Florida Appeals Court Decisions: Week of January 4 - 8, 2021

Appellate & Trial Support   |   January 8, 2021
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U.S. Eleventh Circuit Court of Appeals

USA v. Kushmaul - sentencing
Garcia v. USA - postconviction relief

Florida Supreme Court - Tallahassee

Wright v. State - capital case, postconviction relief
In re Fla R Crim P - amended rule, contempt

First District Court of Appeal - Tallahassee

Maganua v. McNeil - habeas corpus
Cooper v. State - right to counsel, waiver
Maxwell v. State - competency for trial
Black Knight v. PennyMac - arbitration, waiver
Davis v. State - amending initial brief
Bonifay v. State - sentencing
Milne v. Inch - inmate claims, liens
Minton v. State - appellate jurisdiction
Hart v. State (12/31) - juvenile sentencing
AHF MCO v. AHCA (12/31) - bid protest, standing
Pearce v. State (12/31) - competency for sentencing
Cristin v. Everglades Corr Inst (12/ 31) - workers' compensation
Smith v. State (12/ 31) - probation revocation
Mills v. State (12/ 31) - second-tier certiorari, judicial disqualification
Mills v. State (12/ 31) - postconviction relief

Second District Court of Appeal - Lakeland

Tanner v. State - right to silence; evidence, cell phone password, hearsay
Schwoerer v. State - double jeopardy
Holder v. State - probation revocation
Abdo v. Abdo - prohibition, deviation from mandate
Tanner v. Hart - certiorari, discovery, medical records
Flint v. State - sentencing
State Farm v. Parrish - disinterested appraiser, final order; certified conflict
N Trust v. Est of Walker - probate, appellate jurisdiction
Williams v. State - postconviction relief
State v. Fernandez - search and seizure, standing
Money v. Home Perf Alliance - FDUTPA, attorney's fees, settlement
Algiere v. State - probation revocation
Pagan v. State - sentencing
Deaterly v. Jacobson - certiorari, punitive damages

Third District Court of Appeal - Miami

Glickman v. Kindred Hosp - security services, duty to others, summary judgment
Frank v. Frank - equitable distribution, alimony, findings
Sejas v. Paredes - appellate jurisdiction, fee award without amount
Garcia v. Espinosa-Garcia - alimony, child support, parenting plan
Buy & Sell Fitness v. Villalba - venue
Jackson Health v. Louis - prohibition, employment, failure to exhaust remedies

Fourth District Court of Appeal - West Palm Beach

Cuevas v. State - clergy communication privilege
Brown v. State - missing transcript, suppression hearing
Saffold v. State - sentencing
Vasata v. State - theft, intent
Petroleos Mexicanos v. Rodriguez - arbitration, parties bound, waiver
Jacocks v. Capital Commercial - arbitration, parties bound
Oakmont Custom Homes v. Billings - arbitration, parties bound
Harris v. State - sentencing
Gleman v. MWH Americas - fraud on the court, sham pleading
Campbell v. Riggs - civil theft, summary judgment
Hunter v. State - aggravated assault; civil mischief
State v. Huntley - child abuse, intent, stacking inferences
Elalouf v. School Board, Broward Cnty - preservation; release, ambiguity
Nunes v. Herschman - § 92.57, witness, "judicial proceeding"

Fifth District Court of Appeal - Daytona Beach

Calabrese v. State - sentencing
Est of Isenberg v. Smith Equities - rule 1.525, timeliness
Tolliver v. State - postconviction relief
Pace v. Pace - contempt
Jimenez v. Perez - parental relocation; lack of transcript

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