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23 January 2017

This Week's Florida Appeals Court Decisions: Week Of January 16-20, 2017

Carlton Fields is pleased to present This Week's Florida Appeals Court Decisions, a weekly hyperlinked summary of selected civil and criminal cases presented by the Appellate and Trial Support practice at Carlton Fields.
United States Litigation, Mediation & Arbitration

U.S. Eleventh Circuit Court of Appeals

US v. Stein – Brady evidence, sentencing
Kroma Makeup v. Boldface Licencing – arbitration
May v. City of Nahunta – qualified immunity, search and seizure

Florida Supreme Court – Tallahassee

Williams v. State – capital case, direct appeal
Daugherty v. State – manslaughter instructions, fundamental error
McCloud v. State – manslaughter instructions, cured error
Armstrong v. State – capital case, postconviction relief, Hurst
Kopsho v. State – capital case, postconviction relief, Hurst
Gaskin v. State – capital case, postconviction relief, Hurst

First District Court of Appeal – Tallahassee

Johnson v. State – criminal restitution
Williams v. State – public defender lien
Dallas v. State – sentencing
Nipper v. Walton Cnty – injunction, skydiving business
Baricko v. Barnett Transp – workers' compensation
Horn v. Horn – parental relocation
JL v. State – certiorari, contempt
Prins v. Farley – certiorari, elected officials, privilege
Reed v. State – instructions, stealthy entry
Gomez-Lujano v. Palm Bch Grill – workers' compensation
Rembert v. State – sentencing
Laycock v. TMS – certiorari, juror interviews, certified conflict
Hialeah v. Bono – workers' compensation
AHCA v. Planned Parenthood – nonfinal agency action review, fees
Kelly v. Forest River – partial final judgment

Second District Court of Appeal – Lakeland

Daniels v. State – suppression; curtilage
Bank of New York v. Peterson – foreclosure; rule 1.540
Whitburn v. Bank of America  – foreclosure; intervention
Bank of New York v. Glenville – foreclosure; surplus funds
Frazier v. State – postconviction relief
Romero v. Wells Fargo – foreclosure
Lucey v. 1010 Logic – summary judgment
Wells v. State – postconviction relief

Third District Court of Appeal – Miami

Indian Creek v. Indian Creek – special assessments; single subject rule
Homeowners Choice v. Maspons – insurance, ensuing loss provision
Reyes v. Infinity  – insurance, intervention, Coblentz, bad faith
Wagner v. StateRichardson hearing
In re DeMartino –  adoption
Keys Country v. Fla Comm Bank – certiorari, stay order
Lowe's v. Duque – certiorari, rehearing grant

Fourth District Court of Appeal – West Palm Beach

Watson v. State – sentencing; jurisdiction
Reyes v. US Bank – attorney's fees; evidence
Morgan v. Morgan – marital dissolution
PBC School Board v. FDOE – charter school statute
Alexis v. State – public defender fee
Jimenez v. Jimenez – marital dissolution
Flores v. State – plea withdrawal; jurisdiction
Ducksbury v. Progressive Express – insurance coverage
State v. Bray – sentencing; community control credit
Schumacher v. Reback Realty – breach of contract

Fifth District Court of Appeal – Daytona Beach

Doctors Company v.  Plummer – med mal; undisclosed expert, evidence
Delacruz v. Wells Fargo Bank – foreclosure; conceded error
Sand Lake Hills v.  Busch – attorney's fees
Palm Garden v. Haydu – compel arbitration; binding agreement
Webb v. State – postconviction relief
Hardy v. State – sentencing, sexual predator designation

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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