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Florida Appeals Court Decisions: Week of September 3 - 7, 2018

Appellate & Trial Support   |   September 7, 2018
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U.S. Eleventh Circuit Court of Appeals

US v. Williams – conflict of interest
Jones v. Live Well Financial -  reverse mortgage, foreclosure
Searcy v. RJ ReynoldsEngle progeny, due process, comparative fault
Martin v. Social Security Adm – Social Security benefits

Florida Supreme Court – Tallahassee

State v. Fla Greyhound - constitutional amendment, greyhound racing
Volusia v. Detzner - constitutional amendment, government structure
Morris v. Muniz - presuit medical expert, qualifications
In re J DuPont - judicial discipline
Johnson v. State - voice identification, familiarity
Bank of NY v. Glenville - foreclosure, surplus funds claims

First District Court of Appeal – Tallahassee

Knight v. State - Confrontation Clause; right to communicate with counsel
Employbridge v. Rodriguez - workers’ compensation
Borowski v. Ferrer - real property, easement, inconsistencies
Rosier v. State - competency
Johnson v. State - probation revocation
Sterling Breeze v. New Sterling - condominium, airspace
Bachman v. State - premature appeal
Russ v. Philip Morris - certiorari; attorney disqualification
Jackson v. State - sentencing, Booker
Lobidin v. FSU - administrative complaint, timeliness
Moreland v. State - new trial motion, standard
Swearingen v. Swearingen - parenting plan
Garcia v. Guiles - parenting plan, psychotherapist testimony, GAL
Sierra v. State - postconviction relief

Second District Court of Appeal – Lakeland

Canchola v. State - probation, absconsion, subject matter jurisdiction
Forbes v. Prime Gen - breach of contract, damages
Lundquist v. State - resentencing, new judge
Linares v. Pasco Sch Bd - school attendance boundaries

Third District Court of Appeal – Miami

Sullivan v. State - double jeopardy
State v. Sisco - sentencing
Junes v. State - rule 3.800(a)
Foster v. Chong - child support, parental responsibility
Quintero v. State - premature appeal
Inter Am Coal v. SHE - service of process, waiver, affirmative relief

Fourth District Court of Appeal – West Palm Beach

Ferrari v. State – cell-site location; search and seizure
Hargrett v. State – postconviction relief
Medina v. State – Stand Your Ground; instruction
Castillo v. State – racketeering
Restoration 1 v. Ark Royal Ins – assignment of benefits; insurance
Wells Fargo v. Elkind – foreclosure; standing; attorney’s fees
State v. Harper – entrapment
Defilippo v. Curtin -- statutory violation; negligence; causation
Pollard v. State – competency; sentencing
McCray v. State – possession; heroin
State v. Sylvestre – cell-site simulator; search and seizure
Weiner v. Country Club at Woodfield – pretrial stipulation; intent
McKensie v. McKenzie – marital dissolution; assets; distribution
South Fla Fair v. Joseph – limited sovereign immunity
State v. Reininger – sentencing
Key v. State – ineffective assistance; sentencing
McMillan v. State – sentencing
Langel v. State – Stand Your Ground; amendment; retroactivity

Fifth District Court of Appeal – Daytona Beach

Alexander v. State – child abuse, competency
Ralicki v. 998 SW Court – ex parte injunction, bond
Watson v. State – prior conviction, jury disclosure
Washer v. State – postconviction relief
Johnson v. State – postconviction relief


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