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Florida Appeals Court Decisions: Week of September 24 - 28, 2018
September 29, 2018

U.S. Eleventh Circuit Court of Appeals

Patel v. Spec Loan Servicing - filed-rate doctrine
Pictet Overseas v. Helvetia Trust - arbitrability, FINRA
JW v. Birmingham Bd of Ed - § 1983, qualified immunity, standing
Smelter v. S Home Care Servs - Title VII
Gogel v. Kia Motors Mfg - Title VII
Randolph v. US - ACCA, habeas corpus
Barton v. US - immigration
Sierra v. City of Hallandale Beach - ADA, exhaustion
Chamblee v. Florida - habeas corpus, AEDPA

Florida Supreme Court - Tallahassee

Wright v. State - USSC remand, capital sentence, intellectual disability
Fla Bar v. Bosecker - attorney discipline
Newton v. Caterpillar Fin Servs - dangerous instrumentalities, loaders
In re Fla Std Jury Instr (Crim) - amended instructions
In re Fla Std Jury Instr (Crim) - more amended instructions
In re Fla Std Jury Instr (Crim) - still more amended instructions
In re Fam L Forms - amended form
In re Fam L Forms - deleted forms
In re Fla Prob R - rules amendments

First District Court of Appeal - Tallahassee

Cherry v. Viker - appellate attorney’s fees, § 61.16
Okposio v. Barry Univ - Fla Civil Rights Act, public accommodation
BE v. State - delinquency, competency
JSC v. TIR - premature appeal
CC v. DCF - mandamus, requirements
TW v. DCF - appellate jurisdiction, parental rights termination

Second District Court of Appeal - Lakeland

Washington v. State - juvenile sentencing
Waterman v. State - Miranda, competence

Third District Court of Appeal - Miami

Aquasol CA v. HSBC - appellate counsel sanctions
Ocean Harbor Ins v. MSPA - class certification, Medicare Secondary Payer Act
SB v. State - burden-shifting examination
Ruiz v. Policlinica Metro - rule 1.442, proposal for settlement
Levy v. Ben-Shmuel - damages, failure to prove; en banc
Lindor v. Fla E Coast Ry - personal representative, substitution
Toiran v. State - prohibition, Stand Your Ground
Driessen v. Univ of Miami Law - legal malpractice, standing
Amerisure v. Rodriguez - certiorari, third-party spoliation action, accrual
Haas v. Yousef - prohibition, judicial disqualification

Fourth District Court of Appeal - West Palm Beach

Dinnerstein v. DOH - sovereign immunity, med mal
Perry v. State - instruction, abnormal mental conditions
Rodgers v. Deutsche Bank - foreclosure, legal description
Rodriguez v. State - prohibition, speedy trial
Natl Millwork v. ANF Group - arbitration, public policy

Fifth District Court of Appeal - Daytona Beach

State Farm v. Ferranti - car accident, causation, prior condition
Vitaliy v. Wells Fargo Bank - foreclosure, default letter
Taylor v. State - molestation, collateral crime
Pirie v. State - postconviction relief
Barros v. State - postconviction relief
De La Cruz v. State - jail credit
EL v. DCF - concurrence, parental rights, termination
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