Florida Appeals Court Decisions: Week of November 4-8, 2024

U.S. Eleventh Circuit Court of Appeals

Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination
Project Veritas v. CNN - defamation, Twitter deplatform
USA v. Maisonet - sentencing  
Swinford v. Santos - § 1983, excessive force, qualified immunity, video at pleading stage

Mitchell v. Race - certified conflict jurisdiction, no clear conflict
In re Fla R GP & JA - amended rule, court reporters
In re Fla Prob R - amended rule, oath of personal representative

N Broward Hosp Dist v. AHCA - audits, emergency services, undocumented immigrants
Richardson v. State -  competency
Richardson v. State - rule 3.800(b)(2)
Miami Donuts v. Villarreal - workers’ compensation
AFSCME v. PERC - mootness
Baity v. State - habeas corpus, pro se sanctions
ACC v. FSU - certiorari, stay, college sports

Rivera v. State - resisting officer, justifiable stop, search and seizure
Bessey v. CILB - contractor license, suspension, recovery fund
Mota v. USAA - settlement, enforcement, proposed release

Acosta v. State - robbery, murder, firearm, evidence, character evidence
Ospina-Shone v. Shone - divorce, attorney’s fees, evidence
Richards v. State - jury, assault, evidence, closing
TIJ v. State - resisting without violence, investigatory stop, evidence
State v. Vinokurov - rehearing, evidence suppression, motorboat stop, plain view
Swerdlow v. Royal Oaks Lane - foreclosure, deficiency judgment, amendment to pleading
Midland Credit Mgmt v. Maitland - no service, dismissal with prejudice, hearing
SUR v. Fondo de Inversión Stella - non-joinder of party, preservation
Aday v. Universal - appellate jurisdiction, denial of rehearing
Rigg v. Bank of Am - no service, dismissal without prejudice, tipsy coachman
Phil Harris Constr v.  Action Rentals Holdings - breach of contract, insufficient record
Abramov v. NextGear Cap - garnishment, exemption, joint account
Tews v. Trade Music Int’l - possession, no rent

Safeco v. Heikka - third-party bad faith, disqualification
Gilbert v. State - sentencing, judicial notice
Coniglio v. State - downward departure
Kajaine Capital v. Abouzeid - breach of fiduciary duty, damages
O’Brien v. O’Brien - alimony, modification
Navy Fed Credit Union v. Veros Credit - garnishment, jurisdiction
Palm Beach v. Fla. PACE - home venue privilege
Gallagher v. State - pro se, discovery deposition

Fifth District Court of Appeal - Daytona Beach

Lutgens v. State - restitution order, notice of appeal, jurisdiction
La Fiduciaria v. Portuguez - personal jurisdiction, declaration
Smith v. Universal Prop - certified conflict; pre-suit notice, § 627.70152
Ashford v. State - sentencing
Zaidman v. State - Anders appeal, scrivener’s error
Leggett v. State - marijuana odor, investigatory detention, exclusionary rule

Petro Welt Trading v. Brinkmann - due process, arguments never raised
Creative Hardscapes v. Prawzik - attorneys’ fees, nature of dismissal
Andrillon v. State - sentencing
Henry v. Henry - summary adjudication
Lott v. Reemployment Assistance - summary adjudication

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