Florida Appeals Court Decisions: Week of August 3 - 7, 2020

Appellate & Trial Support   |   August 7, 2020
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U.S. Eleventh Circuit Court of Appeals

Osbourne v. Fl DOC - postconviction relief
In re Wild - en banc, vacating this CVRA, Epstein decision
Sellers v. Nationwide - issue preclusion, federal, Alabama law
Barritt v. Fl DOC - postconviction relief
Bryant v. Ford - postconviction relief, judicial notice
Mamani v. Bustamante - TVPA, evidence, hearsay, wrongful death instructions
Indep Party v. Fl Sec of State - election, ballot access law
USA v. Knights - search and seizure
USA v. Cometa - competency

Florida Supreme Court - Tallahassee

No decisions this week.

First District Court of Appeal - Tallahassee

Whitfield v. State - law enforcement interview, evidence
Samiian v. Johnson - insurance, bad faith, evidence; settlement proposal
Wilson v. State - postconviction relief
Ferguson v. Inch - habeas corpus
Boone v. State - postconviction relief
Reed v. DOR - child support
Roeder v. DEP - employment discrimination, complaint, time stamp
Neptune Bch Rlty v. Neptune Bch - second-tier certiorari, local zoning

Second District Court of Appeal - Lakeland

Constantino v. Genung - rule 1.540, newly discovered evidence
Turner v. State - continuance
AV v. TLL - parental responsibility, child attendance at oral argument
Barrett v. Busser - stalking injunction
Deer Brooke HA v. Battles - summary judgment, waived affirmative defense
USAA v. Rey - insurance, UM, causation, directed verdict

Third District Court of Appeal - Miami

Hardin v. RJ Reynolds - Engle progeny, punitive damages, causation
Waldera v. Waldera - marital dissolution, income calculations
UBS Fin Servs v. Efron - accounting, bill of discovery, foreign affiliate
Pestano v. State - sexual battery, instances, charge, sentence
EJD Constr v. Preston - evidence, summary
SGIC v. Burger King - forum non conveniens
Gutierrez v. Royal Caribbean - § 57.105(4), premature filing
Matheson v. Miami - elections, ballot summary
Silver Law v. Bates - attorney's fees
Bank of Am v. Arevalo - foreclosure, default, evidence
Bulter v. State - hearsay, impeachment
Espaillat v. Security First - appellate jurisdiction
World O World v. Patino - interest, usury
Fernandez v. Fernandez - dependent adult, § 57.105, subject matter jurisdiction
Lightner v. State - habeas corpus

Fourth District Court of Appeal - West Palm Beach

CVP Comm Ctr v. Mccormick 105 - attorney's fees; reciprocal
Pridemore v. State - Williams rule, child victim hearsay
Schlossberg v. Kaporovsky - condo deed, trust, bona fide purchaser
Tavares v. Enoch - parenting plan, factual error
Azure-Moore Invest v. Hoyen - pre-default answer, default judgment
Market Traders v. Kent - transfer venue, discovery
AT&T Serv v. S&S Util - arbitration, mandatory provision, Texas law
Leibner v. Seider - circuit court, concurrent jurisdiction, equity

Fifth District Court of Appeal - Daytona Beach

Singh v. Walt Disney - property appraisal, tax, intangible assets
Dungarani v. Benoit - non-binding arbitration, trial de novo
Allen v. State - mandate enforcement
Baruchel v. State - pro se sanctions
Quest Diag v. Hall - certiorari, discovery
In re GJ - adoption
Dorsey v. State - pro se sanctions

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