United States: Florida Appeals - Weeks Of November 14-18 And November 21-25, 2016

Last Updated: November 29 2016
Article by Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Melton v. Abston - § 1983, qualified immunity
US v. Esprit – sentencing
US v. Vail-Bailon – en banc
Tucker v. IRS – tax
Wright Transp v. Pilot Corp – CAFA
US v. Davis – Rule 36
US v. Gundy – sentencing, ACCA
US v. Beane – bankruptcy, tax
May v. City of Nahunta – qualified immunity, search and seizure
Wilson v. Warden – habeas corpus
US v. Leon – constructive amendment to indictment
Sidman v. Travelers – enforceability of settlement

Florida Supreme Court – Tallahassee

Wright v. State – capital case, postconviction review
Franklin v. State – capital case, direct appeal
In re Fla R Crim Pro – jail credit amendments
Grimsely v. Jones – pro se appellate sanctions
Phillips v. State
– capital case, direct appeal
McCloud v. State – capital case, direct appeal
Robinson v. State – criminal limitations, absence

First District Court of Appeal – Tallahassee

Jackson v. Leon Cnty – elections, city commissioner
Keyser v. Keyser – alimony; preservation of error
Sylvain v. FAMU – student discipline; administrative remedies
Davis v. State – pro se sanctions
Mills v. DOC – mandamus, mootness
Rice v. JP Morgan – partial final judgment
Mathis v. State
– ineffective assistance
Sirmones v. State – fundamental error, waiver
Coleman v. Jones – certiorari, prisoner assignment
Holt v. State – criminal restitution
Lampert v. NICA – NICA, attorney's fees
Bank of Am v. Leonard – foreclosure, certification
Bernal v. Weinstock – mandamus, defense documents
Dunn v. State – murder, self-defense
Grayson v. Progressive – certiorari, denied discovery
Montgomery v. JP Morgan – confession of error
Griffin v. State – unauthorized filing
Johnson v. State – habeas corpus

Second District Court of Appeal – Lakeland

Degregorio v. State – postconviction records request
CW v. State –  BB Gun not deadly weapon
McKay v. McElhiney – judicial delay; new hearing
Marin v. State – revocation of probation
Romano v. State
– sentencing issues
Waiters v. State – long juvenile sentence
Kemp v. State – emergency guardian fees
Smith v. State – neutral sentencing
State v. Tumlinson – exclusion of confession
JC v. State – resisting arrest
FC v. State – suppression of evidence
Hixon v. State – postconviction relief
Heare v. State – felony battery
Gear v. Gear – due process hearing
Thomas v. State – solicitation; double jeopardy
Boulder Venture v. Sabow – surplus guaranty language
743 Mahoney v. MDC 5 – foreclosure; deficiency
Ocwen Loan v. Osmundsen – foreclosure; ¶ 22
KB v. DCF – permanent guardianship
Landy v. State – postconviction relief
JS v. State – juvenile probation
Andujar-Ruiz v. State – new trial; jury instruction
Alvarado v. State – sexual predator probation
Johnson v. State – postconviction relief
Martin v. State – postconviction relief
CS v DCF – dependency; dismissal
GAL Program v CH – dependency; nexus
Marshal v. Brown – jurisdictional dismissal

Third District Court of Appeal – Miami

Martinez-Castaneda v. State – sentencing
Aybar v. State – search and seizure, preservation of error
Rollins v. Dickerson – preservation of error; additur
Rodriguez v. Ocean Bank – foreclosure, summary judgment
Publix v. Alvarez – forum non conveniens
Frontier Fla v. FP&L – utility pole use, agreement, damages
Futernick & Beber v. Trushina – contract, delay damages, invited error
Pinder v. State – habeas corpus
State v. Gaiter – death penalty, constitutionality
Aligned Bayshore v. Am Watersports – commercial lease, injunction
BG v. DCF – certiorari, guardianship
LCR v. DCF – dependency
Williams v. State – belated appeal, sentencing
Luma v. State – sentencing
Membreno v. Blancas – appellate jurisdiction, timely notice
S Fla Pool & Spa v. Sharpe Inv
– rule 1.442, settlement proposal
Lopez v. JP Morgan – foreclosure, notice
Barton v. Metrojax – foreclosure, lien priority
Philippe v. Weiner – deficiency judgment, collateral challenge
Tropicana CA v. Tropical Condo – condominium termination
Adweiss v. Daum – indemnity, fee advancement
Classical v. Max South – certiorari, claim against cash bond
Brown v. State – pro se sanctions
Tyco Fire v. 2711 Hollywood Bch – certiorari, privileged documents
Charles v. State – postconviction relief
Japo v. State – sentencing

Fourth District Court of Appeal – West Palm Beach

Gooden v. Riviera Beach—attorney's fees; preservation
Gomez v. State—probation; revocation
Willson v. Big Lake Partners—new opinion evidence
Gonzalez v. Onewest Bank—interest
John v. State—sentencing
Jeudy v. State—instruction; conditional statutory presumption
FNMA v. Mirabella HOA—HOA assessments; safe harbor
Petit-Homme v. State—postconviction relief
Southwart v. BONY
—foreclosure; conditions precedent
Grosso v. HSBC Bank—administrative closure; abandonment
BONY v. Withum—conditions precedent; substantial compliance
Natiello v. Winn-Dixie—precluding argument
Jericho All-Weather v. Pier 17—loan agreement; funding obligation
Gill v. Tenet Healthsystem—workers' compensation immunity; estoppel
Arnone v. State—probation revocation
Redd v. State—probation revocation
Hernandez v. State—plea withdrawal; evidentiary hearing
BS v. DCF—termination of parental rights
Ames v. Ames—temporary injunction
Bradshaw v. Bott—administrative remedies; exhaustion
Witt-Bahls v. Bahls—visitation; conditions

Fifth District Court of Appeal – Daytona Beach

KN v. DCF – concession of error
Martin v. State
– hazing, manslaughter
Bright House v. AT&T – bid protest, internet services
Auto Club v. Babin – insurance, auto accident   
Boardwalk v. Paspalakis – specific performance, land
Deutsche Bank v. Moore – confessed error, directed verdict
Village v. US Bank – safe harbor, mortgagee; condo assessments
Golson v. Golson – alimony, modification; child support, arrears
Murphy v. Murphy – dissolution; lack of transcript
Garrison Prop v. Rohrbacher – second-tier certiorari; fee multiplier
Cioeta v. State – postconviction relief
Smith v. State ­– postconviction relief
Baldwin v. Baldwin – dissolution; distribution; contempt
Casais v. State – credit card forgery; gift card
Henderson v. Lockard – paternity, relocation
RB v. DCF – confessed error; parental rights

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