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Florida Appeals Court Decisions: Week of April 8 - 12, 2019
April 13, 2019

U.S. Eleventh Circuit Court of Appeals

US v. Vereen - firearm possession, sentencing
Burban v. City of Neptune Beach - § 1983, LEOSA
Price v. Ala DOC - stay of execution
Oak Grove Resources v. US DOL - BLBA, agency

Florida Supreme Court - Tallahassee

In re R Reg Fla Bar - corrected opinion, bar rules
In re Fla Std Jury Instr (Crim) - amended instructions
In re Judge Bailey - judicial discipline

First District Court of Appeal - Tallahassee

State v. Smith - postconviction relief
Gaymon v. State - sentencing
Bowen v. Volz - equitable distribution, closely held business
McFadden v. State - postconviction relief
Falk v. Harris - workers' compensation
JB v. DCF - certiorari, dependency, due process
De La Rosa v. Cheney Bros - workers' compensation
Powell v. State - fundamental error, hearsay
Young v. State - Miranda
Weddington v. State - judicial comments, fundamental error
Nazzal v. DOC - employment, whistle-blower
Morris v. Winbar - easements, types; law of the case

Second District Court of Appeal - Lakeland

Sams v. State - jury instructions, fundamental error, exceptions
Rivera v. State - Stand Your Ground, certified conflict
Livingstone v. State - probation revocation
Dood v. Dood - missing transcript; attorney's fees, findings
Moore v. Holton - income deduction order
Diamond v. Elvis Towing - certiorari, venue transfer, class certification
State v. Bethley - certiorari, DNA statistical evidence
Tate v. McNeil - rule 1.420, lack of prosecution
Austin Comm'l v. MCC - arbitration
Wright v. State - double jeopardy
Byra v. State - probation revocation

Third District Court of Appeal - Miami

Baker v. State - double jeopardy
RJ Reynolds v. Ledo - Engle progeny, closing argument, punitive damages
Mitchell v. State - right to cross-examine
Hussey v. Lara - sexual violence injunction, need for counsel
Broz v. Reece - negligence, limitations statute
Winn-Dixie v. Winters - new trial motion, successor judge
Benitez v. Leal - charging lien
State v. Socarras - Miranda
Keys Country v. 1733 Overseas Hwy - mortgage, reformation
Carrillo v. IndyMac - summary affirmance
Bank of Am v. Atkin - bar referral, improper arguments
Jimenez v. Granada Ins - certiorari, third-party subpoena for claim file
Olin v. Wilmington Sav - untimely appeal
YV v. DCF - certiorari, child custody

Fourth District Court of Appeal - West Palm Beach

AVP Destiny v. FD Destiny - prejudgment interest; civil theft
Machin v. State - en banc; competency hearing
Florida Peninsula Ins v. Deporter - proposal for settlement; interlocutory appeal
Gallo v. State - sentencing; deterrence
Scire v. Hochman - paternity; attorney's fees; calculation
Boggess v. State - prior consistent statements; closing argument, burden-shifting
Weiner v. Maulden - proposal for settlement; consolidation
Platt v. State - sentencing
Lilly v. Bank of Am - service of process
Whitley v. State - pre-trial house arrest; costs
Cohen v. Scarnato - venue, transfer; trust dispute

Fifth District Court of Appeal - Daytona Beach

Berben v. State - sentencing
State v. Grammig - statute of limitations
Redmond v. First Guaranty Mort Corp - relief from judgment
Vitelli v. Hagger - statutory way of necessity
Royal Palms Senior Apts v. Constr Entrs - arbitration
State v. Schuler - downward departure
Smith v. State - jail credit
Rish v. State - sentencing
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