Florida Appeals Court Decisions: Week of April 29 - May 3, 2019

Appellate & Trial Support   |   May 3, 2019
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U.S. Eleventh Circuit Court of Appeals

US v. Delva – search and seizure, experts, sentencing
Lester v. US – en banc
Jenkins v. Anton Legal Group – FLSA
Showan v. Pressdee – trial evidence, attorney’s fees
US v. Hano – limitations, 5th Amendment, 6th Amendment
SEC v. Torchia – Ponzi scheme, due process
Nance v. Ga Diagnostic Prison – habeas corpus, ineffective assistance
Palencia v. Perez – ICARA
US v. Spence – sentencing
City of Miami v. Wells Fargo – FHA

Florida Supreme Court - Tallahassee

In re Fla Evid Code - evidence code

First District Court of Appeal - Tallahassee

Pasicolan v. State - double jeopardy
Coffey v. State - double jeopardy
Brunson v. Ashley - proposal for settlement
Crapo v. Gainesville Chamber - ad valorem taxation
Padgett v. Padgett - alimony, lack of transcript
McIntosh v. Myers - real property, restrictive covenants, tree removal
Drakus v. State - postconviction relief
Dowell v. State Farm - vehicle lien, timely notice, § 713.78
Stone v. McMillian - stalking injunction
Wright v. State - jail credit
Jackson v. State - rereading jury instructions, sentencing
Carr v. State - theft, instructions, good faith, willful blindness
Israel v. State - ineffective assistance
Prada USA v. Young - workers’ compensation
Thomason v. State - Miranda, custody
Dawson v. State - special instruction, video record
Varricchio v. St Lucie Clerk - workers’ compensation
Alsubaie v. State - ineffective assistance
Farmer v. State - sentencing, juveniles
Ellison v. State - habeas corpus, ineffective assistance
State Farm v. Sheppard - appraisal
Casey v. Inch - appellate jurisdiction
FAMU v. Kimbrough - certiorari, time limit

Second District Court of Appeal - Lakeland

Mesen v. State - lewd conduct, evidence
Sanchez v. State - two-way communications device, mischief, evidence
Joiner v. Pinellas - ad valorem taxation, sovereign immunity
HSBC v. Leone - foreclosure, paragraph 22
Monroe v. State - postconviction relief
State v. Jean - certiorari, confidential informant
Laura’s Secret v. Grier - appellate jurisdiction, contempt motion
Dowell v. Knoras - contempt, evidence
Manley v. State - Stand Your Ground, certified conflict
Kieffer v. Atheists of Fla - defamation, summary judgment
Hernandez v. State - appellate attorney sanctions

Third District Court of Appeal - Miami

Garcia v. State - theft; circumstantial evidence, murder
Byron v. State - competency
State v. Harris - search and seizure
Cornfeld v. Plaza of Americas - shareholder derivative action
Porto v. Walker - injunction, specifying grounds
D’Agostino v. CCP Ponce - deficiency action, bankruptcy effect, interest
Comvest v. IMC - arbitration
State v. Rincon - probation violation
Lincoln Mews CA v. Harris - void judgment, dropped party
Rodriguez v. ALS - summary affirmance
Gyden v. State - postconviction relief
Machinery v. Ainsworth - certiorari
Pounds v. State - postconviction relief
Lee v. State - pro se sanctions

Fourth District Court of Appeal - West Palm Beach

Radice v. State - downward departure
Long v. State - competency hearing
Thomas v. State - competency
Soltis v. State - Nelson inquiry, preservation
Alessio v. Ocwen - foreclosure, proof of mailing
Perault v. Perault - dissolution, attorney’s fees, future enforcement
Petri Positive Pest Control v. CCM Condo Assn - offer of judgment, prejudgment interest
Johansson v. Johansson - child support
Stout v. Stout - child support arrearages
Hatfield v. N Broward Hosp - whistle-blower, temporary reinstatement
Johnson v. State - pretrial detention, jurisdiction

Fifth District Court of Appeal - Daytona Beach

Malave v. State - evidence, victim’s statement
Wilcox v. State - right to private counsel
Lathan v. State - ineffective assistance, certified questions
Orange Springs v. Delk - corrected verdict, discretion
Teague v. Pepsi - summary judgment, additional discovery
Potchen v. State - pro se sanctions
Vogds v. State - postconviction relief
JG v. DCF - parental rights, termination
Osborne v. State - certiorari, probation modification
Bent v. State - habeas corpus
Gold Crown v. Phillpotts - venue, forum selection clause

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