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Florida Appeals Court Decisions: Week of June 27 - July 1, 2022
July 02, 2022

U.S. Eleventh Circuit Court of Appeals

Arkin v. Smith Med Partners - TCPA, class action att'y fees
Brink v. Direct Gen Ins Co - Fla bad faith insurance, dissent, concurrence
Brown v. Philip Morris - Engle, detrimental reliance
Fowler v. OSP Prevention Grp - FLSA
Gimeno v. NCHMD, Inc. - ERISA
Harner v. SSA - disability
LaCroix v. Town of Fort Myers Beach - First Amendment, sign ordinance
Lamirand v. Fay Servicing - FDCPA, TILA
Patterson v. Ga Pacific - Title VII retaliation
Perlman v. PNC Bank - standing, receiverships, dissent
Public Risk Mgmt v. Munich Reinsurance - insurance coverage
Riolo v. US - 2255, ineffective assistance of counsel
Rodriguez v. Burnside - Free Exercise, qualified immunity
Rubinstein v. Yehuba - jurisdiction, expert testimony, punitive damages
Wreal v. Amazon - reverse-confusion trademark infringement

Florida Supreme Court - Tallahassee

Jackson v. State - capital case, postconviction relief
Thach v. State - charging document, midtrial amendments
Velazco v. State - double jeopardy

First District Court of Appeal - Tallahassee

Seadler v. Marina Bay CA - jury selection, certified conflict
Grooms v. State - postconviction relief
Rockwell Amelia Passage v. Williams - force majeure
Bellamy v. State - mandamus, duty to rule, mootness
Pierre v. State - mandamus, duty to rule, mootness
Avis v. State - mandamus, duty to rule, mootness
Westlake Re v. DFS - injunction, mootness
Rhody v. McNeil - habeas corpus, pre-bond mental health screening
Choute v. State - prohibition, judicial disqualification
Coley v. State - appellate jurisdiction, interlocutory criminal appeal
Herring v. State - mandamus, duty to rule, mootness
Nilio v. State - final order, postconviction relief plus show cause

Second District Court of Appeal - Lakeland

Lovell v Security First Ins - appellate jurisdiction, nonfinal orders
Cohen v. Carolyn - mootness
Progressive Am Ins v. Back on Track - PIP, certified conflict
Heritage P&C v. Forest Mere CA - insurance, appraisal
Williams v. State - sentencing
Burkhart v. Arthrex - jurisdiction, attorney disqualification
Youngman v. State - search and seizure, BitTorrent, hash values
Ivy Chase v. Ivy Chase - foreclosure, interest rate
Arzillo v. Arzillo - marital dissolution
Spine v. Moulton - employment, noncompete, temporary injunction
Collier Cnty Sch v. Baird - certiorari, discovery, privilege
Hassenplug v. Hassenplug - marital dissolution, homeschooling
Goulding v. Goulding - appellate jurisdiction, fees without amount

Third District Court of Appeal - Miami

814 Prop v. New Birth Baptist - condo sale, declaration, restraint
CFLB Mgmt v. Mabipa Overseas - money lent
JTB v. State - delinquency, video hearing, due process
Reese v. Mathis - § 57.105 fees
Menada v. Arevalo - prohibition, judicial disqualification
MD v. State - delinquency, video hearing, due process
Flexfunds v. Rivero - attorney disqualification
Alliance JJ Miami v. Coates - contract, cancellation fee
Montalvo v. Deutsche Bank - settlement agreement
Zielcke v. Rubio - service of process
Wm H Arthur Architect v. Schneider - certiorari, discovery, privilege

Fourth District Court of Appeal - West Palm Beach

Herrington v. Lloyd's - insurance, endorsement, scope
Geddes v. Jupiter Island - Anti-SLAPP, jurisdiction

Fifth District Court of Appeal - Daytona Beach

Baum v. Becker Poliakoff - summary judgment, malpractice
State Farm v. Roof Pros - appraisal, court-appointed umpire, subject-matter jurisdiction
Travis v. Travis - qualified domestic relations orders, pension
Apex Roofing v. State Farm - summary judgment, insurance
Osborne v. State - Anders appeal, investigative cost
Gatlin v. State - jail credit
Dontineni v. Sanderson - certiorari; medical malpractice, presuit requirements
Gutierrez v. State - postconviction relief
Reyes v. State - postconviction relief
Barber v. State - Anders appeal, written order
Hope v. State - sentence
Knight v. State - Spencer warning, pro se
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