Florida Appeals Court Decisions: Week of June 29 - July 3, 2020

Appellate & Trial Support   |   July 2, 2020
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U.S. Eleventh Circuit Court of Appeals

Candies v. Citigroup - forum non conveniens
Taylor v. Polhill - Medical Device Amendments, preemption, due process
US v. Cuya - postconviction relief, preliminary discovery
US v. Harris - sentencing
Deroy v. Carnival - forum selection clause
Noble v. Soc Sec - disability benefits
US v. Clotaire - evidence, video images, cross-exam, emails
Jenkins v. Ala DOC - postconviction relief
US v. Pon - Daubert; rebuttal evidence

Florida Supreme Court - Tallahassee

Pooler v. State - capital case, postconviction relief
Jackson v. Household Fin - hearsay, business records
In re Fla R Jud Admin - amended rules, juvenile rules

First District Court of Appeal - Tallahassee

Douglas v. Jones - false filings, fee award
MB Doral v. DBPR - alcohol, quota license
Porter v. State - search and seizure
Davis v. State - sentencing
Dyett v. State - reclassification, aggravated battery
Blanding v. State - Allen charge
Goodman Dist v. Williams - costs, evidentiary hearing
Allen v. State - sexual battery, lesser included
Pickford v. Taylor Sch Dist - whistle-blower, employment discrimination

Second District Court of Appeal - Lakeland

Brown v. State - LEO battery
Boyle v. Samotin - medical malpractice, notice of intent, certified conflict

Third District Court of Appeal - Miami

Morales v. Ross Dress for Less - slip and fall, constructive notice
Palos v. State - re-cross, preservation of error
Echevarria v. Echevarria - premises liability, obvious danger
Waterproofing & Roofing v. Ashworth - civil theft, quasi-contract
Capital Dev v. Buena Vista Term - supersedeas bond
Jordan v. State - sentencing
Fair Havens v. Estate of Nicula - certiorari, financial documents
Shir Law v. Carnevale - appellate jurisdiction; judicial disqualification
Gerome v. State - ineffective assistance, appellate counsel
Monteagudo v. Cimbler - prohibition, appraisal, voluntary dismissal
Johnson v. State - prohibition

Fourth District Court of Appeal - West Palm Beach

Cosme-Sella v. State - burden of proof, sentencing
Medina v. Pollack - sovereign immunity
State Farm v. Medina - misconduct, new trial
Cruz v. State - strike jury panel
Langel v. State - right to counsel
Sierra v. US Bank - service of process
Woodson v. State Miranda, sentencing
TB v. DCF - parental rights
Performance Air Mech v. Miller Constr - compel arbitration
Neon Inv v. Afina Pallada - post-judgment intervention
Torres v. State - post conviction relief
Mimedx Group v. Perring - privilege, production

Fifth District Court of Appeal - Daytona Beach

Humphreys v. State - aggravated battery, jury instruction
Burdenski v. BB&T - foreclosure, condition precedent
Walker v. State - vehicular homicide, missing transcripts
Burnette v. State - criminal, severance, double jeopardy
Jorgensen v. Tagarelli - dissolution, imputed income, child support, attorney's fees
State v. Midkiff - postconviction relief
Espino v. State - postconviction relief
JGG v. MS - domestic violence injunction, due process
Foley v. State - postconviction relief
Davis v. State - postconviction relief
Jacques v. Walker - certiorari, attorney's fees
Concannon v. Schnotala - certiorari, discovery

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