Florida Appeals Court Decisions: Week of September 30-October 4, 2024

Carlton Fields
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U.S. Eleventh Circuit Court of Appeals

USA v. Hill - evidence, theft, false claim
Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision
Johnson v. Terry - Bivens claims, rehearing granted
USA v. Lusk - enticement of minor, necessity of minor, sentencing
USA v. Read - sentencing, waiver
USA v. Hayden - sentencing
Rodriguez v. SSA - social security benefits, ALJ/appeals challenge, evidence

Florida Supreme Court - Tallahassee

In re Fla R Juv P - amended rules

First District Court of Appeal - Tallahassee

Apex Roofing v. USAA - insurance, AOB, § 627.7152
DOH v. Woliner - public records, costs, § 57.401
Franxman v. Franxman - prohibition, judicial disqualification

Second District Court of Appeal - St. Petersburg

Jones v. State - sentencing

Third District Court of Appeal - Miami

Freedman v. Garcia - homestead exemption, family unit
Incident365 v. Ocean Pointe V CA - contractor’s license, interpretation, concurrence
TM v. State - involuntary outpatient services, evidence
Alvarez v. Citizens - untimely voluntary dismissal, two-dismissal rule
Solivan v. State - BOLO, admissibility
Burr v. Ospino - attorney’s fees, vexatious litigation
Murphy v. Mia FL Home Sols - relief from judgment, notice of hearing
Myers v. Molla - insufficient record
Smith v. Horta - stalking, legitimate purpose
Pineiro v. Arano - insufficient record
Delgado v. Acosta-Renta - insufficient record
McLane Foodservice v. Wool - certiorari, deposition
Contreras v. Fernandez - appellate jurisdiction, order granting motion to dismiss
Jackson v. State - DNA testing
Watson v. State - order to show cause, pro se filings
Buysmart v. Chirinos - appellate jurisdiction, immediate possession of property
Brown v. State - order to show cause, pro se filings

Fourth District Court of Appeal - West Palm Beach

Sherrod v. StateFaretta inquiry; Stand Your Ground hearing
State v. Runcie – perjury; statewide grand jury; jurisdiction
LAD v. Eagle Trace – statute of limitations; breach of contract
McCaw v. State - lewd or lascivious molestation; principal theory, jury instructions
Frank v. Frank – marital dissolution; preservation; dependency tax exemption
Grand Harbor v. GH Vero – HOA; standing; breach of contract; statute of limitations
Eckert v. Strazzeri – premises liability; dangerous condition; knowledge
Rapid Surplus v. Ryan & Rick – foreclosure; surplus funds; priority
Woliner v. Wilmington Savings – foreclosure; mandamus; statement of evidence

Fifth District Court of Appeal - Daytona Beach

Braddock v. Port Orange - pension, forfeiture
Scott v. Young - probate, testamentary capacity
MN v. APD - eligibility for services

Sixth District Court of Appeal - Lakeland

Hutchins v. Est of Hutchins - no hearing, due process
Forrey v. Marlin Constr Grp - bad faith sanctions
Marcantonio v. Sansone - statute of limitations, fraud, conversion
Freeman v. State - 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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