Florida Appeals Court Decisions Week of July 28 - August 1, 2025

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U.S. Eleventh Circuit Court of Appeals

Pop v. LuliFama.com - class action, FDUTPA, influencers
Perfection Bakeries v. Retail Wholesale - pension fund, withdrawal liability
Bayse v. Philbin - qualified immunity, § 1983
Fulton v. Fulton Bd of Commr’s - takings
USA v. Kluge
Regueiro v. Am Airlines - Helms-Burton Act
Mignott v. Ga Bar Foundation - class action, discriminatory prosecution, § 1983
Glynn Environ Coalition v. Sea Island - Clean Water Act, federal jurisdiction, waiver

Florida Supreme Court - Tallahassee

No decisions this week

First Dstrict Court of Appeal - Tallahassee

Clakley v. State - sentencing
Guglielmo v. DOC - workers’ compensation
Leavitt Rec v. Fla Caverns - obtaining insurance coverage
Hanniford v. USAA - excusable neglect
Carr v. DOH - nursing license, administrative challenge, extension of time
DOC v. Campbell - sovereign immunity, inmate suit
Tucker v. State - competency, right to testify
Garmany v. State - probation violation

Second Distric Court of Appeal - St. Petersburg

Higgins v. State - jail credit

Third District Court of Appeal - Miami

Vega v. Citizens - settlement, case jurisdiction
Grantley v. State - postconviction relief, pro se filings
Perez v. State - attempted second-degree murder, evidence
Conley v. Gordon - preservation, insufficient record
Marin-Igarza v. Am Sales - dismissal, lack of prosecution
Dawkins v. State - postconviction relief
McClenney v. State - habeas, successive petition
Samuel v. Hamptons W CA - attorney’s fees, continuance
RJ Reynolds v. Rey - jury instructions, Engle findings, fraud claims
State v. Zulaga - driving without license, sua sponte dismissal
Shiflet v. State - habeas, gain time, jurisdiction
Nathanials v. State - postconviction relief
Walls v. State - restitution, evidence
Castillo v. Valbonesi - dismissal, lack of prosecution
Yahya Trading v. Mohamed - venue, forum selection clause
Surf Consultants v. Sanchez - service of process, waiver, dismissal
Weaver v. State - postconviction relief
Johnson v. State - parole, no right
Hernandez v. State - credit on fine and costs, no entitlement
Mijares v. Sanchez - appellate jurisdiction, no appealable order
City of Mia v. Gonzalez - ordinance, municipal elections, constitutionality

Fourth District Court of Appeal - West Palm Beach

Avila v. State - probation, supervision cost
McPherson v. Samuel - appellate costs, entitlement, certified conflict
Mosia v. Foglia - default judgment, unliquidated damages
Bergman v. Bergman - marital dissolution, contempt, attorney’s fees
Haven House No. 4 v. Sagaro - arbitration, scope
US Bank v. Diamond - foreclosure, rehearing, appellate jurisdiction
Delta v. Iuliano - prohibition, federal preemption, airline refund
LCS Presidential v. Davis - arbitration, assisted living, decedent
City of WPB v. Harrell - arbitration, conditions precedent
DeCosta v. State - sentencing
King’s Academy v. Caliendo - arbitration, failure to raise, waiver

Fifth District Court of Appeal - Daytona Beach

Hunter v. State - speedy trial, Interstate Agreement on Detainers
Pickard v. State - probation revocation; sentence, vindictive
Navarro v. State - murder, competency, sentence
Vining v. State - manslaughter, firearm; concealed weapon; sentence
US Bank v. Estate of Zayas - foreclosure, post-judgment orders, jurisdiction
Thompson v. American Express - default, liquidated damages
DCF v. KW - corrected opinion; dependency

Sixth District Court of Appeal - Lakeland

16205 Captiva Drive v. Levinson - construction of easement agreement, apparent authority
Brugal v. City of Naples - four-corners rule, exhaustion of administrative remedies
Jones v. FDC - venue for writ of mandamus
The Acad of Ability v. McCloud - abandonment of argument
Burgess v. Fed Nat Mortg Ass'n - 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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