Florida Appeals Court Decisions Week of December 15 - 19, 2025
U.S. Eleventh Circuit Court of Appeals
USA v. Jones - drug, gun crimes; evidence, improper closing; questioning re Miranda
Gantt v. Everett - § 1983, qualified immunity
USA v. Keegan - hearsay, medical diagnosis exception
Creative Choice Homes v. Amtax - partnership agreements, ouster, breach
Nat’l Small Bus v. DOT - Corp Transparency Act, identifying owners, constitutional challenges
Ala NAACP v. Ala Att’y Gen - elections, absentee ballots, gifts, certified questions to Ala SC
Williams v. Shapiro - ERISA, arbitration
Humphreys v. Ga DOC - postconviction relief
Walls v. DOC - postconviction relief
No decisions this week
Flowers v. State - sentencing
Bartley Inv v. Menendez - negligence, premises liability, security
Young v. State - Anders, costs
Highsmith v. Britten - rule 1.540, fraud
Marine Design v. All City - late-disclosed evidence, prejudice, concurrence
Miguel v. Miguel - attorney’s fees, sanction, no evidentiary hearing
Stolyar v. Hochstein - disqualification of counsel
Cade v. State - mandamus, sentence, no written order
Robinson v. State - life imprisonment, constitutionality
Geopath v. Espinosa - certiorari, no irreparable harm
Lan v. Est of Ridinger - class claim, agreement to arbitrate
USAA Cas v. MPS Recovery - personal jurisdiction, pure bill of discovery
Broche v. Broche - adoption of proposed order verbatim
Kasowitz v. Kasowitz - domestic violence, injunction
Bair v. Alert - substantial truth doctrine
Diaz v. Universal - post-loss affirmative defenses, no waiver
Magarino v. Bank of NY - insufficient record
Ofer v. Metro Mortg - order to show cause, pro se filings
Fourth District Court of Appeal - West Palm Beach
Sky Aviation v. Aviation Unlimited - limited contract remedies, summary judgment
Herman v. Ewers - appellate preservation, reply brief, JNOV, business value, damages
Guzman v. Fremontsmith - Rule 1.070(j), service of process
Wilson v. Universal Prop - insurance, delayed notice of loss, material breach, prejudice
Cooksey v. Ocean Ridge - dismissal with prejudice, amendment
Friend v. Serpa - AI phantom authority; pro se
New Leaf Assets v. Jerue - contract, reasonable time to perform, ambiguity
Mistivar v. Broward Sheriff - vexatious litigant, s. 68.093
Cohen v. Alkobi - marital dissolution, general magistrate, findings, evidence
Capps v. Capps - marital dissolution, emergency, child protection, due process
Fifth District Court of Appeal - Daytona Beach
Walsh v. Walsh - dissolution, equitable distribution, valuation
Reynolds v. Belk - trip and fall, open and obvious danger, inherent danger, summary judgment
Kidwell Grp v. Citizens Prop Ins - dismissal; homeowner’s insurance, assignment, § 627.7152(2)(a)4.
Harrington v. State - Anders appeal; jurisdiction, notice of appeal, ministerial resentencing
DeBenedictis v. State - postconviction relief
Bazinet v. Pinkerton - child custody, modification, time-sharing, school designation
Sixth District Court of Appeal - Lakeland
Frazier v. Cook - preservation, lack of record
Ward v. State - sentencing, harmless error
Geico v. Yvars - proposal for settlement, attorneys’ fees
Barros v. Mahmoud - preservation, lack of record
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