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Florida Appeals Court Decisions: Week of March 22 - 26, 2021

Appellate & Trial Support   |   March 26, 2021
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U.S. Eleventh Circuit Court of Appeals

Deal v. Tugalo Gas Co - abstention, corporate law
Tonkyro v. Sec'y Dept of Veterans Affairs - hostile work environment
USA v. Pendergrass - jury selection, harmless error, sufficiency of evidence
Turner v. Sec'y Dept of Corr - 2254, timeliness
SuVicMon Dev v. Morrison - bankruptcy, fraudulent transfer
Morris v. Sec'y Fla Dept of Corr - AEDPA, timeliness
McKiver v. Sec'y Fla Dept of Corr - habeas, ineffective counsel

Florida Supreme Court - Tallahassee

No decisions this week.

First District Court of Appeal - Tallahassee

Cabrera v. AHCA - Medicaid, reimbursement, third-party benefits
AM v. DS - parental rights, termination, guardianship
Perry v. State - aggravated battery, sentencing
Spivey v. State - belated appeal
Pierce v. State - vehicular homicide, sentencing, certified conflict & question
Carter v. State - search and seizure
Garbark v. Gayle - defamation, summary judgment, unauthenticated document
Speigner v. Speigner - alimony

Second District Court of Appeal - Lakeland

Marron v. State - sentencing
Sec Nat'l Ins v. Gonzalez - insurer nonjoinder, coverage rejection
Savannah Cap v. Pitisci Dowell - deposition protective order, derivative action, malpractice
SHY v. PG - psychotherapist privilege, waiver
Natali v. Natali - timesharing plan
Heritage P&C Ins v. Superior Ins - appraisal, waiver
Pezeshkan v. Manhattan Constr - arbitration
Jackman v. Cebrink - privacy invasion, seclusion, neighbors, certified question
Gordon v. State - involuntary confinement, limited hearing
Marshall v. State - sentencing
Queen v. State - hearsay, photographs, hash values
In re Doe - abortion, judicial waiver

Third District Court of Appeal - Miami

State v. Hester - ineffective assistance
State v. Lowery - speedy trial, hurricane
Hialeah Hosp v. Hayes-Boursiquot - jury selection, improper expert testimony
Alvarez-Hernandez - v. State - sentencing
Univ P&C v. Celestrin - attorney's fees, lodestar, reduction
Carollo v. Platinum Adv - legislative immunity, rule 9.130(a)(3)(F)(iii)
Grape Leaf v. Lafontant - fiduciary breach, personal representative, litigation financing
Fam Heritage v. Combined Ins - employment, restrictive covenant, injunction
Anchor P&C v. Tesini - certiorari, discovery
Onward Living v. Mormeneo - certiorari, discovery, incident reports

Fourth District Court of Appeal - West Palm Beach

Mezadieu v. Safepoint Ins - insurance, reliance
Zelaya v. State - ineffective assistance
Roberts v. State - Richardson hearing
Endurance Assur v. Hodges - insurance, coverage amount
Jones v. Sayer - venue
Ern v. Springer - certiorari, mental health records
Zelaya v. State - ineffective assistance
Thomas v. State - sentencing
Reynolds v. State - sentencing, involuntary absence
Dorsey v. State - mandatory life sentence
Archer v. Tower Hill - insurance, issue of fact
Broward v. Fla Carry - preemption, Uniform Firearm Act
Johnson v. Johnson - dissolution, child support
Fallang v Privcap - arbitrability, conflict

Fifth District Court of Appeal - Daytona Beach

Cook v. Bank of America - foreclosure, notice of default
US Bank v. Devoe - foreclosure, standing
Washington v. State - postconviction relief, evidentiary hearing
Broy v. State - burglary, sentence
Kemp Invstmts v. Englert - disqualification of counsel
Hunter v. State - postconviction relief
Jackson v. State - Spencer bar, pro se
Howard v. State - Spencer bar, pro se


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