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Florida Appeals Court Decisions: Week of April 19 - 23, 2021

Appellate & Trial Support   |   April 23, 2021
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U.S. Eleventh Circuit Court of Appeals

Crocker v. Beatty - qualified immunity, excessive force, First Amendment
Hunstein v. Preferred Collection - standing, FDCPA
Mack v. USAA - standing, class actions, declaratory judgment
Moore v. Intuitive Surgical - Daubert, expert witness, reassignment of district judge
Nance v. GA DOC - denial of en banc rehearing, method of execution, capital punishment
Tonkyro v. VA - retaliation, vacating prior opinion
US v. Osorto - re-entry, sentencing
US v. Pendergrass - jury selection, harmless error, evidence sufficiency, vacating prior opinion
US v. Rum - tax reporting, willfulness

Florida Supreme Court - Tallahassee

Smith v. State - capital case, direct appeal
In re Marijuana Amend - proposed constitutional amendment, judicial review

First District Court of Appeal - Tallahassee

Love v. Young - FCRA, gender identity, public accommodation
Walton Plantation v. OPO - attorney's fees, intertwined claims
Thomas Home v. Em Coast Util - writ jurisdiction, oral order
Thomas Home v. Em Coast Util - appellate jurisdiction, oral order
Taylor v. State - murder, evidence, heat of passion instruction, Miranda
Maestas v. State - sentencing
McCray v. State - pro se with counsel
Arrington v. Arrington - child support
Brooks v. Brooks - limited purpose evidence, proposed order adopted verbatim
Jackson v. State - appellate jurisdiction, rule 3.800(c)
Banks v. Anderson - summary reversal
Brown v. State - juvenile sentencing
Phillips v. State - child hearsay, six-person juries
Escambia Cnty v. Plymouth Park - Applegate affirmance
Henry v. State - pro se sanctions
Orlando Fire Fighters v. Orlando - PERC, collective bargaining
Miller v. State - probation revocation
Hines v. State - mandamus, duty to rule, mootness

Second District Court of Appeal - Lakeland

Duryea v. Bono - parental relocation
Wright v. Norris - stalking injunction
Charlotte 650 v. Phillip Rucks - breach of contract, rejected delivery
Mercado v. Mercado - marital dissolution, child support
Carrollwood Cove CA v. Carrollwood Cove - condo declaration, attorney's fees

Third District Court of Appeal - Miami

Continental Motors v. Johnson - fine, failure to comply with order
Pucci v. Chou - proceedings supplementary
Meraki v. 1805 - motion to dismiss, personal jurisdiction
Hanson v. The Lofts Town Villas - untimely notice of appeal
Duquesne v. State - postconviction relief
Sosa v. State - postconviction relief, gain time
Morburger v. J. Reporting - small claims
National Fire v. Infinity - certiorari, insurance, motion to dismiss
Penoyer v. State - postconviction relief
Sweetwater v. Mejia - certiorari, discovery extension
Roberts v. Inch - postconviction relief

Fourth District Court of Appeal - West Palm Beach

Font & Nelson v. Path Med - contingent fee contract
Perry v. State - sentencing
Mavon v. Ft Lauderdale - temporary injunction
Allen v. State - relevant evidence, motive
Scofield v. State - duplicative judgment, fee
Arriechi v. Bianchi - relief from judgment, evidence
Locke v. Whitehead - excusable neglect
Shake v. Yes We Are Mad - temporary injunction
Kusayev v. Kusayev - forum non conveniens
S Fla Pain & Rehab v. Infinity Auto - PIP, attorney's fees

Fifth District Court of Appeal - Daytona Beach

Forrester v. School Bd of Sumter Cty - firearm preemption, § 790.33
Richeson v. South's Custom Constr - satisfaction of mortgage, summary judgment
Robinson v. State - sentence
Thrasher v. State - sentence


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