Florida Appeals Court Decisions Week of December 8 - 12, 2025

U.S. Eleventh Circuit Court of Appeals

Settle v. Collier - § 1983, qualified immunity
Fairfield So v. OWC - Black Lung Benefits, statutory interpretation, underground mine
USA v. Cremades - drug distribution, evidence

Loumpos v. Bank One - tenancies by the entireties
Walls v. State - capital case, postconviction relief

State v. Rush - competency
Jett v. State - sentencing, Alleyne
Fla Roof Masters v. Page - standing, breach of contract

Johnson v. State - sentencing
Rowe v. State - sentencing
Rivera v. State - postconviction relief
Russell v. Mells - amending pleadings; appellate sanctions, AI-generated brief

Ruiz v. State - departure sentence
Kendrick v. State - prohibition, mistrial
Bien-Aime v. State - uncharged offenses, sentence
Hennington v. State - time served
Ocean Cap v. Obsidian - dismissal, service, due process
Fletcher v. Bd of Cnty Comm’rs - appellate jurisdiction, original judgment
Martinez v. Morey - eviction, determination of rent
Miami-Dade Cnty v. Martin - slip and fall, constructive notice
Merco v. Gen Computer - proceedings supplementary, receiver, insufficient record
Rivas v. Behar, Gutt & Glazer - probate, lack of prosecution
Espinosa v. State - postconviction relief
Garcia v. City of Homestead - action against state, notice

Kenyon v. State - attempted murder
Snyder v. Ward - attorney’s fees, prevailing party
Universal v. Fleur - jury selection, authentication
Bryan v. Bryan - dissolution, findings
Lally v. Lally - parenting plan, modification
Gore v. Encarnacion - substitute service of process

Fifth District Court of Appeal - Daytona Beach

Brooks v. State - sentencing, Apprendi
Mackey v. State - interrogating statements, improper opinion
Martin v. Sater - certified question, en banc; marital settlement agreement, set aside

Sixth District Court of Appeal - Lakeland

Adams v. State - Anders appeal, court costs
JNS v. State - delinquency, dismissal of charges
Alape v. State - preservation, jury instructions
Figueroa v. Universal Prop - preservation, new argument on rehearing
Masson v. State - preservation, jury instructions
Saito v. Collier County - dismissal, final appealable order

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