Florida Appeals Court Decisions: Week of November 11-15, 2024

U.S. Eleventh Circuit Court of Appeals

Baxter v. Hendren - appellate jurisdiction, not pursuing claim, § 1983, excessive force, battery

DOC v. Gould - discharging jurisdiction, conflict, attempted sexual battery
Citizens of Fl v. Fay - PSC review, power grid improvement, striking expert

Wester v. State - RICO, certified question
McKee v. State - lay testimony, “grooming” behavior; instructions, lesser included
Pula v. Dixon - pro se sanctions
Wood v. Polisknowski - habeas corpus, summary affirmance
Voegele v. State - postconviction relief
Birdsong v. State - sentencing
Meeks v. State - pro se sanctions
Bravo v. Johnson - prohibition, child support, UCCJEA
Lawrence v. State - habeas corpus

Donahue v. Donahue - equitable distribution
Day v. Hydrologic Dist - temporary injunction, former employee
Toorak Cap v. Cap Serv - pleading requirements, contractual modification
Grant v. Kunke - estates, reasonably ascertainable creditors
Straub, Seaman & Allen v. Quality Auto - personal jurisdiction
McDaniel v. State - habeas corpus, forensic client

Ruth v. Lubow - summary judgment, rehearing, new evidence
Lugo v. State - postconviction relief
Rojas v. Otero - equitable distribution, reservation of jurisdiction
Pipistrel Italia v. Ciccolini - personal jurisdiction, intent to serve market in forum state
Zanzi Asset Mgmt v.  2G Food - setoff, settlement
Quesada Valdes v. 1313 Ponce de Leon Bldg - summary judgment, contradiction by record
City of Mia Beach v. Kwartin - certiorari, noise ordinance, vagueness
Hsu v. Atassi - personal jurisdiction, no findings
Lozano v. Est of Leon-Lozano - donative intent, no hearing
Lloyd v. State - postconviction relief
Universal X Rays v. Infinity - prohibition, disqualification of judge

Lopez v. State – confrontation clause; Zoom; harmless error
United Cab v. Muller – proposal for settlement; attorney’s fees; setoffs
Green v. State – mistrial; juror misconduct; internet search
Nat’l Loan v. Tabernacle – foreclosure; sanctions; proposed judgment, acceptance
Vitalia Residents’ Assoc v. Vitalia – Homeowners’ Association Act; developer turnover, assessments
Primecare Network v. Payroll – default final judgment; any paper, due process, notice
All Purpose Title v. Knobloch – fiduciary duty; escrow agent; proper party
Universal Prop v. Williams – default final judgment; due process; notice; transcript

Fifth District Court of Appeal - Daytona Beach

Muurahainen v. TJX - trip hazard, open and obvious
Smith v. Smith - dissolution, equitable distribution
Moncrief v. Kollmer - medical malpractice, medical expert, pre-suit verification  
Crocker v. Waldron - appellate preservation
Mickler v. Triplett - car accident, preexisting injuries
Grant v. State - withdraw plea; sentencing, impermissible factors
Watson v. Spencer - presumptive paternity, fraud
King v. State - probation revocation, violent felony offender, written order
Summers v. State - certiorari; sentence modification
Crandall v. State - mandatory cost
Robinson v. State - habitual felony offender, predicate convictions
Brown v. State - written sentence, oral pronouncement
Baker v. Jordan - election, disqualify candidate
JR v. DCF - parental rights, termination, substantial evidence

CT v. TG - appellate attorneys’ fees
Murray v. State - postconviction relief
Lai v. State - inconsistent verdict
State v. Banda - sentencing, double jeopardy
Decker v. Cerisme - summary adjudication

The provided links above may be available for a limited time only, as courts sometimes relocate opinions on their websites. Should that occur, please use the “written opinions archive” links provided below each court header to search for the opinion using the case name. The availability of opinions through these channels may vary and is subject to the discretion of the courts.