United States: This Week's Florida Appeals: Week of May 29 – June 2, 2017

Last Updated: June 6 2017
Article by Carlton Fields

U.S. Eleventh Circuit Court of Appeals

US v. Lincare Holdings - False Claims Act
Mikko v. City of Atlanta - § 1983, First Amendment, immunity
In re Hernandez - sentencing, habeas corpus

Florida Supreme Court – Tallahassee

Middleton v. State - capital case, direct appeal
Gresham v. State - discharged, improvidently granted

First District Court of Appeal – Tallahassee

Taylor Eng'g v. Dickerson - rule 1.442, settlement proposal
Horn v. Wolfe - unrecorded hearing, stalking
Tracy v. State - mandamus, records request
Smith v. State -postconviction relief
Hinson v. State - postconviction relief
Sanders v. Drivetime - arbitration, limitations, FDUTPA
Currie v. State - sentencing
Nguyen v. Huynh - certiorari, dismissal
Smith v. Jones - pro se sanctions
Lee v. State - double jeopardy
Chambers v. State - sentencing
Hawkins v. State - sentencing
Brown v. State - probation
Pensacola v. Seville Harbour - real property, lease
Keeter v. Chase - unresolved motions
Drakus v. State - postconviction relief

Second District Court of Appeal – Lakeland

DOT v. Butler Carpet - inverse condemnation damages
Gualtieri v. Keyser - costs
Anderson v. Taylor Morrison of Fla - warranty arbitration
Stavrou v. Destination Boat Clubs - proceedings supplementary
Collier HMA v. Menichello, M.D. - restrictive covenant
Jones v. State - revocation order
Xhelaj v. McCormick 105 - confession of error
GEICO v. Arreola - jurisdiction; premature execution

Third District Court of Appeal – Miami

Key West v. KW Golf Club HA - stormwater fees, rehearing procedure
Pearce v. Sandler - res judicata, collateral estoppel
Viera v. State - written opinion granted, competency order
Alvarez Fuentes v. State - probation, violation
Deauville Hotel v. Ward - breach of contract, wedding venue
Reid v. State - sentencing, Miller
Salinas v. Mobarak - unjust enrichment, constructive trust, equitable lien
Miranda v. Pacheco Entm't - entertainment; permanent injunction, vacating
EJ v. DCF - child care worker, disqualification, exemption
In re Rodriguez - adoption
W Flagler Assoc v. DBPR - pari-mutuels, declaratory statements
Krieger v. FWCC - employment, PERC, termination
JH v. State - juvenile, school trespass
Cox v. State - sentencing

Fourth District Court of Appeal – West Palm Beach

Thompson v. State - comments during closing
Romans v. State - downward departure
Newman v. Newman - dissolution; alimony
MDVIP v. Beber - med mal
Panosyan v. Citimortgage - foreclosure
Lisca v. Fla Atlantic Constr - default
Kovalsky v. State - downward departure
Zieler v. State - competency
Keller v. Lawnwood Med Ctr - administrative remedies
Desai v. Lawnwood Med Ctr - administrative remedies
Nikolits v. Haney - property value; corrections
Baker v. State - competency
Kruse v. State - ineffective assistance
Kriebel v. Piedrahita - injunction; repeat violence
State v. CJ - illegal search
Symcon Dev Group v. Passero - intervention
Wells Fargo v. Eisenberg - damages; involuntary dismissal
Brown v. State - postconviction relief
Burke v. Sunco Title & Escrow - bond amount
State v. Lopez - death penalty

Fifth District Court of Appeal – Daytona Beach

Chuchian v. Situs Investments - foreclosure, standing
Birkmire v. Birkmire - child support, modification
Valentin v. State - sentencing, jail credit
Dottaviano v. Dottaviano - alimony, imputed income; marital home
Martin v. State - probation revocation, concession of error
Pineirocaban v. State - drug trafficking, mandatory minimum
Carr v. State - postconviction relief
Adderley v. State - postconviction relief

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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