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20 March 2017

Florida Appeals (Week Of March 13-17, 2017)

U.S. Eleventh Circuit Court of Appeals
United States Litigation, Mediation & Arbitration

U.S. Eleventh Circuit Court of Appeals

Evans v. Ga Regional Hosp – Title VII
Almanza v. United Airlines – RICO
Flanigan's Enters v. City of Sandy Springs – en banc
McCarthan v. Goodwill – habeas corpus, ACCA, en banc
Madison v. Ala DOC – habeas corpus, capital punishment
US v. McCullough – judicial reassignment, sentencing
Lambrix v. Fla DOC – certificate of appealability
Young v. Borders – en banc, qualified immunity

Florida Supreme Court – Tallahassee

Smith v. State – capital case, postconviction relief
Wright v. State – capital case, postconviction relief
Debaun v. State – sexual intercourse definition, spreading STD's
Hodges v. State – capital case, postconviction relief
Citizens of Fla v. Graham – PSC review, electric rates
In re Fla Fam Law R – amended family law rules

First District Court of Appeal – Tallahassee

Chester v. State – right to silence; competency
Allen v. State – postconviction relief
OW v. State – criminal restitution
McAffee v. DOC – mandamus, parole

Second District Court of Appeal – Lakeland

Vazquez v. State – sentencing
Duarte v. Snap-On, Inc. – dismissal as sanction
Landmark Funding v. Chaluts – improper dismissal
Cohen v. Shushan – probate; surviving spouse
Ray v. State – postconviction relief
Arnold v. State – competency order
Pealer v. Wilmington Trust – foreclosure
Aponte v. State – postconviction relief
Villages v Manatee Tax Collector – tax liens/assessments
ICMfg v. Bare Board Group – damages on default

Third District Court of Appeal – Miami

Scala v. State – transcript prejudice; closing argument
Viscito v. Viscito – equitable dissolution
Weinberg v. GEICO – insurance, confession of judgment
Sampson v. State – improper closing argument, fundamental error
Carter v. State – postconviction relief
Allied v. Given – non-compete agreement, temporary injunction
Pinder v. State – pro se sanctions
Palmetto Bay v. Alexander Sch – local ordinance, constitutional challenge
MVW Mgmt v. Regalia Bch Dev – advancing fees, costs
Lopez v. Flores – certiorari, attorney disqualification
Mairs v. State – jail credit
Byrd v. State – postconviction relief

Fourth District Court of Appeal – West Palm Beach

Morera v. Waste Mgmt – workers' compensation
Guerra v. State – on rehearing; sentencing
McInerney v. State – hearsay; sentencing
Fountainspring II v. Veliz – lien; lis pendens
JG v. State – refresh recollection; audio tape
Hudson v. State – collateral crime evidence
Riviera Beach v. J&B Motel – code enforcement; liens
Pennymac v. Frost – on rehearing; foreclosure; standing
Deutsche Bank v. Dowd – foreclosure; standing
US Bank v. Roseman – original note; authenticity
State v. Fair – speedy trial
McCray v. Bellsouth – amendment; third-party defendant
Castillo v. State – racketeering; ineffective counsel
Bynes v. State – postconviction relief

Fifth District Court of Appeal – Daytona Beach

Carriere v. Chunick Holding – directed verdict; partial judgment
Munoz v. State – simple, aggravated battery; double jeopardy; sentencing
Joseph v. State – postconviction relief
JD v. State – restitution, criminal
Rosado v. State – postconviction relief
Weiner v. DOR – confession of error
White v. State – illegal sentence
McNair v. State – illegal sentence
AB v. State – involuntary commitment, evidence

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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