Florida Appeals Court Decisions: Week of August 26-30, 2024

Carlton Fields
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U.S. Eleventh Circuit Court of Appeals

USA v. Schwarzbaum - IRS, penalties
ECB v. Chubb - insurance, policy interpretation, financial institution
Boyd v. DOC - postconviction relief
Eknes-Tucker v. Ala Gov - en banc denial
Bay Point Cap v. Thomas Switch Hldg - bankruptcy, bitcoin mining property, valuation
Jacobs v. JP Morgan Chase - False Claims Act, disclosure bar

Florida Supreme Court - Tallahassee

Foster v. State - capital case, postconviction relief
In re Fla R GP&JA - amended rules
In re R Reg Fla Bar - amended rules
In re R Reg Fla Bar - more amended rules
In re Fla R Civ P - amended form
In re Fla R Crim P - amended rule

First District Court of Appeal - Tallahassee

Addison v. State - sentencing
Eglin Fed CU v. Baird - arbitration
McNally v. Dove Inv - mootness, bankruptcy discharge
Perry v. State - ineffective assistance of appellate counsel
Brooks v. Dixon - habeas corpus

Second District Court of Appeal - St. Petersburg

No decisions this week

Third District Court of Appeal - Miami

Gonzalez v. State - probation revocation, written findings
Barnes v. State - collateral crimes evidence, admissibility
Wimblery v. State - postconviction relief
Citizens v. Prol - default, due diligence
Opa-Locka v. Universal Waste Servs - inconsistent jury verdict, preservation
Pawley v.  First Nat’l Bank - probate, venue, service, appellate jurisdiction
Toussaint v. Toussaint - marital home, equitable distribution
First Class Parking Sys v. Bykov - small claims rules, trial
Fojon v. Ascendant  - coverage, policy defense, waiver
Gutierrez v. Gutierrez - dissolution of marriage, transfer of assets, joinder of party
Sanchez v. Sanchez - contempt, confession of error, preservation
Sorhegui v. Park E HOA - intra-circuit transfer, disqualification of judge
Gratz v. 1750 James CA - derivative action, reasonable investigation, evidence
State v. Vinokurov - evidence suppression, motorboat stop, plain view
Wright v. State - habeas corpus, ineffective assistance
Wilson v. State - habeas corpus, barred issues

Fourth District Court of Appeal - West Palm Beach

Shernoff v. Shernoff - dissolution, contempt
Padilla v. Capital One - quash service, hearing attendance

Fifth District Court of Appeal - Daytona Beach

Richardson v. State - peremptory challenges, preservation of error
Carroll v. State - Anders appeal, fine, surcharge
Booker v. State - probation revocation, violent offender, § 948.06(8)(e)
Callari v. Citizens Prop Ins - confession of error
Claudio v. State - Spencer warning, pro se

Sixth District Court of Appeal - Lakeland

White v. State - revocation of probation
Klick v. State - sentencing, finding of dangerousness
Armstrong v. State - pretrial detention


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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