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Florida Appeals Court Decisions Week of September 29 - October 3, 2025

U.S. Eleventh Circuit Court of Appeals

Ivory v. USA - postconviction relief
Gould v. Interface - employment, agreement, preservation of error
Devengoechea v. Bolivian Repub - Foreign Sovereign Immunities Act, trial in absentia

Florida Supreme Court - Tallahassee


Demas v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee


Gainesville v. Parkwood Alachua - commercial contract, breach, interpretation
McGlaun v. State - sentencing
Ribbing v. State - theft, value of goods, evidence
Andrews v. State - evidence, authentication
Smith v. State - postconviction relief
Credit Accept v. Hale - foreclosure, default judgment
Franklin v. Franklin - prohibition, judicial disqualification

Second District Court of Appeal - St. Petersburg


Williams v. State - probation revocation
Penny v. State - murder, evidence
Simek v. Heritage P&C - venue transfer

Third District Court of Appeal - Miami


Dixon v. State - convicted felon, preservation
Cherfrere v. State - postconviction relief
Perez v. State - information, jury instruction
Universal v. Diaz-Torres - remittitur, matching costs
Nichols v. City of Miami Beach - equal protection, short-term rentals, continuance
Goodman v. Goodman - partition
Cruz v. Perez - fraud, dismissal
Cruz v. Gonzalez - initial brief, abandoned issues
Treasure Cay v. Frontline - post-loss obligations, appraisal
Gonzalez v. Amor - dismissal, service
Abbey v. Abbey - equitable distribution, durational alimony
Portilla v. Gabela - city commission, candidate, residency
City of Miami v. Alvarez - conspiracy, sovereign immunity
Fla Recovery v. Westport Recovery - section 57.105 attorney’s fees
Pierre v. Honore - prevailing party attorney’s fees
Mark W. Rickard, P.A. v. Ferrari - section 57.105 attorney’s fees
Hernandez v. State - prohibition, habeas corpus ad prosequendum
Cuff v. State - belated appeal, correction of jail credit
Delgado v. Miller - certiorari, discovery
Benenson v. Marchenko - rent, insufficient record

Fourth District Court of Appeal - West Palm Beach


State v. Prophet - downward departure
Myrick v. State - grand jury, fraud and deceit
Polycarpe v. Fannie Mae - quiet title

Fifth District Court of Appeal - Daytona Beach

Warner v. Warner - dissolution, alimony, child support, equitable distribution
Storey Mountain v. ASHCO - default judgment, vacate
Tucker v. Adams - paternity, child support, timesharing, findings

Sixth District Court of Appeal - Lakeland

PHLster v.  Bernstein Firm - dismissal, conversion
Pitts v. Universal - residence premises, waiver
Taha v. Hassan - equitable distribution stipulation
State v. Bryant - preservation
State v. West - downward departure sentence, preservation
Dep’t of Revenue v. Serwe - child support payments, preservation
Diamond v. State - prohibition, self-defense immunity


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