United States: This Week's Florida Appeals Court Decisions: Week Of January 23-27, 2017

Last Updated: January 30 2017
Article by Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Yellow Pages Photos v. Ziplocal – attorney's fees, costs
US v. Golden – sentencing
Pruco Life Ins v. Wells Fargo – insurance
Doe v. Miami-Dade – ex post facto
Brown Jordan Intl v. Carmicle – CFAA, SCA, wrongful discharge
Dukes v. Deaton – § 1983, qualified immunity

Florida Supreme Court – Tallahassee

Calloway v. State – capital case, direct appeal
Kopel v. Kopel – rule 1.190(c), relation back; oral contract
Palm Bch Sch Bd v. Doe – rule 1.190(c), relation back
King v. State – capital case, postconviction relief
McGirth v. State – capital case, habeas corpus, Hurst
Franqui v. State – capital case, intellectual disability, Hall
Fla Indus v. Graham – rule of sequestration, administrative proceedings
Dockswell v. Bethesda – medical malpractice, foreign-body presumption
Allstate v. Orthopedic Specialists – insurance, Medicaid fee schedules

First District Court of Appeal – Tallahassee

Werley v. State – scrivener's error
Weimar v. L'Oreal – workers' compensation
Torres v. State – habeas corpus, venue
Watts v. State – ineffective assistance, appellate counsel
RetailFirst Ins v. Davis – workers' compensation
Neilson v. State – workers' compensation
Hurley v. State – belated appeal

Second District Court of Appeal – Lakeland

Heller v. Bank of America – foreclosure; evidence
Dyck O'Neal v. Ward – foreclosure; deficiency
Moen v. Bradenton Council on Aging – arbitration
Delisser v. State – scrivener's error
Gaffney v. Baumann – dismissal

Third District Court of Appeal – Miami

Pedraza v. RAAC – reemployment assistance
Peninsula II v. Gryphon Constr – construction, subrogation
Wilson-Greene v. Miami – slip and fall, summary judgment
Aldin v. State – ineffective assistance, appellate counsel
Banco Bilbao v. Easy Luck – banking, UCC, payment by mistake
Sunny Isles Bch v. Calvary – eminent domain, evidence
PNC Bank v. Clark – foreclosure, standing
Woodruff v. State – lewd conduct, evidence; jury, verdict by lot
Miller v. State – postconviction relief
Estate of De Los Santos v. Nat'l Equity – trustee fees
Fernandez-Andrew v. Fla Peninsula Ins – certiorari; insurance, abatement
Romagnoli v. Sr Acquisitions – foreclosure; deficiency judgment, estoppel; defenses
Laguna Tropical v. Barnave – condominium, declaration, enforcement
EQ v. DCF – children, parental rights, custody transfer
JP v. DCF – dependency
Key West v. Key West Golf Club – stormwater fees

Fourth District Court of Appeal – West Palm Beach

Beckford v. Drogan—attorney's fees; paternity
Daughtry v. State—sequestration
Ober v. Lauderdale-By-The-Sea—lis pendens; discharge
RSB Ventures v. Berlowitz—legal malpractice; premature
Orton v. State—typical belief; preservation
Kogan v. Israel—public whistleblower
Gustafsson v. Aid Auto Brokers—attorney's fees; settlement agreement
McKane v. Sacajawea—unjust enrichment
Brunson v. State—firearm; readily accessible
McLendon v. Nikolits—agricultural tax exemption
Washburn v. Washburn—imputation of income
Hollis v. Massa—mandamus; evidentiary hearing
Howmedica Osteonics v. Trowbridge—certiorari; privilege; adverse events
US Sugar v. Mullins—certiorari; relevance; privilege log

Fifth District Court of Appeal – Daytona Beach

Baldwin v. Idoni – attorney's fees, offer of judgment
Nationstar v. Wing – foreclosure, lost note
Purdy v. State – sentencing, juvenile
George v. State – conspiracy, failure of proof
Brisbane v. State – postconviction relief
State v. Quinones – certiorari; death penalty; certified question

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