Florida Appeals Court Decisions: Week of March 4 - 8, 2024
U.S. Eleventh Circuit Court of Appeals
Amerisure v. Landmark - appellate jurisdiction, pending claims
Edwards v. US Att’y Gen - immigration, removal, asylum, aggravated felony conviction
USA v. Gbenidio - illegal drug dispensing, indictment sufficiency, evidence
USA v. Dubois - Second Amendment, firearms, knowledge, controlled substance, sentencing
Honeyfund.com v. Fla Gov - First Amendment, Individual Freedom Act, workplace training
Florida Supreme Court - Tallahassee
Faircloth Guardianship v. Main Street Ent - comparative fault statute, scope
Statewide GAL v. CC - parental rights, termination
First District Court of Appeal - Tallahassee
Scott v. State - child hearsay
Hausler v. Hausler - marital dissolution, attorney’s fees, after-the-fact
Brown v. State - probation revocation
Pitts v. Brown - certiorari, expert witness, attorney’s fees in cert cases
Casey v. Mistral CA - condominium, balcony railing, maintenance duty
Kilcrease v. Brown - child support, trial court jurisdiction, simultaneous proceedings
Second District Court of Appeal - St. Petersburg
Garner v. State - sentencing
Kozminski v. Koeppen - real property, specific performance
Advantage Limo v. Simmons - rule 1.442, settlement proposals, ambiguity
Daniels v. Readycap - guarantee, res judicata
Shrivastava v. CAC Pharma - arbitration
Third District Court of Appeal - Miami
Ross v. Citizens - summary judgment standard
Sanchez v. Sec First - presuit notice under s. 627.70152, retroactivity
Sommers v. Philip Morris - Engle-progeny action, punitive damages
Ortega v. All Dade Fences - presumption of negligence, attorney’s fees
Lawton v. State - civil commitment, probable cause for release
Pianezza v. MIA Collection Servs - personal jurisdiction, corporate shield doctrine
Gonzalez v. City of Coral Gables - late service, good cause
Dev-Land Demolition v. Trekker - verdict, evidence, jury instructions, invited error
Levy v. Levy - post-dissolution proceeding, suit money, attorney’s fees
Valdivieso v. Citizens - appraisal, attorney’s fees
Ingraham v. State - postconviction relief
Otero v. AAA - negligence, duty
Quality Diagnostic v. Responsive - false application
Valdes v. State - community control, discrepancy between written order and oral pronouncement
Med Rehab v. Direct Gen - intervention
AGI Traffic Sch v. DHSMV - contract termination, evidence
Sutton v. Wilmington Tr - certiorari, financial discovery
Telesco v. Nat’l Concrete - certiorari, discovery prior to arbitrability determination
Vault Reciprocal v. Luria - certiorari, work product
Brewer v. Hughes - prohibition, disqualification of judge
Fourth District Court of Appeal - West Palm Beach
Henriquez v. State - written findings
Lee v. State - prosecution costs
Lillard v. State - sentencing
Lillard v. State - written findings
Pino v. Pino - due process, testimony
Selz v. McKagen - certified conflict
State v. Morris - ineffective assistance
Palacios v. Lawson - med mal, arbitration
Fellsmere v. Almanza - code lien foreclosure
Herman v. Smiley - jurisdiction, judicial records
Broyes v. State - scrivener’s error
State v. Tyson - reasonable suspicion
Kaplan v. DCF - termination parental rights, moot
Fifth District Court of Appeal - Daytona Beach
Dora v. Morrison - probate, non-adversary; strike, procedure
ER Env v. Sihle Financial - negligence, fiduciary duty, summary judgment
Rampe v. State - criminal, judgment, sentence, probation
Poole v. State - Spencer warning, pro se
Sixth District Court of Appeal - Lakeland
Campbell v. State - sentencing, oral pronouncement
Lee County v. Dean Wish - attorney’s fees
Morris v. Boyer - enforcement of settlement
Statewide GAL v. DCF - authority of GAL