United States: This Week's Florida Appeals (Week of April 23-27, 2018)

Last Updated: April 30 2018
Article by Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Dixon v. Pollock - § 1983, gain time
US v. Whitman - bribery, sentencing
First National Bank of Oneida v. Brandt - bankruptcy
FDIC v. Loudermilk - apportionment, joint & several liability, certification
Clayton Cnty v. FAA - aviation fuel tax
Bush v. Fla DOC - habeas corpus
Barnes v. DOC - habeas corpus
Hand v. Scott - stay pending appeal
CSX Transp v. Ala DOR - rehearing, RRRRA
Ga Republican Party v. SEC - FINRA, standing, venue

Florida Supreme Court – Tallahassee

Cantore v. W Boca Med Ctr - medical negligence, physician testimony
Nat'l Deaf Acad v. Townes - medical negligence, presuit requirements
Trease v. State - capital case, postconviction relief, Hurst
Evans v. State - sentencing, Hurst
Woodson v. Woodson - pro se sanctions

First District Court of Appeal – Tallahassee

DuBois v. State - burglary with firearm
Smith v. State - sentencing
Okashah v. State - appellate jurisdiction
Webb v. Blue - probate, homestead, devise
BS v. DCF - appellate jurisdiction, juvenile rules, rehearing
De La Piedra v. De La Piedra - alimony, child support, fees
Smith v. State - postconviction relief
Becnel v. AIZ Holdings - certiorari, discovery
Robinson v. State - appellate jurisdiction, postconviction relief
Overstreet v. Overstreet - timesharing, military

Second District Court of Appeal – Lakeland

Blinn v. West Shore Villas - appellate fees, authority to award
Kozel v. Kozel - contempt, duty to obey
HSBC Bank v. Nelson - foreclosure, limitations, ¶ 22
Ganzemuller v. Omega Ins - insurance, valued policy, repairs

Third District Court of Appeal – Miami

DCF v. Garcia - certiorari, competency
Williams Island v. De La Mora - ad valorem taxes, class actions
Sanchez v. Miami-Dade - sovereign immunity, negligent security
RJ Reynolds v. Davis - new trial, counsel's conduct, prior verdict
Papastrati v. Papasakelariou - foreign law, interpretation
Francis-Harbin v. Sensormatic - inconsistent verdict, damages
Homeowners Choice v. Avila - certiorari, discovery, insurance, claim file
Fersom Mort v. Moreno - subject matter jurisdiction, crossclaim
90 CWELT-2008 v. Yacht Club - foreclosure sale, vacatur
Rodriguez v. Guerra - lis pendens, discharge, appellate jurisdiction

Fourth District Court of Appeal – West Palm Beach

Tognoli v. Philip Morris - comparative fault
Blok Builders v. Katryniok - rehearing; indemnity
Joseph v. State - hearsay; recorded jail calls
Gomez v. State - rape shield law
Black v. Cohen - voir dire; objections; preservation
Bittle v. State - competency
Target v. Kaufer - negligence; mode of operation
Williams v. State - Jimmy Ryce Act; hearsay
Cameron v. Jastremski - defamation; immunity; public official
Lenz v. State - closing argument; voir dire, preemptory strike
Hill v. State - probation violation
Jervis v. Geico - insurance; written notice; s. 627.727
Kirschner v. Kirschner - rehearing; martial settlement agreement
Nolden v. Summit Fin - usury; motor vehicle finance
Santos v. State - closing argument; preservation
HSBC Bank v. Sanchez - rehearing; foreclosure; res judicata
Smulders v. Thirty-Three Sixty Condo - mootness
Mitchell v. State - new trial; preservation
Wright v. Deutsche Bank - foreclosure; summary judgment
North Shore Medical v. Accredited Health - arbitration; predecessor entity
Fort Lauderdale v. Nichols - sovereign immunity
Custom Marine v. Boywic Farms - commercial lease; payments
Guy v. Plaza Home Mortg - Broward Clerk; procedures

Fifth District Court of Appeal – Daytona Beach

PNC v. Roberts - foreclosure; default letter
Turan v. Nationstar - judicial default
Gonzalez v. Stern - relinquishment; scope
Thomas v. State - postconviction relief
Maxwell v. State - sentencing
McIntosh v. State - postconviction relief
REB v. DCF - parental rights
HRG v. DCF - parental rights

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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