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Florida Appeals Court Decisions: Week of May 24 - 28, 2021

Appellate & Trial Support   |   May 28, 2021
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U.S. Eleventh Circuit Court of Appeals

US v. Estepa - wire fraud, intent
Todd v. Fayette Cty School Dist - ADA
Malkin v. Wells Fargo - certified question to Delaware Supreme Court, insurance policies
US v. Cook - compassionate release, judicial review
US v. Roberson - official acts, bribery
Kennedy v. Floridian Hotel - ADA
US v. Cody - certificate of appealability
Absolute Activists Fund v. Devine - collateral, continuing jurisdiction, dissent

Florida Supreme Court - Tallahassee

DOH v. Florigrown - medical marijuana, licenses, injunction
Fla Bar v. Aven - attorney discipline
Bogle v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee

Synot Constr v. Page - prohibition
Simpkins v. State - habeas corpus
Lombardi v. State - habeas corpus, pro se sanctions
Thurman v. Davis - lack of transcript; fees, § 66.021
Premier Behavioral v. Magellan - health care payment dispute resolution, § 408.7057
Holton v. State - sentencing, probation revocation
Rhodes v. 2140 Commonwealth - mandamus, mootness
Williams v. Inch - pro se sanctions

Second District Court of Appeal - Lakeland

Zurich v. Samson - workers' compensation
Brody Trust v. Brody - accord and satisfaction
Ouimette v. Ouimette - equitable distribution
Peterson v. Ibrahim - employment, course and scope
Decker v. Munson - stalking injunction
Howard v. State - postconviction relief
Jackman v. Cebrink-Swartz - intrusion upon seclusion, camera, certified question
DCF v. Musa - certiorari, involuntary commitment
Wilmington Sav v. Morroni - foreclosure, original documents, return
USF v. Rowsey - settlement agreement, interpretation
Howard v. State - sentencing, deviation from mandate, finality
Mack v. Univ P&C - Condominium Act, attorney's fees
Mortellaro v. Caribe Health - settlement agreement, interpretation

Third District Court of Appeal - Miami

Drexel Avenue v. Dalton - eviction

Fourth District Court of Appeal - West Palm Beach

Sanders v. Sanders - marital dissolution
State v. Tavenese - investigative subpoena, DUI
Empire Pro Resto v. Citizens - insurance, "all-risk" policy
Waters v. Wilmington Trust - foreclosure, attorney's fees
Jones v. State - hearsay, excited utterance; other crimes, murder
Baptiste v. Bank of Am - ecclesiastical abstention
Land & Sea Petroleum v. Leavitt - nominal damages, waiver
Five Solas v. Ram Realty - insurance, replacement cost, lost rent
Bartolone v. State - narcotics, joint constructive possession
Raines v. State - sentencing
State Farm v. Stand up MRI - PIP, reimbursement calculation
Brown v. Omega - insurance, assignment of benefits, standing
State Farm v. Pan Am Diag - PIP, reimbursement limitation
Progressive v. Broward Ins - insurance, appraisal, prohibitive cost
Colebrook v. State - battery, closing argument, costs

Fifth District Court of Appeal - Daytona Beach

Gonzalez v. State - sentence
Smith v. Smith - dissolution, alimony


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