Florida Appeals Court Decisions: Week of September 2-6, 2024

Carlton Fields
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Carlton Fields

U.S. Eleventh Circuit Court of Appeals

USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing
Steines v. Westgate Palace - arbitration, Military Lending Act
USA v. Deleon - sentencing, physically restrained
USA v. Ostrander - child porn, constitutional challenge, evidence, misconduct
Hensley v. Westin Hotel - diversity jurisdiction, intervening party
Cambridge Christian v. FHSAA - sporting event prayer, Speech Clause, Free Exercise Clause

Florida Supreme Court - Tallahassee

In re R Reg Fla Bar - amended rules
In re Fla R Crim P - amended rule
In re Fla R Juv P - amended rule
In re Fla Prob R - amended rules

First District Court of Appeal - Tallahassee

Meyer v. U-Haul - arbitration
Trotman v. State - right to silence, harmless error
Trifecta Serv v. Najar - workers’ compensation
DDG v. State - juvenile court, findings

Second District Court of Appeal - St. Petersburg

Roman v. Sos - past medical damages, sufficient evidence
Hart v. State - probation revocation
Mattice v. State - sentencing
Buis v. Univ P&C - insurance, presuit notice, retroactive application of statute
Mollica v. State - sentencing

Third District Court of Appeal - Miami

Martinez-Urbina v. State - hearsay, preservation
Brown v. State - plea withdrawal
Gomez v. Citizens - summary judgment, preexisting damage
Gonzalez v. Universal - improper comments, preservation
Barnes v. State - ineffective assistance
Halegua v. Lerner - prejudgment interest, date of loss
Sanchez-Del Valle v. Dep’t of Agriculture - license revocation, evidence
Total Quality v. Trade Link - venue, forum selection clause
Figueroa v. State - prohibition, self-defense immunity, evidence
Toussaint v. State - concurrent sentences, jail credit
Citizens v. Walden - certiorari, presuit notice
Joseph v. Princess Marketing - venue, forum selection clause
Universal Handicraft v. Cohen - certiorari, irreparable harm

Fourth District Court of Appeal - West Palm Beach

Williams v. State - sentencing
Sosa v. State - fundamental error; verdict form; preservation
Walsh v. DCF - adoption placement, s. 63.082, retroactivity, appellate jurisdiction
Schulmann v. Schulmann - domestic violence injunction, involuntary dismissal
Perez v. State - restitution, sufficiency of evidence
FGAP Invest v. A1 Body and Glass - attorney’s fees, motor vehicle lien, discretion, transcript
Johnson v. Johnson - marital dissolution, temporary relief order
Radko v. Levi - child custody, change in circumstances, modification

Fifth District Court of Appeal - Daytona Beach

Bank of NY Mellon Trust v. Harvey - reverse mortgage, foreclosure, res judicata
Walker v. State - Anders appeal, scrivener’s error
State v. Coney - withhold adjudication, first-degree felony, § 775.08435(1)(a)
DRJ Atlantic v. Babadi - summary judgment, immunity, § 324.021(9)(c)3.a., appellate jurisdiction

Sixth District Court of Appeal - Lakeland

Knott v. Knott - marital equitable distribution, alimony
Golphin v. State - sentencing, monetary obligation
Regala v. McDonald - medical malpractice, discoverability of documents
Kinchla v. Ran Invs - damages, SOL, derivative claims
Shim v. Buechel-Pappas Trust - summary judgment evidence
Demski v. Loyd - preservation
Manancial Evangelical Church v. Sloan Family Holding - certiorari jurisdiction
KM v. DCF - summary disposition


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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