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Florida Appeals Court Decisions: Week of November 12 - 16, 2018

Appellate & Trial Support   |   November 16, 2018
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U.S. Eleventh Circuit Court of Appeals

US v. St. Hubert - crimes of violence, Hobbs Act

Florida Supreme Court - Tallahassee

Harvey v. State - capital case, postconviction relief
Mungin v. State - capital case, postconviction relief
Reed v. State - capital case, postconviction relief
IAF v. State - dismissed, improvidently granted
Herssein & Herssein v. USAA - judicial disqualification, Facebook friends
In re J White-Labora - judicial discipline
In re Fla Std Jury Instr (Crim) - amended instructions

First District Court of Appeal - Tallahassee

DOH v. Shands - trauma centers, need, rulemaking
Buck v. Jones - prisoner grievance
Convergent Tech v. Stone - non-solicitation agreement
Am Heritage Life v. Smith - certiorari, punitive damages amendment
Torrens v. Shaw - election, qualification, private right of action

Second District Court of Appeal - Lakeland

Darwin v. State - sentencing
Aguilar v. State - search and seizure
Purdue v. RJ Reynolds - rule 1.540, notice, lack of prosecution
Baden v. Baden - prohibition, voluntary dismissal, trusts
Diamond v. Gallin - vacating default
Citizens v. Salkey - insurance, concurrent cause, excluded peril
Sorensen v. Bank of NY - foreclosure, amending pleadings
Home Title v. LaSalla - LLCs, standing to sue, direct injury
FL-7 v. SWF - real estate broker, commissions

Third District Court of Appeal - Miami

Miami v. Puerto Peralta - appellate jurisdiction, sovereign immunity
Silva v. State - self-defense instructions
US Bank v. Raheb - adopting proposed order; foreclosure, prior dismissal
Peoples v. State - habeas corpus
Cuenca v. State Bd of Admin - retirement benefits

Fourth District Court of Appeal - West Palm Beach

Pierre v. State - sentencing
Nationstar Mortg v. Cullin - foreclosure; appellate record
Joseph v. State - Miranda; right to counsel
Ramsay v. State - competency hearing
Nuttle v. Nuttle -- alimony
Olsen v. Olsen - temporary injunction; unsworn statements
Richard v. Bank of Am - rule 1.540; due process; summary judgment
Palm Beach Gardens v. Oxenvad - annexation; certiorari; jurisdiction

Fifth District Court of Appeal - Daytona Beach

Baker v. State - remand, juvenile sentencing
Berger v. State - en banc; attempted sexual battery, minor
Griffin v. Putnam County Sheriff - Whistle-blower’s Act
Kohl v. Rammacca - dissolution, setoff
Clark v. State - scrivener’s error
In re Adoption of JMB - stepparent adoption, consent
Minix v. State - postconviction relief
Jones v. State - community control
Smail v. State - sentence
PR v. DCF - parental rights, termination
Duncan v. State - rule 1.540(b), opportunity to amend


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