Florida Appeals Court Decisions Week of February 17 - 21, 2025

Carlton Fields
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Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Wilson v. Hearos - removal by nonparty, service of process, Ga law
USA v. Lemus - Maritime Drug Law Enforcement Act, constitutional challenges

Florida Supreme Court - Tallahassee

In re Fla R Crim P - amended rule
In re Fla R Juv P - amended forms

First District Court of Appeal - Tallahassee

McDonald v. State - double jeopardy
Girardin v. AN Ft Myers Imports - workers’ compensation
Cooper v. State - fundamental error
Gov DeSantis v. Fla Ctr for Gov Account - public records
Fowler v. Burnham - real property, restrictive covenant, injunction
Pace v. Dixon - trial court dismissal, notice, due process
Miller v. FCOR - criminal proceedings, fees and liens exemption
Roberson v. State - mandamus, duty to rule, mootness

Second Distric Court of Appeal - St. Petersburg

Knowles v. State - restitution beyond county court jurisdiction

Third District Court of Appeal - Miami

Alfaro v. State - harmless error, fundamental error
Thomas v. State - new counsel, arbitrary delay
Correa v. Tovar-Restrepo - trustee, standing
IMC v. Westchester Surplus - policy interpretation, business interruption
Clark v. State - probation violation, evidence
Schmidt v. Martinez-Lejarza - arbitration, evidentiary hearing
Castro v. State - verdict unanimity, alternative acts
Pacheco v. Acebo - rehearing, sexual harassment, exhaustion of administrative remedies
Bouchard v. Citizens - late notice, presumption of prejudice
City of Miami v. Marcos - striking of pleadings, evidence
Kymed v. Malek - arbitrability, partition
Buckley v. Rubino - dismissal, failure to amend
Thomas v. State - postconviction relief
Abdallah v. State - postconviction relief
Universal v. Medero - attorney’s fees, multiplier
Magana v. Machado - alimony, insufficient record, rehearing
Awad v. Doyle - insufficient record
Greenwood v. Greenwood - parental responsibility, modification, due process
Camille v. Miami-Dade Cnty - removal, appellate jurisdiction
Crockett v. SCG Atlas - settlement agreement, insufficient record
Newberry v. US Rd - summary affirmance
DCF v. KJ - certiorari, caregiver, party status
Hamad v. Sarsour - preliminary injunction, transfer of real property
Murphy v. Spinoso - certiorari, timeliness

Fourth District Court of Appeal - West Palm Beach

Reed v. Reed - marital dissolution, equitable distribution
Ripple v. CBS - on remand; wrongful death; surviving spouse
Bank of NY Mellon v. Lopez - foreclosure, standing, endorsements
Univ Prop & Casualty v. Brilus - insurance, repairs, damages, remittitur
Gordon v. Pinoargotty - eviction, attorney’s fees, calculation
Nunes v. Krup - marital dissolution, equitable distribution
Sublett v. State - burglary, dwelling, porch
Indian River Mem Hosp v. Anderson - medical malpractice, presuit

Fifth District Court of Appeal - Daytona Beach

Caggiano v. Duval Cnty Sch Bd - free speech, teacher, Facebook
Mneimne v. State - Anders appeal, fee
Polanco v. State - prosecution cost
Holifield v. State - Fourth Amendment, impoundment, inventory
Hood v. State - Anders appeal, costs
Desselles v. State - Anders appeal, costs
Hicks v. Dept of Corr - Spencer warning, pro se  

Sixth District Court of Appeal - Lakeland

State v. Washington - prosecutorial authority
Hamlin v. Shaughnessy Overland Express - dismissal for lack of prosecution
Avery v. State - sentencing


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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