Florida Appeals Court Decisions: Week of August 19-23, 2024

Carlton Fields
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Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Ritchie v. USA - postconviction relief
Taxinet v. Leon - hearsay, speculative damages

Florida Supreme Court - Tallahassee

Cole v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee

Caranna v. Glass - exhaustion, administrative remedies
McBride v. State - sexual battery, evidence
Lewis v. State - sentencing, appellate jurisdiction
Evans v. State - plea colloquy
Colby v. Zicarelli - landlord-tenant, court registry payments, default
Harvill v. State - double jeopardy
Clay v. Clay - appellate jurisdiction
Lyons v. State - appellate jurisdiction
Lavinder v. Bryson - post-dissolution, accounting, contempt, alimony
Day v. Stewart - belated appeal, civil case
Dupree v. State - belated appeal, ineffective assistance

Second District Court of Appeal - St. Petersburg

Marlow v. Shellpoint Mort Serv - foreclosure, rule 1.540, timeliness
Campbell v. Jara - child support, timesharing
Progressive Select v. Hilchey - insurance, confession of judgment, mootness, jurisdiction
GEICO v. Shazam - insurance, windshield litigation
Fernandez v. Kivimaki - post-dissolution, alimony, fees
EC v. DCF - attorney sanctions
Hillsborough v. Sch Bd of Hillsborough - elections, mandamus

Third District Court of Appeal - Miami

Rubio v. State - testimony, hearsay
Martinez v. State - hot pursuit, testimony, fundamental error
Lezcano v. State - photographic evidence, admission
Gershenbaum v. Wind CA - negligence, standing
Indoor Env’t Restoration v. Citizens - dismissal, assignment of benefits
Kain v. State - right to jury trial, six-member jury
Hall v. Myara - estoppel, criminal action
Poinciana W 1A CA v. Aspen Specialty - appraisal demand, ripeness
Spradley v. Edgecomb - due process, restricted library access
Mitchell v. State - ineffective assistance
Rodriguez v. Rodriguez - default, parental responsibility, child support
Chavez v. DOR - child support, evidence, hearing
GMX v. MDX - certiorari, discovery
Sutton v. Wilmington Tr - certiorari, foreclosure, authorized motion
Benyamin v. 450 N River Dr - appellate jurisdiction, personal jurisdiction determination
Universal v. Betancourt - prohibition, disqualification of judge
Yeyille v. Fla Bar - summary affirmance

Fourth District Court of Appeal - West Palm Beach

Univ Prop v. Cortez - insurance, summary judgment, standing
Schroer v. Crumdale - contract, summary judgment, novation
7635 Mandarin Dr v. Lloyd’s - insurance, appraisal, attorney’s fees
Rock v. State - § 790.23, felon, “possession” of firearm, sentencing

Fifth District Court of Appeal - Daytona Beach

Crittenden v. Tumlin - expert witness, surveyor, harmless error
Brock v. State - probation revocation
Passafume v. Shifa Healthcare - insufficient service of process, waiver
Grapski v. City of Altamonte - dismissal, appellate jurisdiction
Elvy v. State - cost of prosecution  
Alston v. State - probation revocation, sentence
Turner v. Shah - certiorari, preservation

Sixth District Court of Appeal - Lakeland

Julia v. Ramos-Baez - attorneys’ fees, preservation
CC v. Dept of Rev - establishment of paternity
State v. Crume - suppression of evidence


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.

© Carlton Fields

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