Florida Appeals Court Decisions: Week of January 22 - 26, 2018
January 22, 2018
U.S. Eleventh Circuit Court of Appeals
US v. Presendieu - plea, sentencingLMP v. Broward Cnty Sch Bd - IDEA, standing
US Commodity Futures Trading Comm v. Southern Trust Metals- Commodities fraud
Keister v. Bell - preliminary injunction, first amendment
Madison v. Ala DOC - order vacating opinion
US v. Llewlyn - sentence reduction
Georgia v. Pruitt - preliminary injunction, CWA
Smith v. RJ Reynolds - Engle, comparative fault
Humana Med Plan v. Western Heritage Ins - en banc
Florida Supreme Court – Tallahassee
Anderson v. State - capital case, postconviction relief; Hurst Finney v. State - capital case, postconviction relief; Hurst
Hartley v. State - capital case, postconviction relief; Hurst
Jeffries v. State - capital case, postconviction relief; Hurst
Kelley v. State - capital case, postconviction relief; Hurst
Lightbourne v. State - capital case, postconviction relief; Hurst
Morris v. State - capital case, postconviction relief; Hurst
Stewart v. State - capital case, postconviction relief; Hurst
Trepal v. State - capital case, postconviction relief; Hurst
Trotter v. State - capital case, postconviction relief; Hurst
First District Court of Appeal – Tallahassee
Christian v. State - competency hearing Johnson v. State - jury selection
Ferrandino v. Riley - non-party subpoena
Betts v. State - pro se sanctions
Harrison v. Lee Auto - appellate jurisdiction, summary judgment
Allen v. State - untimely appeal
Thomas v. State - double jeopardy; fees and costs
Perez v. State - competency hearing
Homestead v. Foust - workers’ compensation
Delgado v. AHCA - Medicaid lien, wrongful death settlement
Speegle v. Rhoden - injunction, stay, companion criminal case
Second District Court of Appeal – Lakeland
Richards v. State - sexual predator registration Bermudez v. State - double jeopardy
Baker v. State - probation revocation
Wirth v. State - sentencing
PHH Mort v. Parish - foreclosure, default, paragraph 22
Third District Court of Appeal – Miami
State v. Shine - sentencing Two Islands v. Clarke - real property, easements, litigation privilege
Burton v. State - court appearance, video confession
Jester v. Pawley - unjust enrichment, limitations
Leggett v. State - grant theft, intent
Holmes v. State - pro se sanctions
Banco de los Trabajadores v. Cortez - personal jurisdiction, mootness
Cadet v. State - jail credit
McKenzie v. State - belated appeal
McDade v. State - postconviction relief
Fourth District Court of Appeal – West Palm Beach
Barton v. State - search and seizure; cell phone Goldman v. Lustig - dockage rights; easements
DFG Group v. Heritage Manor - attorney’s fees; damages
Newton v. State - booking photograph; evidence
Clark v. State - hood or mask enhancement; s. 775.0845
Longo v. Assoc Limousine - impleader; proceedings supplementary
Kirschner v. Kirschner - marital settlement agreement
Cabo Flats Jupiter v. Dawley - garnishment; summary judgment
Fifth District Court of Appeal – Daytona Beach
State Farm v. Harmon - remittitur, future medical expenses 21st Century v. Smith - harmless error
Penton v. Orange Cnty - lease, convention center, water damage
Sargent v. State - right to counsel
Wells v. State - probation revocation
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