United States: This Week's Florida Appeals – Week of June 5-9, 2017

Last Updated: June 13 2017
Article by Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Florence Endocrine Clinic v. Arriva Med - TCPA
Rodriguez v. Gold Star - FLSA

Florida Supreme Court – Tallahassee

N Broward Hosp v. Kalitan - equal protection, medical malpractice caps
Okafor v. State - capital case, direct appeal; Hurst
Williams v. State - discharged, improvidently granted
McCoy v. State - discharged, improvidently granted
Card v. Jones - habeas corpus, Hurst

First District Court of Appeal – Tallahassee

Pierce v. State - Miranda
Anderson v. State - competency, written order
Arena Football v. Bishop - workers' compensation
IAF v. State - PERC, Governor's veto, firefighter raise
Santangelo v. State - scrivener's error
Riverwood v. Gilroy - limitations, equitable estoppel
Murray v. DOC - clemency, commutation
Brown v. Jones - pro se sanctions
Bessellieu v. State - postconviction relief
Delgado v. City Concrete - workers' compensation
Donaldson v. State - probation
Lewis v. Dollar - certiorari; functional capacity evaluation
Glenn v. State - probation revocation
Hill v. State - premature appeal
Surterra Fla v. DOH - trade secrets, marijuana dispensaries
Kelly v. State - habeas corpus, Hatten

Second District Court of Appeal – Lakeland

Frye v. State - competency determination
Librizzi v. Librizzi - dissolution; tax consequences
JJP v. State - costs
Andrews v. Andrews - child support
Gaut v. DOR - child support
Caqwin v. Thrifty Rents - foreclosure; affidavit
North v. State - hearsay
Destination Boat v. Island Breeze - attorneys' fees
Eckhart v. DCF - habeas corpus
Paylan v. Dept. of Health - license renewal
Harborside v. Jacobson - email discovery
Curiale v. Curiale - time-sharing limitations

Third District Court of Appeal – Miami

Jackson v. State - carjacking, robbery, evidence
Gonzalez v. State - enforce mandate; right to be present
Travelers v. Community Asphalt - venue, forum selection clause
Castro v. Pullmantur - Jones Act, venue, forum selection clause
Perry v. DCF - mandamus, SNAP benefits, administrative process
Hubbell v. Martin - clarification, final judgment language
Leal v. Rodriguez - domestic violence injunction
Ward v. State - pro se sanctions
Karapetyan v. Deutsche Bank - foreclosure sale, notice
R Plants v. Dome - breach of contract, damages, evidentiary hearing
Gomez v. S&I Props - arbitration, appellate jurisdiction
Miami v. Vila - certiorari, depositions, mayor, city manager
Topic v. Topic - forum non conveniens, untimely motion
Ordonez-Medina v. State - rule 3.853, DNA testing
Rodriguez v. State - postconviction relief
Caison v. State - sentencing
Plumer v. US Bank - judicial notice, appellate court

Fourth District Court of Appeal – West Palm Beach

Stokes v. Wynn - implied consent; driver liability
Dabbs v. State - Richardson hearing
Evans v. State - Double Jeopardy
Parague v. State - restitution; coercion
Estimable v. Prophete - Rule 2.516; §57.105
Solomon v. Megregian - marital dissolution
Brooks v. Paul - release; exculpatory; ambiguity
Youmans v. State - postconviction relief
Smart v. Palm Beach Cty Clerk - certiorari; mental exam
Knauf Plasterboard v. Ziegler -- § 768.73; punitive damages

Fifth District Court of Appeal – Daytona Beach

JP Morgan v. Geveran Investments - summary judgment, FSIPA
MDTR LLC v. Deutsche Bank - foreclosure; written defenses, trial request
Hogan v. State - concession of error, petit theft
McKinnon v. State - postconviction relief
Ehmer v. US Bank Trust - foreclosure, concession of error
Clark v. State - sentence
Williams v. State - postconviction relief
Mackey v. State - postconviction relief
Williams v. State - sentence
Hughes v. State - habeas corpus, Baker Act
Deriso v. State - prohibition, speedy trial

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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