United States: This Week's Florida Appeals: Week Of August 28 - September 1, 2017

Last Updated: September 4 2017
Article by Carlton Fields

U.S. Eleventh Circuit Court of Appeals

US v. Vail-Bailon - sentencing, en banc
Ela v. Destefano - DPPA
Grayson v. Ala DOC - Eighth Amendment, § 1983

Florida Supreme Court – Tallahassee

Covington v. State - capital case, direct appeal
Gregory v. State - capital case, postconviction relief
Smith v. Smith - right to marry, incapacitated persons
Dean v. State - manslaughter as lesser-included
Ayala v. Scott - quo warranto, state attorney reassignment

First District Court of Appeal – Tallahassee

Armstead v. State - sentencing
Cooler v. State - criminal defendant costs
Cooler v. State - criminal defendant costs
Mackoul v. Mackoul - dissolution, lien securing alimony
Sanchez v. DOH - license restriction, dental hygienist
Fischer v. Fischer - appellate jurisdiction, final order
Univ Underwriters v. Body Parts - pleading, sufficiency
KLL v. State - delinquency
Carpenter v. DHSMV - motor vehicle licensing
Anderson v. State - sentencing
JFS v. DCF - appellate jurisdiction, timely notice
Butler v. State - sentencing
Manata v. State - mandate enforcement
Higginbotham v. State - double jeopardy
Higginbotham v. State - double jeopardy

Second District Court of Appeal – Lakeland

Medina v. State - child neglect
Kallett v. Kastriner - alimony modification
Jaques v. State - revocation, youthful offender
Chandler v. KCCS - 57.105, attorney's fees 
ZL v. State - Richardson inquiry
Tubby's Customs v. Euler - measure of damages
Rousey v. State - revocation
Morejon v. DOR - concession of error
Morgan v. State - postconviction relief
Clark v. State - postconviction relief
Jackson v. State - postconviction relief, concession of error
Westaway v. Wells Fargo - attorney's fees
Bowman v. State - postconviction relief

Third District Court of Appeal – Miami

Martin v. Sowers - personal injury, limitations, closing argument
Bank of NY v. Anton - foreclosure, limitations
Siegel v. Tower Hill - property insurance, payment, inspection
Barrios v. State - sentencing
Ortiz v. Weiss - certiorari, lis pendens, bond
Lassus v. State - postconviction relief
Paskett v. State - postconviction relief
Jones v. State - pro se sanctions
Dunbar v. State - sentencing
Evans v. Shapiro - mandamus, entry of default

Fourth District Court of Appeal – West Palm Beach

Rosaler v. Rosaler - attorney's fees; litigation conduct
Philip Morris v. Pollari - Surgeon General's Reports; inadmissibility
Wells Fargo v. Richards - statute of frauds
Giuffre v. Edwards - sanctions; standing
Collado v. Baroukh - amendment
Delbrouck v. Eberling - probate; standing
State v. Peraza - stand your ground
Johnson v. State - return of property; evidentiary hearing
Smith v. Smith - dissolution; equitable distribution
Raithel v. State - competency; public defender lien
3709 N Flagler v. BOA - foreclosure; standing
Eugene v. State - return of property; timeliness
Rabil v. Seaside Builders - lien transfer bond
State v. Chapman - prohibition; death penalty
TH v. DCF - termination of parental rights
WK v. DCF - custody transfer

Fifth District Court of Appeal – Daytona Beach

Ringelman v. Citizens Property - sinkhole; execution, stay, repair contract
Santiago v. State - sentence; oral, written
Minix v. State - postconviction relief
Clay v. State - sex-offender registration; sufficiency
State v. Mitchum - probation violation, dismissal
Guevara v. State - ineffective assistance
Downs v. State - postconviction relief
US Bank v. Diamond - foreclosure, statute of limitations
JP v. JN - involuntary substance treatment, venue
Burt v. State - postconviction relief
White 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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