, pro se sanctions
Horn v. State – mandamus, duty to rule

Second District Court of Appeal - St. Petersburg

Univ P&C Ins v. Perez – insurance, subrogation, § 627.714(4), retroactivity
State v. AMC – appellate jurisdiction, criminal/civil distinction
Markuson v. State Farm – insurance, settlement proposal, bad faith
Robison v. Citibank – appellate jurisdiction
Bartolotta v. Bartolotta – marital settlement agreement
DCF v. JB – certiorari, dependency, intervention

Third District Court of Appeal - Miami

Region v. State - admonishment of attorney
APD v. Angel Heart  - medicaid provider agreement, termination notice
Pimienta v. Rosenfeld - post-dissolution proceedings, attorney’s fees
Indoor v. Citizens - assignment agreement
Perez v. Hussaini - premises liability
Ruiz v. State - appellate jurisdiction, withdrawal of plea
Patino v. State - prohibition, speedy trial period

Fourth District Court of Appeal - West Palm Beach

Garnes v. State - sentencing
Heritage Prop & Caus v. Killmeyer - surprise witness
Roberson v. State - sentencing, oral pronouncement
Miron v. Hollywood - injunction, meter
Hanson v. Natl Legal Staffing - settlement agreement
Univ Prop & Caus v. Grove Isle - retroactivity
Lee v. Animal Aid - Anti-SLAPP, attorney’s fees
Paese v. State - stand your ground
School Bd v. Groover - administrative remedies

Fifth District Court of Appeal - Daytona Beach

Neighborhood Restaurant v. Wolff - slip and fall, new trial, closing
Lowry v. Lowry - dissolution, marital home
Council v. State - attempted murder; ineffective assistance, trial
St Paul’s v. Hilt - certiorari; discovery, associational privilege, First Amendment
RI CS2 v. State - statutory benefit fee, § 73.092(1)
Dunmar Estates HOA v. Rembert - certiorari; pre-suit mediation, HOA records
Henry v. Dept of Rev - due process, concession of error
Royal v. State - postconviction relief
Paschal v. State - belated appeal, civil
DCF v. State - certiorari; involuntary commitment, mental illness

Sixth District Court of Appeal - Lakeland

Arway v. Progressive - breach of policy, SOL
Cruz v. State -  probation, sentencing