Florida Appeals Court Decisions: Week of December 28 - 31, 2020

Appellate & Trial Support   |   December 31, 2020
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U.S. Eleventh Circuit Court of Appeals

Bourdon v. US DHS - petition for rehearing en banc denied
Senter v. USA - postconviction relief
Garcia-Simisterra v. US Atty Gen - immigration, removal

Florida Supreme Court - Tallahassee

Ham v. Portfolio Recov - attorney's fees, reciprocity, credit card agreements
Page v. Deutsche Bank - foreclosure, attorney's fees without standing
Wilsonart v. Lopez - summary judgment standard
Jackson v. State - pro se sanctions
In re Fla R Civ P - adopting federal summary judgment standard
In re Fla Prob R - amended rules

First District Court of Appeal - Tallahassee

Richardson v. State - sentencing, fundamental error
Calhoun v. State - search and seizure
Signal Hill Golf v. Womack - rule 1.442, settlement proposal
Lincoln Mem Acad v. Manatee Sch Bd - charter school, status revocation
Valle v. Am Airlines - workers' compensation
Schmidt v. State - probation revocation
Smith v. State - prohibition, speedy trial, Covid-19
Statler v. State - sexual battery, constitutional challenge, consent, knowledge
Gallion v. State - grand theft, proof of value
Rushin v. State - sentencing
HMC Assets v. Graybill - default judgment, vacatur

Second District Court of Appeal - Lakeland

Kelley v. State - probation revocation
Henry v. State - community control revocation
Riverside Heights v. Tampa - rehearing, community redevelopment, notice
Riviera-Ft Myers v. Florentine Dev - condo declaration, amendment, enforceability, injunction
Haynes v. State - sentencing, certified conflict
Baker v. Westfield Ins - construction, prevailing party, fees
State v. Dixon - criminal restitution
State v. Michaud - certiorari, sentencing

Third District Court of Appeal - Miami

No decisions this week.

Fourth District Court of Appeal - West Palm Beach

No decisions this week.

Fifth District Court of Appeal - Daytona Beach

Principal Life Ins v. Halstead - life insurance, plain language
Smithey v. State - postconviction relief
Orange County v. Whitehead - negligence, jury instruction
Elias v. State - child pornography
Jones v. State - murder; improper opening, closing
Barron v. State - probation revocation, notice
Taylor v. State - postconviction relief
Phuong v. Sheriff Mina - appellate jurisdiction, statutory immunity, dismissal
Pantry v. Mijax Manager- restrictive covenant, competing retail business
Borders v. State - postconviction relief
Robinson v. State - criminal, costs
Williams v. State - Spencer warning, pro se

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