Florida Appeals Court Decisions Week of August 24 - 28, 2026

U.S. Eleventh Circuit Court of Appeals

USA v. Smith - firearm possession, Second Amendment, sentencing
All Does v. Conrad & Scherer - appellate jurisdiction, collateral orders, attorney charging lien
Acevedo v. Diaz de la Portilla - whistleblower, First Amendment, qualified immunity
Doe v. Carnival - cruise, false imprisonment, sexual assault, evidence, cross-exam
Ellis v. Hillsborough Sheriff - employment, retaliation, Title VII
Burton v. Espino - prisoner, treatment, Eighth Amendment
Jones v. USA - rehearing en banc, vacating this decision
USA v. Miller - robbery by intimidation, evidence
USA v. Thompson - Sixth Amendment, discovery, continuance, search and seizure

In re Fla R App P - amended rule

Fish v. Extreme Enters - workers’ compensation
Carpenter v. State - sentencing
Key Haven v. FDEP - takings, limitations
Ferrari Fin v. Auto Vault - auto lien, notice
Venger v. Reno - timesharing, reunification
Bellamy v. Lee Law - prohibition, judicial disqualification

Russell v. State - grand theft, evidence
Stout v. Cassity - landlord/tenant, evidence, jury interview
Haynes v. State - jail credit
Czyszczon v. Treasure Island - city commissioner, recall proceedings, injunctive relief

Yellowfin Yachts v. Rosen - punitive damages proffer
Rosenberg v. Gerson - probate, non-final order, appellate jurisdiction
Dominguez v. Suarez - partition by sale
Citizens v. Diaz - coverage exclusion, water damage
Galguera v. Avila - inadequate record, injunction
Salussolia v. Nunnari - withdrawal of technical admissions
Shaw v. State - civil commitment, discharge petition
GNU v. Miami-Dade Cnty - exhaustion of administrative remedies
Desir v. State - habeas corpus, “not a second appeal”
Hawkins v. State - postconviction relief
Goldman v. Lewin - punitive damages proffer, probate
Adorno-Cunill & Damas v. Dylewski - certiorari, financial discovery
Neira v. Acosta - child support, criminal contempt
Okaloosa Properties v. Hoffman - tortious interference, litigation privilege
Merco Group v. General Computer - remittitur, unsupported damages
Schmidt v. Stokes - arbitration award, motion to vacate
Gonzalez v. Citizens - coverage, mitigation of loss
Feijoo v. Progressive - PIP benefits, preservation
Jackson v. State - postconviction relief
HeartPoint v. Dragon Blue - reasonable fees, deference to factfinder
Tolipov v. Bojorque - parental timesharing, inadequate record
Alters v. Villoldo - contractual construction
Premier Mitigation v. Citizens - assignment, mitigation of loss

Laplace v. State - six-person jury, threat to injure or kill; prosecution costs
Gonzales v. State - six-person jury, sexual battery, jury question about sentence
Unger v. Unger - disqualified judge, written order, oral pronouncements, remedy
In re Adoption of KE - adoption, § 63.032(16), “consanguinity” definition, construction
Duby v. Marreno - dissent; injunction, stalking, due process
Gardner v. State - first-degree murder, bond hearing, due process

Fifth District Court of Appeal - Daytona Beach

Rios v. Hawkins - dog adoption, replevin; dismissal, due process, notice
Milburn v. O’Conner - certiorari; writ of possession
MM v. DCF - child, dependent, foster care
BM v. DCF - child, dependent, foster care

Sixth District Court of Appeal - Lakeland

Mensah v. State - postconviction relief
Bowles v. State - costs
Torres v. State - postconviction relief
Gonzalez v. LaGrasse - unauthorized practice

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