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Florida Appeals Court Decisions: Week of August 31 - September 4, 2020

Appellate & Trial Support   |   September 4, 2020
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U.S. Eleventh Circuit Court of Appeals

Santiago v. Raytheon - PAA, FL limitations, CERCLA tolling
Hoffer v. Fl DOC - deliberate indifference, HCV treatment
McKenny v. USA - tax, settlement
Berisha v. Lawson - defamation, public figure, atty client priv
Jacobson v. Fl SOS - vacating this decision; election; standing; political question
Cantu v. Cty Dothan Ala - excessive force, qualified immunity, state agent
MSPA v. Liberty Mutual - Medicare Secondary Payer Act
MSP v. Travelers - Medicare Secondary Payer Act
MSP v. Auto-Owners - Medicare Secondary Payer Act

Florida Supreme Court - Tallahassee

In re R Reg Fla Bar - amended rules
In re Fla Prob R - amended rules
In re Bar Admissions - state bar exam, COVID-19
Dillbeck v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee

Varn v. State - certiorari, cellphone passcode; certified conflict, question
Daniels v. DOH - nursing home admin, license suspension
Cameron v. DOH - nursing home admin, license suspension
Harrison v. Walsh - habeas corpus
SC v. DCF - parental rights, termination
21st Mort v. TSE Plantation - foreclosure, bankruptcy, unclean hands
Causey v. State - driving, suspended license, knowledge
In re Esser - name change
Harden v. State - sentencing
Price v. State - sentencing
Watford v. State - sentencing

Second District Court of Appeal - Lakeland

Greene v. Twistee Treat - premises liability, obvious danger
ECT v. State - delinquency
Waters v. State - probation modification
Bracero v. State - community control revocation
White v. Ft Myers - contract breach, mistake, misrepresentation, proposed orders
Fortune v. First Protective - insurance, civil remedy notice, appraisal
Woodbury v. State - postconviction relief
Waters v. State - scrivener's error
Lamore v. State - postconviction relief

Third District Court of Appeal - Miami

Island Travel v. MYR Indep - § 772.11, civil theft, attorney's fees
Ives v. Gettinger - amendment, implied statutory claim
Lupetto v. South Bay Devel - specific performance; real estate sale
Harris v. Harris - attorney's fees, personal representative
Johnny's Pool v. Foreverpools - personal jurisdiction, minimum contacts
Nat Med Imaging v. Lyon Fin - stay, bankruptcy
Truist Bank v. De Posada - garnishment, face of order, appellate jurisdiction
Magarino v. Bank of NY Mellon - judicial disqualification

Fourth District Court of Appeal - West Palm Beach

Tumblin v. State - sequestration, victim of crime
Brinson v. State - sentencing, public defender's fee

Fifth District Court of Appeal - Daytona Beach

Ciotti v. Ciotti - rehearing en banc; unliquidated damages
Goins v. Praetorian Ins - insurance, third-party beneficiary
Tordini v. Tordini - dissolution, permanent alimony, fees
UCF v. Boston Culinary - administrative, substantial evidence, fees
DIK v. State - investigative costs
Landmark v. Anchor Ins - certified question; homestead, insurance benefits, assignment
Darby v. State - Spencer warning, pro se
Murphy v. Hutchens - paternity, magistrate report, exceptions
Chancey v. Young - foreclosure; trial setting, at issue
Dean v. State - prohibition, § 812.014
Webb v. State - sentence


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