Florida Appeals Court Decisions: Week of January 25 - 29, 2021

Appellate & Trial Support   |   January 29, 2021
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U.S. Eleventh Circuit Court of Appeals

NMA v. US DOL - MSHA rule
Emory University v. Neurocare - indemnity
Garcia v. USA - vacating this and holding in abeyance
AC-USA v. Silikal - personal jurisdiction, trade secret, misappropriation

Florida Supreme Court - Tallahassee

Fla Bar v. Phoenix - attorney discipline
Casiano v. State - mootness, sentencing
In re Fla R Jud Admin - rules committees, procedures
In re Fla R Jud Admin - standard jury instructions, procedures

First District Court of Appeal - Tallahassee

Hunt v. State - bump-fire stock ban, constitutional challenges
Hathaway v. State - evidence, murder, burglary, kidnapping, robbery
Schmidt v. State - statutory interpretation, probation
Rodarte v. State - prohibition, Stand Your Ground
Powell v. State - evidence, intent
MTGLQ Inv v. Merrill - foreclosure, return of original note, mortgage
Moultrie v. State - sentencing
Himes v. State - postconviction relief
Gilligan Gooding v. Condor Aerial - § 57.105
Wilson v. Jacks - vicarious liability, pleading
Grantham v. State - postconviction relief
Rice v. State - pro se while represented

Second District Court of Appeal - Lakeland

Everett v. Avatar P&C - coverage, summary judgment, deficient affidavit
Kerkhoff v. Estate of Brown - probate, fees, rules 1.420 & 5.080
Peters v. State - sentencing
Brown v. State - search and seizure
Country Walk HA v. Rader - appellate jurisdiction
Taneja v. Downtown St Pete - unpled relief

Third District Court of Appeal - Miami

Dayes v. Werner Ent - expert testimony, conduit for hearsay
Dixon v. DACS - licensing, informal hearing request
Santos v. Miami - confession of error
Mantilla v. DOR - confession of error, imputed income
Ace Funding v. A1 Transp - default judgment, vacatur
EH v. DCF - dependency

Fourth District Court of Appeal - West Palm Beach

Ritacco v. Ritacco - dissolution, alimony
Tindall v. State - mental state, expert evidence
Pash v. Mahogany Way HOA - lien, unpaid assessments
Aquaruis Condo Assn v. Goldberg - arbitration, injunction, jurisdiction
Bailey v. Bailey - intervention, dissolution
Reconco v. Integon Natl Ins Co - standing, third-party beneficiary
BA v. DCF - termination parental rights
Machovec v. Palm Beach - mask mandate, injunction

Fifth District Court of Appeal - Daytona Beach

Maisonet v. State - remand, postconviction relief
Boswell v. State- probation, abbreviated hearing, conceded error
Allen v. State - Spencer bar, pro se
Buechel v. Shim - proceedings supplementary, foreign property; certified conflict
State v. Decker- postconviction relief
McKiver v. State - postconviction relief
Wiker v. State - sentence

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