Florida Appeals Court Decisions: Week of April 9 - 13, 2018

Appellate & Trial Support   |   April 9, 2018
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U.S. Eleventh Circuit Court of Appeals

Quality Auto Painting Ctr v. State Farm – en banc 
Hammett v. Paulding Cnty – rehearing 
US v. Plasencia – search & seizure, sentencing 
US v. Cochise Consultancy – qui tam, false claims act, limitations

Florida Supreme Court – Tallahassee

Quince v. State - capital case, postconviction relief
State v. Smith - criminal offense, limitations statute, preservation
Hall v. State - capital case, postconviction relief

First District Court of Appeal – Tallahassee

FWCC v. Daws - hunting, trespass, takings, nuisance, injunction
Andrews v. State - postconviction relief
Renfro v. State - postconviction relief
KD v. DCF - parental rights, termination

Second District Court of Appeal – Lakeland

Kania v. State - double jeopardy
Dortch v. State - leaving scene of crash
Johns v. State - search and seizure
Dunedin v. Pirate’s Treasure - sovereign immunity

Third District Court of Appeal – Miami

Tennyson v. State - impeachment; re-cross examination; Giglio violation
Peltz v. Trust Hospitality - rule 1.442, proposal for settlement
Acosta v. Tower Hill - appellate jurisdiction, attorney’s fees 
First Equitable v. Grandview Palace - prejudgment interest
EC v. State - burglary, structure
JPMorgan v. Villacorta - rule 1.540, successive motions
Windhaven v. Biscayne Rehab - second-tier certiorari; circuit court appeal, dismissal

Fourth District Court of Appeal – West Palm Beach

Anguille v. State—double jeopardy
Hudson v. US Bank—foreclosure
Dubner v. Ferraro—injunction; finding; bond
Smith v. State—fragmented sentence
Bloom v. Ironhorse POA—arbitration; jurisdiction
Blackwood v. State—improper comment; youthful offender

Fifth District Court of Appeal – Daytona Beach

Walt Disney v. Grimes – closing argument, fundamental error
Jedak Corp v. Seabreeze – breach, insurance coverage, damages
Taylor v. State – investigation costs, scrivener’s error
Pavilus v. State – competency, written order       
Wilkerson v. MV Transp – dismissal, Kozel factors
Harris v. State – postconviction relief
Northport Health v. Champagne – compel arbitration 
Crawford v. State – rehearing, probation, hearsay

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