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Florida Appeals Court Decisions: Week of October 14-18, 2024

U.S. Eleventh Circuit Court of Appeals

Siples v. BR ExplorationDaubert, causation testimony, toxic exposure
Lozman v. Riviera Bch – eminent domain, comprehensive plan, ripeness
Hidroelectrica Santa Rita v. AIC – arbitration, vacatur
In re Grand Jury – appellate jurisdiction, grand jury subpoena, objections
GEICO v. Glassco – Fla Motor Vehicle Repair Act
Jimenez v. DHS – FOIA, visa revocation

Florida Supreme Court - Tallahassee


Fla Bar v. Alva – attorney discipline
Boatman v. State – capital case, direct appeal

First District Court of Appeal - Tallahassee


BAM Trading v. OFR – en banc, emergency suspension order, money services company
Robinson v. State – sentencing
State v. Oliff – nolle prosse, due process
Lavinder v. Bryson – alimony, contempt
Charo v. State – certiorari, appeal, summary affirmance
Enfinger v. State – mandamus, mootness
Rahaim v. Dixon – certiorari, appeal, summary affirmance

Second District Court of Appeal - St. Petersburg


State v. LC – search and seizure, show-up procedure
Santiago v. State – continuance, erroneous denial
State v. Harris – search and seizure, blood draw
Matos v. State – sentencing
Gibson v. US Bank – § 57.105, sanctions, fee award
Rouson v. DOR – child support
Burgos v. Vargas – UCCJEA, notice
Tampa v. Foottit – sovereign immunity

Third District Court of Appeal - Miami


McCartney v. State - speedy trial violation
Azin v. State - firearm, evidence, preservation, improper comments
Burnell v. State - right to confrontation, preservation
Advanced Design v. Zein - foreign judgment, vacatur, settlement agreement
Mantilla v. State - playback, absence of judge, waiver
AAA Cap Funding v. Desange - coverage, damages, evidence
Hernandez v. Heritage - summary judgment, continuance
Felder v. State - ineffective assistance, tape, jury instructions
Almeyda v. Almeyda - residency, evidence
State v. Harris - self-defense, evidence
People's Tr v. Hernandez - failure to mitigate, prejudice
McLane Foodservice v. Wool - punitive damages, amendment, dissent
Pinkney v. State - Richardson hearing, harmless error
Lopez v. Mel-Mont Med - promissory note, sua sponte summary judgment
Cruz v. Clyne - sanctions, dismissal, written findings
Merfe Constr v. Morales - attorney’s fees
Cruz v. Morales - relocation of child, evidence
Homeowners v. Albury - golden rule
Jacobs v. Jacobs - order granting motion to dismiss, appellate jurisdiction
Marathe v. Molina Healthcare- corrective payments, ripeness
PAJ Inv Grp v.  El Lago NW 7th CA - dismissal, easements
Utile v. State - postconviction relief
SM v. DCF - certiorari, disposition, evidence
LoCascio v. State - habeas, barred claims
Bourlakova v. Landau - forum non conveniens, Kinney factors
Smith v. Rodriguez - stalking, legitimate purpose
Davis v. State - reasonable suspicion
Dunaj v. Worley - custody, child support, evidence
Perez v. State - postconviction relief
McNae v. Fitzgerald - personal jurisdiction, breach of contract
JC v. DCF - termination of parental rights, egregious abuse
Investcom Constr v. Plaza Del Prado CA - prohibition, dismissal, vacatur, invited error
Thomas-McDonald L Firm v. Silva  - certiorari, protective order, witness
Smith v. City of Mia - second-tier certiorari, scope of review
McIntyre v. State - rehearing, habeas, waived issues
Booker v. State - postconviction relief
Milian v. State - habeas, ineffective assistance

Fourth District Court of Appeal - West Palm Beach


Aliff v. Weiss – additur; contract damages; invited error
Peterson v. State – prosecution cost; investigation cost
Danny’s Fuel v. Brinks – improper service; corporation; registered agent
Giacomaro v. Brossia – paternity; timesharing; speculative findings
Gabriel v. State – animal attack; Stand Your Ground; statutory construction

Fifth District Court of Appeal - Daytona Beach

Dwight v. Dwight - permanent periodic alimony, downward reduction
Heather v. Spencer - paternity, voluntary acknowledgement, fraud
Beres v. Relx - appellate jurisdiction; attorney’s fees, entitlement
Calvert v. Surrency - compel arbitration, standing

Sixth District Court of Appeal - Lakeland


Harris v. Gilzean - preservation, standing
Progressive v. Fla Hosp Ocala - policy and statutory construction
Jones v. State - postconviction relief
Gunsby v. Mackey - calculation of damages
Harrison v. NC3 Systems - personal jurisdiction
Chabla v. Streinikov - summary disposition


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