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Florida Appeals Court Decisions: Week of September 30-October 4, 2024

U.S. Eleventh Circuit Court of Appeals

USA v. Hill - evidence, theft, false claim
Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision
Johnson v. Terry - Bivens claims, rehearing granted
USA v. Lusk - enticement of minor, necessity of minor, sentencing
USA v. Read - sentencing, waiver
USA v. Hayden - sentencing
Rodriguez v. SSA - social security benefits, ALJ/appeals challenge, evidence

Florida Supreme Court - Tallahassee


In re Fla R Juv P - amended rules

First District Court of Appeal - Tallahassee


Apex Roofing v. USAA - insurance, AOB, § 627.7152
DOH v. Woliner - public records, costs, § 57.401
Franxman v. Franxman - prohibition, judicial disqualification

Second District Court of Appeal - St. Petersburg


Jones v. State - sentencing

Third District Court of Appeal - Miami


Freedman v. Garcia - homestead exemption, family unit
Incident365 v. Ocean Pointe V CA - contractor’s license, interpretation, concurrence
TM v. State - involuntary outpatient services, evidence
Alvarez v. Citizens - untimely voluntary dismissal, two-dismissal rule
Solivan v. State - BOLO, admissibility
Burr v. Ospino - attorney’s fees, vexatious litigation
Murphy v. Mia FL Home Sols - relief from judgment, notice of hearing
Myers v. Molla - insufficient record
Smith v. Horta - stalking, legitimate purpose
Pineiro v. Arano - insufficient record
Delgado v. Acosta-Renta - insufficient record
McLane Foodservice v. Wool - certiorari, deposition
Contreras v. Fernandez - appellate jurisdiction, order granting motion to dismiss
Jackson v. State - DNA testing
Watson v. State - order to show cause, pro se filings
Buysmart v. Chirinos - appellate jurisdiction, immediate possession of property
Brown v. State - order to show cause, pro se filings

Fourth District Court of Appeal - West Palm Beach


Sherrod v. StateFaretta inquiry; Stand Your Ground hearing
State v. Runcie – perjury; statewide grand jury; jurisdiction
LAD v. Eagle Trace – statute of limitations; breach of contract
McCaw v. State - lewd or lascivious molestation; principal theory, jury instructions
Frank v. Frank – marital dissolution; preservation; dependency tax exemption
Grand Harbor v. GH Vero – HOA; standing; breach of contract; statute of limitations
Eckert v. Strazzeri – premises liability; dangerous condition; knowledge
Rapid Surplus v. Ryan & Rick – foreclosure; surplus funds; priority
Woliner v. Wilmington Savings – foreclosure; mandamus; statement of evidence

Fifth District Court of Appeal - Daytona Beach


Braddock v. Port Orange - pension, forfeiture
Scott v. Young - probate, testamentary capacity
MN v. APD - eligibility for services

Sixth District Court of Appeal - Lakeland


Hutchins v. Est of Hutchins - no hearing, due process
Forrey v. Marlin Constr Grp - bad faith sanctions
Marcantonio v. Sansone - statute of limitations, fraud, conversion
Freeman v. State - summary disposition


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