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Florida Appeals Court Decisions: Week of July 29-August 2, 2024

U.S. Eleventh Circuit Court of Appeals

Efron v. Candelario - Rooker-Feldman
Compulife v. Newman - copyright infringement, trade secret theft
ECB USA v. Chubb - insurance, canons of interpretation
Doe v. Emory Univ - Title IX, sex discrimination, implied contract
McCarthy v. Cordele GA - employment discrimination, race, motive
Moore v. Cecil - defamation, personal jurisdiction
Affordable Aerial Photo v. Property Matters - copyright infringement, prevailing party fees
USA v. Macrina - evidence, recorded conversation, code of ethics, bribery instruction
USA v. Davis - search and seizure, geofence warrant, standing
Gilmore v. Ga DOC - § 1983, strip search, prison visitor, qualified immunity
USA v. Thomas - sentencing

Florida Supreme Court - Tallahassee


No decisions this week

First District Court of Appeal - Tallahassee


Wells v. Wells - rule 12.490, finality, appellate jurisdiction
Ward v. Dixon - pro se sanctions
Smith v. DeSantis - belated appeal, civil matter
Walker v. Cape Food Props - temporary injunction, findings
Land ‘N Sea v. McDonald - workers’ compensation, appellate jurisdiction, nonfinal order

Second District Court of Appeal - St. Petersburg


Loumpos v. Raymond James - bank account, tenancy by entireties, certified conflict
EN v. DCF - attorney sanctions, bar referral
Oliver v. State - child hearsay
Englewood Comm’y  Hosp v. Sarasota Cnty - sovereign immunity, indigent care

Third District Court of Appeal - Miami


Orr v. AT&T Mobility - dismissal, incorporation by reference
Stein v. Fava Design Grp - breach of contract, evidence
Quintero v. State - restitution, evidence
Duffner Fam Tr v. Duffner Living Tr - breach of lease, remedy
MacMullin v. Findlay - arbitration, proposal for settlement
Rosales v. State - search of vehicle, probable cause
Ehrlich v. Hogle - dismissal, record activity
Hanna v. Hemelberg - small claims, authorized motions, referral to rules committee
Omega v. MSP Recovery Claims - venue
Gonzalez v. Dabbah - certiorari, deposition

Fourth District Court of Appeal - West Palm Beach


Marotta v. State - Miranda
Miller v. Moore - disgorgement, service
Boca View Condo v. Lepselter - attorney’s fees
Seven Restaurants v. Tulecki - changed expert opinion
Aristilde v. Dep’t Health - license, nurse
Izard v. Bois - sanctions, required findings
Testa v. Dolphin Suite - intervene
Dowers v. Johnson - paternity, custody, relocation

Fifth District Court of Appeal - Daytona Beach


McGary v. Pacifica Daytona - additur, pain and suffering
Baxter v. State - rehearing en banc, plain smell doctrine, certified conflict
Gillespie v. State - direct criminal contempt, rule 3.830
Leitner v. Leitner - summary judgment, warranty deed, undue influence
Vavra v. State - sentencing, restitution, costs
Higgins v. Citrus Hills POA - special concurrence; administrative remedies, exhaustion
Sanders v. State - Anders appeal, cost of investigation
Griffin v. State - probation revocation, scrivener’s error

Sixth District Court of Appeal - Lakeland


Ward v. Citibank - reasonableness of legal expenses


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