Florida Appeals Court Decisions: Week of August 12-16, 2024

Carlton Fields
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U.S. Eleventh Circuit Court of Appeals

Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender
Calderon v. Sixt - car rental, contract breach, FDUTPA
USA v. Bell - mail fraud, wire fraud, false statements, evidence, instructions, sentencing
Cobb Cnty Sch Dist - appellate standing, interlocutory appeal, redistricting
Fernandez v. USA - firearms, “crime of violence”
Guardado v. DOC - postconviction relief
Johnson v. Terry - federal prisoner, Bivens claims
MH v. Ga DOCH - Medicaid, skilled nursing services, disabled children

Florida Supreme Court - Tallahassee

No decisions this week

First District Court of Appeal - Tallahassee

Russo v. Kite - appellate jurisdiction
Halifax Hosp v. Fla AG - opioid litigation, settlement, AG authority to waive claims
Hillyard v. Hillyard - general magistrate, time to object
GMRI v. Brautigan - arbitration

Second District Court of Appeal - St. Petersburg

Fernandez v. State - criminal record as evidence
Ortiz v. US Bank - foreclosure, vacatur efforts
Jackson v. State - postconviction relief
Sarasota v. Estate of Kaafi - Wrongful Death Act, proposals for settlement

Third District Court of Appeal - Miami

Universal v. Kattan - two-issue rule, timing protocol
Vento v. State - organized fraud, evidence
Fertil v. Univ of Mia - summary judgment, preservation
Rivera v. State - ineffective assistance
Gomez v. Tamiami Youth Basketball - failure to prosecute, notice
State v. Beach - amended information, speedy trial rule
Hollis v. State - stalking, evidence
Janik v. Adoption of MDJ - confidential adoption, disclosure of information
SB Ice Steak v. Sterling Bldg - oral modification of contract, rent
Burrell v. Burrell - temporary timesharing, insufficient record
Amigos Traffic Sch v. DHSVM - findings of fact, evidence
Taboada v. Duarte - enforceability of promissory note, judicial estoppel
Laurence v. State - prohibition, disqualification of judge

Fourth District Court of Appeal - West Palm Beach

Univ Prop & Caus v. Banziger - relief not requested, due process
Sheely v. State - closing argument, burden of proof
Moeller v. SW Fla Behavioral - mandamus, public records
Siegfried v. Avila-Cana - certiorari, NICA, stay

Fifth District Court of Appeal - Daytona Beach

Oltchick v. Parenti - sanctions, mistrial, attorney’s fees, due process
Waite v. State - rehearing; unlawful interception, oral communication
Cole v. State - corrected sentence
Jones v. State - Quarterman agreement, willfulness, preservation
Lawson v. State - Anders appeal, scrivener’s error
Streeter v. State - plea agreement, investigation costs
Brooks v. State - postconviction relief

Sixth District Court of Appeal - Lakeland

Lovett v. State - postconviction relief
Carmona v. Deutsche Bank - summary disposition
Hessert v. Hessert - appellate jurisdiction, nonfinal order


The provided links above may be available for a limited time only, as courts sometimes relocate opinions on their websites. Should that occur, please use the “written opinions archive” links provided below each court header to search for the opinion using the case name. The availability of opinions through these channels may vary and is subject to the discretion of the courts.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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