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Florida Appeals Court Decisions Week of September 21 - 25, 2026

U.S. Eleventh Circuit Court of Appeals

Callaway v. Adcock - § 1983, qualified immunity

Florida Supreme Court - Tallahassee


In re Judge Smith - judicial discipline

First District Court of Appeal - Tallahassee


LC v. DCF - parental rights, termination
Gabriel v. State - jury instruction, abnormal mental condition
Adderly v. State - sentencing
Smith v. State - search and seizure
Knight v. State - scrivener’s error
Parish v. State - search and seizure
Village Center v. Illeck - workers’ compensation

Second District Court of Appeal - St. Petersburg


Johnson v. State - sexual battery trial, cross-exam scope
Ausburn v. Wesley Chapel - premises liability, slip and fall, summary judgment, notice
Talbot v. Tampa - land use, variance, rooftop view, standing, certified question
Stewart v. Universal P&C - mistrial, party’s injury prior to trial
Brown v. State - twelve-person jury

Third District Court of Appeal - Miami


Amatullah v. Roney Palace - defective pro se complaint
Valencia v. Wal-Mart - summary judgment without hearing
NB v. Fla DCF - preservation
Sunny Isles v. Sunny Isles - supremacy of condo declaration
Smith v. State - postconviction relief
Limos S Fla v. Levit - punitive damages proffer, licensing violation
Universal X Rays v. Infinity - PIP benefits exhaustion
Fonte v. State - confrontation clause, toxicology report
Garcia v. Regional - pro se complaint, dismissal
Ryan v. Perez - AI hallucinations


Fourth District Court of Appeal - West Palm Beach


Bedward v. State - PTSD evidence
Built Green v. Environ Condo - summary judgment; monetary damages
Valiente v. Romero - dissolution, settlement agreement
Grumberg v. Thompson-Kow - paternity, child support
McFarlane v. Holness - homestead status
Villages v. Shoyfer - assessment, attorney’s fees
SW Ranches v. Supreme Organics - appellate jurisdiction, sovereign immunity

Fifth District Court of Appeal - Daytona Beach

Gresham v. FEC Hwy Servs - punitive damages, amendment, standard
Montevilla v. Lennar Homes - initial brief, waiver
Hrachova v. Deutsche Bank Tr - due process, dismissal
Kou v. Fla Repub Senatorial CC - contempt power, anti-SLAPP
Jenkins v. State - Spencer bar, pro se
Devoe v. State - drug trafficking, clerical error, sentence

Sixth District Court of Appeal - Lakeland

Roman v. Roman - child support
1st Oriental Mkt v. Enson Mkt - untimely appeal
Martorano v. Alfano - insufficient record
Moretto v. State - Apprendi, postconviction relief
Crook v. State - Apprendi, postconviction relief
Grace v. State - Apprendi, postconviction relief
Jenkins v. State - untimeliness, postconviction relief
Jennis v. State - newly discovered evidence, postconviction relief
Zivkovic v. Lee County - appellate jurisdiction, administrative appeal
Berntsen v. Santopietro - stalking injunction


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