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Florida Appeals Court Decisions: Week of December 12 - 16, 2022
December 17, 2022

U.S. Eleventh Circuit Court of Appeals

Jennings v. DOC - habeas
N Am Co for Life & Health Ins v. Caldwell - life insurance, “suicide-by-cop” exclusion
Silas v. Broward Sheriff I - suggestion of death, concurrence
Silas v. Broward Sheriff II - supplemental jurisdiction
US v. Jackson - ACCA, concurrence

Florida Supreme Court - Tallahassee

Boan v. 5th DCA JNC - judicial appointments

First District Court of Appeal - Tallahassee

Lainhart v. State - capital sexual battery, 12-person jury
Merritt v. Bryner - appellate jurisdiction
Casen v. State - mandamus, mootness
Daily v. Hill - Applegate affirmance
Byram v. State - postconviction relief
Osorio v. State - belated appeal
Taylor v. State - mandamus, mootness
Jackson-Jamison v. State - mandamus, mootness
Hamilton v. State - jury instructions, closing
Feldman v. DBPR - architect, license
Combs v. Wal-Mart - premises liability
Snow v. State - prohibition, delay, Stand Your Ground
Smith v. Westdale Asset Mgmt - premises liability

Second District Court of Appeal - Lakeland

Henry v. AIM Indus - certiorari, lis pendens
Little v. Gualtieri - habeas corpus
Phillips v. State - sentencing
Bain Complete Wellness v. Garrison P & C - § 57.105

Third District Court of Appeal - Miami

Philip Morris v. Holliman - Engle progeny, evidence
Isaacs v. FNMA - real property, homestead
Raymond ERB v. Chubb - arbitration
Miami Med v. Allstate - PIP, fee schedule, summary judgment
Hochman Chiro v. Allstate - PIP, fee schedule, summary judgment
Personal Inj Clinic v. Allstate - PIP, fee schedule, summary judgment
Family Health Care v. Allstate - PIP, fee schedule, summary judgment
Fizik v. Allstate - PIP, fee schedule, summary judgment
Pascal v. Broward Water - summary judgment, rehearing
Saunders-Pinnock v. Colonial Freight - dangerous instrumentality, ownership
Aguilar v. State - double jeopardy
Metro Mortgage v. Rose - rule 1.540, dismissal, failure to prosecute
First Call v. Rios - bankruptcy, stay, lack of prosecution
Fuhrman v. Sara G 01 - Applegate affirmance
LG v. DCF - parent’s indigent status

Fourth District Court of Appeal - West Palm Beach

Jones v. Blue Ridge - pretrial stipulation, ambiguity
PSHS Alpha Partners v. State Farm - excusable neglect
State v. Anderson - sentencing, downward departure
Yacht Assist v. CRP LMP Prop Co - dismissal, new counsel
King v. Escobar - psychological evaluation, certiorari

Fifth District Court of Appeal - Daytona Beach

Easley v. State - Spencer bar, pro se
Adventist Health v. Machalek - certiorari; med mal, presuit requirements
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