United States: This Week's Florida Appeals – Week of July 30-August 3, 2018

Last Updated: August 6 2018
Article by Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Whatley v. Warden - PLRA, exhaustion
Batson v. Salvation Army - ADA, FMLA
Internaves de Mexico v. Amdromeda Steamship Corp - admiralty, arbitration
In re Williams - habeas corpus
Crane v. Lifemark Hosp - Rehab Act, ADA
Garcia-Celestino v. Consolidated Citrus - FLSA
Jackson v. Bank of America - shotgun pleadings, frivolous appeals

Florida Supreme Court – Tallahassee

No decisions this week

First District Court of Appeal – Tallahassee

Lai v. State - closing argument, bolstering
Gainey v. Washington Cnty - employment, whistleblower
Washington v. State - right to counsel
Iezzi Family LP v. Edgewater Bch OA - condominium, derivative action
Clayton v. State - inevitable discovery doctrine
Allen v. Senior Clerk Score - pro se sanctions
Burris v. State - prohibition
McKnight v. McKnight - marital dissolution, life insurance
DOR v. Lopez - appellate standing, appeal of favorable judgment
Thompson v. State - evidence, authenticity
Mars v. State - competency; right to counsel
Randall v. State - sentencing, remand different judge
Cormier v. State - postconviction relief
Jones v. State - sentencing
Bean v. Wright - successor in interest, substitution
Standard v. DOR - child support, preservation of error
Orlando Health v. AHCA - certificate of need, rule challenge
Dyck-O'Neal v. Stermilli - deficiency action

Second District Court of Appeal – Lakeland

Sullivan v. State - Stand Your Ground; certified conflict
Alicea v. Nationwide - insurance, duty to defend, indemnify
Ballard v. Bank of Am - appellate jurisdiction
Murphy v. Blubaugh - stalking injunction
Douglas v. Douglas - domestic violence injunction
Haskel Realty v. KB Tyrone - oral contract, alternative claims
Roberts v. State - postconviction relief
Tualla v. State - postconviction relief
Prof'l Golf v. Huynh - rule 1.540, default
JSH v. DCF - paternity, standing

Third District Court of Appeal – Miami

Deprince v. Starboard Cruise - en banc, unilateral mistake, inducement
Bean v. Miami - § 768.28, sovereign immunity, teaching hospitals
Regal Ent'mt v. Navas - Fabre, intentional act, negligence
Rahimi v. Global Discoveries - tax deed sale, surplus, valuation date
Arroyo v. State - rape, Sixth Amendment, incapacitation
Denis v. Denis - marital dissolution, child support
Gonzalez v. FNMA - foreclosure, acceleration, certified conflict
St Mary's v. Zabaleta - settlement agreement, formation, enforcement
Simmons v. Jackson Mem'l - medical malpractice, presuit notice
Raulerson v. Font - attorney stalking, litigation privilege
Data Payment v. Caso - non-compete agreement, injunction
Mendez v. State - testimony read-back
Morris v. State - prohibition, double jeopardy, severance
AM v. DCF - certiorari, child reunification
AG v. DCF - certiorari, child reunification
Rogers v. State - pro se sanctions

Fourth District Court of Appeal – West Palm Beach

Jackson v. State - opening the door, co-defendants
Twigg v. State - battery, medical care provider
Walker v. State - sentencing, jailhouse behavior
Garofalo v. Proskauer Rose - fraud, statute of repose
Peynado v. State - illegal search and seizure
Can Financial v. Krazmien - bankruptcy; statute of limitations
Durrance v. State - postconviction relief

Fifth District Court of Appeal – Daytona Beach

Buschor v. Buschor - timesharing modification, relocation
Blade of Orlando v. Delsanter - order, finality
Knecht v. Palmer - dissolution, marital assets
Gould v. State - cocaine trafficking, conspiracy
Cancel v. Montanez - writ of prohibition

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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