Florida Appeals Court Decisions: Week of August 10 - 14, 2020

Appellate & Trial Support   |   August 14, 2020

U.S. Eleventh Circuit Court of Appeals

USA v. Campbell – search and seizure, waiver, vacating this decision
Higgs v. Costa Crociere - maritime, notice, adverse inference sanction
Lingeswaran v. Att’y Gen - immigration, asylum
USA v. Estradal - Cuban Adjustment Act, evidence
McKathan v. US - postconviction relief
USA v. Carter - sentencing, Armed Career Criminal Act
Gonzalez v. Ga Gov - district att’y vacancies, certified question to Ga Sup Ct
Patel v. Smith - qualified immunity, excessive force
SMILEDIRECTCLUB v. Battle - antitrust, state action immunity
USA v. Green - RICO, search and seizure, sentencing, voir dire, evidence
USA v. Hatum - forfeiture, money laundering
Adams v. St Johns Sch Bd - transgender rights, Title IX, equal protection
USA v. Henry - sentencing

Florida Supreme Court - Tallahassee

In re Fla R Civ P - amended cover sheet
Freeman v. State - capital case, postconviction relief
Atwater v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee

Locklear v. State - sentencing
Fudge v. State - Stand Your Ground
Tarantola v. Henghold - appellate jurisdiction
Crespo v. Watts - child support, imputed income
JRB v. DCF - appellate jurisdiction
BT v. DCF - termination, parental rights; preservation of error
ES v. DCF - dependency, child placement

Second District Court of Appeal - Lakeland

Higdon v. DCF - Jimmy Ryce Act
US Bank v. Engle - foreclosure, standing, notice, reformation
Hurley v. Lifsey - legal malpractice, limitations
Farman v. Deutsche Bank - contract breach, damages
Jacobs v. Jacques - contempt; § 61.16 fees, findings
Bent v. State - search and seizure
Rubino v. State - postconviction relief

Third District Court of Appeal - Miami

State v. Aaron - search and seizure
Mamonov v. Marrero - sexual violence injunction
Lagrandeur v. State - sentencing
Diaz v. Kasinsky - fees for fees
Wong v. State - evidence, Punisher logo
State Farm v. Long - insurance, appraiser; certified conflict, question
Lightner v. State -  postconviction relief
Zur Inv v. Auslander - summary judgment
Ruiz v. State - probation revocation
Van Tran v. Deutsche Bank - rule 1.540, voidness, party substitution
Ortiz v. Ortiz - equitable distribution, alimony
Lloyd’s v. Prime Holdings - insurance, forum non conveniens
Sundwall v. State - plea withdrawal
Am Res v. St Catherine - foreclosure, lost note, pleading; money lent

Fourth District Court of Appeal - West Palm Beach

Krapacs v.  Bacchus - stalking injunction
KD v. State - retaining jurisdiction
Off The Wall & Gameroom v. Gabbi - arbitration, contract by minor
Deutsche Bank v. Harris - foreclosure, standing
Waldeck v. MacDougall - lack of prosecution
EJA v. State - restitution
Fettig’s Constr v. Paradise Props - claim of lien, service of process
TL v. DCF - termination of parental rights

Fifth District Court of Appeal - Daytona Beach

Brevard County v. Obloy - injunction, building and fire codes
Osman v. Silverthorn HOA - injunction, HOA covenants, summary judgment
Paul v. Paul - dissolution, alimony, distribution, child support
Arrieta v. State - sentencing
Rodriguez v. State - robbery, burglary, double jeopardy; suppression
Niederkohr v. Kuselias - dissolution, distribution, dissipated marital assets
McDonald v. State - jail credit
Akers v. State - Anders appeal, scrivener’s error

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