Florida Appeals Court Decisions: Week of January 21 - 25, 2019

Appellate & Trial Support   |   January 25, 2019
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U.S. Eleventh Circuit Court of Appeals

Brewster v. Hetzel - habeas corpus
Flores-Panameno v. US - immigration
Perez-Zenteno v. US - immigration
Echols v. Lawton - § 1983, qualified immunity

Florida Supreme Court - Tallahassee

No decisions this week.

First District Court of Appeal - Tallahassee

Pierce v. Pierce - child support, findings
DOH v. TropiFlora - prohibition, exhausting admin remedies
McCray v. State - attempted felony murder, competency, costs
Gilliams v. State - cross-examination, murder, medical malpractice
Bussie v. State - probation revocation
Dailey v. Roth - repeat violence injunction
Joyner v. Worley - missing transcript, marital dissolution
AHCA v. Smathers - wholly favorable order, appellate jurisdiction
Johnson v. State - ineffective assistance, appellate counsel
Fales v. State - new trial standard, reconsideration
Northwood Assoc v. Ertel - contracts clause, single subject challenge

Second District Court of Appeal - Lakeland

King v. State - competency, jury instruction on insanity
Eastwood Shores v. DEO - MRTA, association, reviving covenants
Rector v. Rector - marital settlement agreement, enforcement
Harper v. GEICO - duplicate final judgment
Goudreau v. State - probation revocation
Sutton v. State - competency, relinquishment
Harris v. Gattie - certiorari, trial court pro se sanctions
State v. Lawrence - postconviction relief

Third District Court of Appeal - Miami

JA v. Housel - habeas corpus
WD 19790 v. Dan Trust - temporary injunction, trespass
Lee v. Lee - probate, order striking disclaimer
Musi v. Credo - unpled damages claims, real property, loss of use
People's Trust Ins v. Garcia - insurance appraisal
Smith v. State - reasonable doubt instruction
Charry v. Torres - intervention
Dalkeith v. State - trespass in conveyance, sentencing
CY v. State - assault, sentencing
Villella v. Ansin - certiorari, discovery temporary denial
Johnson v. State - pro se sanctions

Fourth District Court of Appeal - West Palm Beach

Cammalleri v. State - civil lien; rehearing
Ramos v. State - recanting witness
Henry v. State - grand theft; contact information
Arch Ins v. Kubicki Draper - standing, privity exceptions
Deutsche Bank v. Harris - standing; condition precedent
Nelms v. State - sentencing
State v. Fonseca - DUI, identification
Shade v. State - double jeopardy
Mercantil Bank v. Pazmino - foreclosure, money judgment

Fifth District Court of Appeal - Daytona Beach

Recco v. State - molestation; cross-examination of victim, prior inconsistent statements
Floyd v. Bank of America - foreclosure, attorney's fees, standing
Walker v. State - withdraw plea, good cause
Middleton v. Asher - summary judgment; trip and fall, open and obvious
Padilla v. State - probation revocation, written order
Davis v. Karr - med mal, presuit requirements
Mitchell v. State - corrected opinion; probation revocation, written order
Archie v. State - sex offender probation, violation
Byers v. Bank of NY - foreclosure, constructive service; appellate jurisdiction
Riggenbach v. Rhodes - certiorari; med mal, presuit requirements
Crum v. State - habeas corpus, Spencer warning

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