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Florida Appeals Court Decisions: Week of October 15 - 19, 2018

Appellate & Trial Support   |   October 19, 2018
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U.S. Eleventh Circuit Court of Appeals

US v. Couch - False Claims Act, intervention options
Code Rev v. Public.Resource - copyright, state code’s official annotations
Cambridge v. Albert - copyright, fair use, educational materials
Hornsby-Culpepper v. Ware - employment, wage discrimination, retaliation

Florida Supreme Court - Tallahassee

Lowe v. State - capital case, direct appeal
Fla Bar v. Patterson - attorney discipline
In re Judge Santino - judicial discipline
Conahan v. State - capital case, postconviction relief
Shirah v. State - pro se sanctions
Schiming v. Jones - pro se sanctions
Detzner v. Anstead - proposed constitutional amendments
Brown v. State - dismissed, jurisdiction discharged
DeLisle v. Crane - evidence code, Daubert/Frye, separation of powers
US Bank v. Anthony-Irish - dismissed, improvidently granted
Born-Suniaga v. State - speedy trial
Jones v. State - capital case, postconviction relief
Detzner v. League - supreme court appointments

First District Court of Appeal - Tallahassee

Cuomo v. State - postconviction relief
Simmons v. State - Williams rule evidence, closing arguments
State v. Williams - probation violation, preservation of error
Thompson v. State - fundamental error, murder, deadly weapon
Himes v. State - postconviction relief
Bayfront v. DOH - mootness
Klingler v. State - double jeopardy
Holiday Isle v. Parcel 160 - attorney’s fees, chapter 720
Howard v. Tallahassee - workers’ compensation
Hale v. State - prohibition, judicial disqualification
Murphy v. State - appellate jurisdiction, timely notice of appeal
Jones v. State - constructive possession
Edwards v. State - Stand Your Ground
Jackson v. State - prohibition, notice, aggravating factors
Monroe v. State - certiorari, indigent with pro bono counsel
Baker v. State - mootness
Pipeline v. Transition - sanction, failure to appear, excusable neglect
Richardson v. State - trial court jurisdiction
Sussman v. DOC - indigency, costs
McIntosh v. State - postconviction relief
Forest v. State - marijuana, possession, constitutional amendment
Willis v. State - pro se sanctions
Cowart-Darling v. State - search and seizure

Second District Court of Appeal - Lakeland

Mercado v. State - sentencing
LaPace v. State - search and seizure
Thorlton v. Nationstar - foreclosure, paragraph 22
Lennon v. Lennon - parenting plan, child support, tax exemption
Sammons v. Greenfield - death, dismissal, extension, excusable neglect
Cowart v. State - defects in information

Third District Court of Appeal - Miami

Garcia v. Deutsche Bank - jurisdiction following removal
Antoniazzi v. Wardak - forum selection clause
Lee v. State - sentencing
RV v. DCF - summary affirmance
Lopez v. Junior - ineffective assistance, appellate counsel

Fourth District Court of Appeal - West Palm Beach

King v. State – ineffective assistance; Rule 3.850
Zelaya v. State – inconsistent verdict; aggravated battery
Himmel v. Avatar – insurance; proof of loss; summary judgment
Cadet v. DOH – nursing license; minimal standards; revocation

Fifth District Court of Appeal - Daytona Beach

Mobley v. State – mandatory minimum
TMF v. State – juvenile probation, written order
Roberts v. PNC Bank – 57.105 sanctions; order to show cause, appellate
Subic Bay v. JV China – personal jurisdiction, general jurisdiction
Foley v. Azam – statute of limitations, tolling
Rayess v. Bitar – dissolution; lack of transcript
Trujillo v. State – postconviction relief


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