Florida Appeals Court Decisions: Week of February 12 - 16, 2024
U.S. Eleventh Circuit Court of Appeals
Smart v. COII Ronald England - qualified immunity
Akridge v. Alfa Mut Ins - ADA
Bowen v. DOC - § 2254, Miranda
Monroe v. Bd of Regents Ga - False Claims Act, sovereign immunity for States
Calhoun v. Warden, Baldwin State Prison - habeas corpus
SEC v. Almagarby - securities, unregistered dealers
Rudolph v. USA - collateral attack on sentence, plea agreement
Florida Supreme Court - Tallahassee
Steele v. Comm’r of Soc Sec - certified question, inheritance rights
In re R Reg Fla Bar - amended bar rule
First District Court of Appeal - Tallahassee
Orange Cnty FFA v. Orange Cnty Comm’rs - unfair labor practices
Pickford v. Taylor Cnty Sch Dist - summary judgment, striking affidavit
Daise v. State - postconviction relief
Fla Wildlife Fed v. Fla Legislature - mootness, environmental challenges
SEI Fuel Servs v. DOR - tax refund, overpayments
Rogers v. Dixon - habeas corpus
Fagan v. Jackson Cnty Hosp Dist - sovereign immunity, notice to DFS
Second District Court of Appeal - St. Petersburg
Haskell v. PCP Group - business dispute, operating agreement interpretation
Gale Force Roofing v. Am Integrity Ins - insurance, assignment of benefits, § 627.7152
Darst v. West Coast Grp Enters - appellate standing
GAL v. SS - certiorari, dependency, intervention
Third District Court of Appeal - Miami
Cantens v. Certain Underwriters - notice of intent to litigate, retroactivity of section 627.70152(3)
Frazier v. State - disqualification of judge, preservation
Citizens v. Peipert - prejudgment interest, appellate jurisdiction
Malik v. State - dismissal of charge
Highway 1 v. Andris - contract formation, mutual assent
Cardenas v. Bank of New York Mellon - foreclosure, insufficient record
Findlay v. Star Lakes - unauthorized motion, appellate jurisdiction
Fourth District Court of Appeal - West Palm Beach
Pozos v. State - sentencing, nonstate prison sanction
Desbrunes v. US Bank - suggestion of death, abatement
Lee v. State - resisting officer, non-unanimous verdict
Garcia v. Moreno - lump sum alimony, agreement
Agriesti v. Agriesti - fee award, appellate jurisdiction
Yatak v. La Placita - punitive damages, fraud in the inducement
Ningbo Daye v. Int’l Global - personal jurisdiction, forum selection
Johnson v. State - Eighth Amendment, juvenile, life sentences, certified conflict
Fifth District Court of Appeal - Daytona Beach
Manago v. State - remand, sentencing, § 775.082(1)(b)
Hevia v. State - probation violation, written order
Veltman v. State - Anders appeal, written order
Last v. State - restitution, calculation error
Walsh Grp v. Zion - supplemental authority, strike
Lesbar Enterprises v. Baker - dismissal, prejudice
​Rease v. State - Spencer warning, pro se
Sixth District Court of Appeal - Lakeland
Arroyo v. State - sentencing, double jeopardy
Wellsprings Residence v. AHCA - administrative review, improper modification of findings