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Florida Appeals Court Decisions Week of July 21 - 25, 2025

U.S. Eleventh Circuit Court of Appeals

Am  Sec Ass’n v. SEC - APA, rule challenge
Weinstein v. 440 Corp - Rule 41(a), dismissal
Sedona Partners v. Able Moving - False Claims Act, amended complaint, disregarding allegations
USA v. Kennedy - evidence, texts, expert testimony, sentencing
MONY Life v. Perez - insurance, unjust enrichment
Central Baptist v. Church Mutual Ins - insurance, misrepresentation
Jimenez v. Att’y Gen - Civil Rights Act, Rehab Act

Florida Supreme Court - Tallahassee


Zakrzewski v. State - capital case, postconviction relief

First Dstrict Court of Appeal - Tallahassee


Whitlow v. Tally Mem’l - negligence, knowledge of danger
Anderson v. Sch Bd of Escambia - wrongful death, presuit notice
Gartman v. So Tactical Range - nuisance, shooting range, Access to Courts challenge
Moon v. Philip Morris - tobacco claims, pleadings
Waters v. Peters - appellate jurisdiction, order granting motion to dismiss
Escambia v. Palmetto Surety - bond discharge
Aldridge v. Jayyous Prop - mortgage, loan, guaranty, breach
Wallace v. State - ineffective assistance, appellate counsel

Second Distric Court of Appeal - St. Petersburg


Thompson v. State - drugs, constructive possession
Mullarkey v. Tiraco - child support
GAL v. VC - certiorari, timeliness
Hills Clerk v. Manhattan Palms - sovereign immunity, clerk of court, certified conflict


Third District Court of Appeal - Miami


Gomez v. CVPort - promissory note, enforcement 
Whipple v. State - special jury instruction, admissibility of evidence 
Jaime v. State - conviction, evidence 
Miller v. State - organized fraud, evidence 
Brock v. State - reasonable suspicion, evidence
Gorla v. Vig - timesharing, evidence 
New Face v. Vargas - settlement, mootness 
Ervin v. Alvarez - medical malpractice, statute of limitations
Almagro v. Sch Bd of Miami-Dade Cnty - grandfathered salary schedule, standing 
Coloplast v. MSP Recovery - personal jurisdiction
Oliver v. State - preservation, fundamental error 
Broughton v. State - ineffective assistance of counsel
Guerra v. Parc Lofts - intervention, insufficient record 
Pace v. State - rehearing, sentence 
Dumond v. State - habeas, ineffective assistance of appellate counsel
Aabbott v. Kligman - time-sharing, evidence 
Lopez v. Fernandez - insufficient record 
Lopez v. State - habitual violent felony offender, sentence 
Alvarez v. State - life imprisonment, constitutionality 
Comer v. State - habeas, detention, commissioner
Brown v. State - habeas, postconviction relief

Fourth District Court of Appeal - West Palm Beach


Wallace v. Wallace - dissolution, findings
Aviation Performance v. Hinshaw - legal malpractice, settlement
Alexander v. State - statutory definition, jury instruction
Macana Investments v. Longridge Fin - foreclosure sale
Harris v. State - self-defense
You Restoration v. First Protective - insurance, late notice
Wynn v. Huffman - summary proceedings
Lawson v. State - prohibited substance, fundamental error
Book v. Sharief - punitive damages, findings
Cowans v. Maximus Education - credit reporting

Fifth District Court of Appeal - Daytona Beach

 

Wilkerson v. State - habitual felony offender, harmless error
Townsend v. State - Anders appeal, cost of investigation, sentencing enhancement
Berrios v. State - Anders appeal, prosecution costs
Mathis v. State - plea withdrawal, conflict-free counsel

Sixth District Court of Appeal - Lakeland

Griffin v. Pearson - standing in probate
Melrose Ventures v. Uptempo Mktg - preservation, new argument on rehearing
Major v. State - retroactivity of procedural law
Caldwell v. State - summary disposition
JJL v. DCF - belated appeal, parental rights


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