Florida Appeals Court Decisions: Week of February 17 - 21, 2020

Appellate & Trial Support   |   February 21, 2020
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U.S. Eleventh Circuit Court of Appeals

Sow v. US – immigration
Royal Palm Props v. Pink Palm Props – trademark
Jones v. Fla Gov – equal protection, injunction
Democratic Exec Cmte v. Nat Repub Sen Cmte – mootness, vacatur
Kondrat'yev v. City of Pensacola – standing, establishment clause

Florida Supreme Court - Tallahassee

Adv Op re Voter Approval - proposed constitutional amendment

First District Court of Appeal - Tallahassee

Brinson v. State - probation revocation, sex offender status
Kyle v. Carter - timesharing; appellate jurisdiction, contempt
Flowers v. State - search and seizure
Starkes v. State - criminal defense, taxable costs
Patin v. Davis - stalking injunction
Nilio v. State - postconviction relief, trial court jurisdiction
Lindsay v. Edwards - mootness

Second District Court of Appeal - Lakeland

Gundel v. AV Homes - class action, homeowners association
Naples v. Ethics Naples - city charter, citizens’ initiative
Gage v. State - juvenile sentencing, certified conflict
VMOB v. DOR - sales tax assessments, penalty
DOR v. Bell - tax exemption, residency requirement, constitutionality
TRC v. State - burglary tools
Taylor v. State - postconviction relief

Third District Court of Appeal - Miami

Velazco v. State - testimony perpetuation; double jeopardy, certified conflict
Waves of Hialeah v. Machado - undertaker’s doctrine; drug use evidence
People’s Trust v. Bravo - insurance, property repair, injunction
Cordeiro v. Alves - rehearing, new affidavit
Shipman v. Wells Fargo - foreclosure sale, vacatur
NC v. State - resisting without violence, evidence
Guillen v. PNC Bank - rule 1.540
Spradley v. DOC - venue, agency home
Goldstein v. Ellman - lack of transcript
Brown v. Brown - preservation of error
Davide v. State - mandamus
Rodriguez v. Children’s Home - pleading, pro se plaintiff
Vaz v. State - ineffective assistance, deportation
Davis v. Junior - habeas corpus, rule 3.133, hearsay evidence
Diaz v. State - ineffective appellate assistance, timely petition

Fourth District Court of Appeal - West Palm Beach

Quarles v. StateMiranda, waiver
Household Fin Corp III v. Williamsforeclosure; attorney’s fees
Maclean v. State – lesser-included offense, instruction
State v. Sampaio – failure to return hired vehicle; statutory construction
Kostoglou v. Fortuna – charging order; LLC distributions
Oliver v. Winn-Dixie – slip and fall, constructive knowledge
Curtis v. Centauri Spec Ins – amount in controversy; circuit court jurisdiction
Kaiser v. Onlymoso – noncompete; temporary injunction bond

Fifth District Court of Appeal - Daytona Beach

State Farm v. Cadet - certiorari, appraiser, interest
Smith v. Cooper - error not argued
Carollo v. Henderson - certiorari, lis pendens, discharge
Rish v. State - postconviction relief

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