Florida Appeals Court Decisions: Week of January 27 - 31, 2020

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

US v. Bane – procedural default
White v. Lemma – three-strikes provision, frivolous claims
Glasser v. Hilton Grand – TCPA
US v. Cabezas-Montano – MDLEA, Miranda, Brady, sentencing
In re Dailey – AEDPA, habeas corpus
Johnson v. Miami-Dade Cnty -  § 1983, Title VII, FCRA

Florida Supreme Court - Tallahassee

In re Fla R App P - amended rules

First District Court of Appeal - Tallahassee

Knighton v. State - new trial standard
La Galere Markets v. DBPR - alcohol, automated beverage machines
Martin-Godinez v. State - postconviction relief
Pickle v. Hale - contingency fees
King v. State - postconviction relief
Mobley v. Taylor - appellate jurisdiction
Stevens v. State - sentencing
Jackson v. State - evidence
State v. Fla Snr Liv Ass’n - rule challenge, ALFs, fees
Haupt v. Haupt - child support, income
Cook v. Cook Bros - judicial disqualification
Rogers v. State - certiorari, Stand Your Ground
Cave v. State - postconviction relief

Second District Court of Appeal - Lakeland

Riley v. State - direct criminal contempt
Jones v. US Bank - foreclosure, standing, mortgage, fees
Taneja v. Saraiya - derivative action, SLC, discovery
HSBC v. Sherman - foreclosure, paragraph 22
Bayfront v. DOH - trauma center application
Lobb v. State - resisting arrest, Marchman Act
Lane-Hepburn v. Hepburn - marital dissolution, default
Routenberg v. State - ineffective appellate counsel
NC v. DCF - certiorari, forced immunizations

Third District Court of Appeal - Miami

Four Ambassadors v. Vice City - contract claims
CS v. State - grand theft, value
Rawls v. State - postconviction relief
Yam Export v. Nicaragua Tobacco - arbitration
Aguilo v. Am Sales - rule 1.420, costs
Bahad v. Christiana Trust - foreclosure, sale, mootness
Citizens v. Schwiep - county ordinance, board membership
Berki v. State - appellate jurisdiction
Alvarez-Mejia v. Bellissimo Props - appellate jurisdiction
Esslinger-Wooten Maxwell v. Lones Fam - broker, procuring cause
Cellfus Ent v. Perez - service of process

Fourth District Court of Appeal - West Palm Beach

Fla Ins Guaranty Assoc v. Rubin—attorney’s fees, insurance
Alexander v. State—jury instruction, obscenity
Nelson v. State—competency hearing
Bynes v. State—pro se sanction
Clark v. Meizlik—parenting plan

Fifth District Court of Appeal - Daytona Beach

Orange Cty v. Ferguson – negligence, directed verdict, new trial
Willis v. State – postconviction relief, special concurrence
Frantz v. EM Paving – garnishment, deficiency judgment  
State v. Miller – postconviction relief
Downs v. State – postconviction relief
Velez v. StateSpencer bar, pro se
Gore v. State Spencer warning, pro se
Fox v. Hamptons Condo Assn Spencer warning, pro se
Chester v. State Anders appeal, investigative costs
Rittirucksa v. Rogers – summary judgment, confession of error

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