Florida Appeals Court Decisions Week of February 24 - 28, 2025

Carlton Fields
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U.S. Eleventh Circuit Court of Appeals

USA v. Charles - sentencing
Miller v. Ramirez - qualified immunity, deferring ruling
Chapman v. Dunn - prison conditions, Eighth Amendment
USA v. Horn - securities fraud, mail/wire fraud, evidence, sentencing

Florida Supreme Court - Tallahassee

Fla Bar v. v. Farah - attorney discipline, Engle progeny
In re Fla Prob R - amended rules

First District Court of Appeal - Tallahassee

Ninja Academy v. FDACS - administrative review, appellate jurisdiction
Ash v. State - Sixth Amendment, right to counsel
Underhill v. Ethics Comm’n - ethics violations, review
Portee-Jones v. Portee - contempt
Swenson v. Wal-mart - fraud on the court
Tanksley v. State - restitution
McElwain v. State - mandamus, sentencing records
Kendrix v. Kulp - personal jurisdiction
Hill v. State - sentencing
Vo v. Scottsdale - insurance, § 624.1551, retroactive application
Global Hookah v. DBPR - tobacco products, taxable tobacco
Williams v. DOC - mandamus, personal property return
APD v. Toal - Whistleblower’s Act, noneconomic damages, sovereign immunity
McDonald v. State - ineffective assistance, appellate counsel

Second Distric Court of Appeal - St. Petersburg

No decisions this week.

Third District Court of Appeal - Miami

RJ Reynolds v. Dubins - hearsay exceptions
Hatcher v. State - probation violation, presentence investigation
Anytime Restoration v. Citizens - policy interpretation, dwelling
Martinez v. City of Miami - preservation, rehearing
Torres v. State - probation revocation, evidence
Citizens v. Avila - directed verdict, jury instructions, invited error
Ortega v. JW Marriott - premises liability, dangerous condition, expert testimony
Jacobs v. Jacobs - clarification, order granting motion to dismiss, appellate jurisdiction
Smith v. Miami-Dade Cnty Sch Bd - demotion, due process, evidence
Music Royalty v. Am Soc’y of Composers - declaratory judgment claim, accrual, notice
State v. Piedrahita - sentence modification, timeliness
Aguirre v. Andrukiebich - child support, guidelines
Pesantes v. Kelley - attorney’s fees, contract interpretation
Moncada v. Best One- attorney’s fees, evidence
Bouquet v. Jones - contempt, evidence, insufficient record
Phara v. Robert - child support, financial disclosure
Bois v. State  - illegal sentence, presentence investigation
Galvez v. CIT Bank - order granting motion to dismiss, appellate jurisdiction
Lake Worth v. KA Masonry - forum selection, non-signatory
Sala v. Wood - timesharing, modification, evidence
Moss & Assoc’s v. Peterson - certiorari, stay, presuit notice
High Rd Constr v. Peegz I - certiorari, lis pendens, court deposit
BD v. DCF - prohibition, disqualification of judge, ex parte communication

Fourth District Court of Appeal - West Palm Beach

Pescatore v. Fernandez - preservation, timely objection
Tesla v. Banner - punitive damages, products liability
Good Air v. Litecrete - FDUTPA, fraud
State v. Saravia - probable cause, DUI
Thomas v. State - statistical analysis
Roberson v. Pompano - discrimination, summary judgment
Johnson v. State - post conviction relief

Fifth District Court of Appeal - Daytona Beach

Fucci v. State - Anders appeal, public defender application fee
Black v. State - withdraw plea, consecutive sentences
Carnley v. State - DUI manslaughter, competency, cost of prosecution
Settle v. State - Anders appeal, cost  
Canada v. State - Anders appeal, probation revocation, written order
Hurta v. State - Anders appeal, probation revocation, costs
Guardian ad Litem v. DCF - certiorari; minor, modify placement  

Sixth District Court of Appeal - Lakeland

Thomas v. State - sentencing
McDermott v. State - postconviction relief


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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