Florida Appeals Court Decisions Week of July 21 - 25, 2025

Carlton Fields
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Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Am  Sec Ass’n v. SEC - APA, rule challenge
Weinstein v. 440 Corp - Rule 41(a), dismissal
Sedona Partners v. Able Moving - False Claims Act, amended complaint, disregarding allegations
USA v. Kennedy - evidence, texts, expert testimony, sentencing
MONY Life v. Perez - insurance, unjust enrichment
Central Baptist v. Church Mutual Ins - insurance, misrepresentation
Jimenez v. Att’y Gen - Civil Rights Act, Rehab Act

Florida Supreme Court - Tallahassee

Zakrzewski v. State - capital case, postconviction relief

First Dstrict Court of Appeal - Tallahassee

Whitlow v. Tally Mem’l - negligence, knowledge of danger
Anderson v. Sch Bd of Escambia - wrongful death, presuit notice
Gartman v. So Tactical Range - nuisance, shooting range, Access to Courts challenge
Moon v. Philip Morris - tobacco claims, pleadings
Waters v. Peters - appellate jurisdiction, order granting motion to dismiss
Escambia v. Palmetto Surety - bond discharge
Aldridge v. Jayyous Prop - mortgage, loan, guaranty, breach
Wallace v. State - ineffective assistance, appellate counsel

Second Distric Court of Appeal - St. Petersburg

Thompson v. State - drugs, constructive possession
Mullarkey v. Tiraco - child support
GAL v. VC - certiorari, timeliness
Hills Clerk v. Manhattan Palms - sovereign immunity, clerk of court, certified conflict

Third District Court of Appeal - Miami

Gomez v. CVPort - promissory note, enforcement 
Whipple v. State - special jury instruction, admissibility of evidence 
Jaime v. State - conviction, evidence 
Miller v. State - organized fraud, evidence 
Brock v. State - reasonable suspicion, evidence
Gorla v. Vig - timesharing, evidence 
New Face v. Vargas - settlement, mootness 
Ervin v. Alvarez - medical malpractice, statute of limitations
Almagro v. Sch Bd of Miami-Dade Cnty - grandfathered salary schedule, standing 
Coloplast v. MSP Recovery - personal jurisdiction
Oliver v. State - preservation, fundamental error 
Broughton v. State - ineffective assistance of counsel
Guerra v. Parc Lofts - intervention, insufficient record 
Pace v. State - rehearing, sentence 
Dumond v. State - habeas, ineffective assistance of appellate counsel
Aabbott v. Kligman - time-sharing, evidence 
Lopez v. Fernandez - insufficient record 
Lopez v. State - habitual violent felony offender, sentence 
Alvarez v. State - life imprisonment, constitutionality 
Comer v. State - habeas, detention, commissioner
Brown v. State - habeas, postconviction relief

Fourth District Court of Appeal - West Palm Beach

Wallace v. Wallace - dissolution, findings
Aviation Performance v. Hinshaw - legal malpractice, settlement
Alexander v. State - statutory definition, jury instruction
Macana Investments v. Longridge Fin - foreclosure sale
Harris v. State - self-defense
You Restoration v. First Protective - insurance, late notice
Wynn v. Huffman - summary proceedings
Lawson v. State - prohibited substance, fundamental error
Book v. Sharief - punitive damages, findings
Cowans v. Maximus Education - credit reporting

Fifth District Court of Appeal - Daytona Beach

Wilkerson v. State - habitual felony offender, harmless error
Townsend v. State - Anders appeal, cost of investigation, sentencing enhancement
Berrios v. State - Anders appeal, prosecution costs
Mathis v. State - plea withdrawal, conflict-free counsel

Sixth District Court of Appeal - Lakeland

Griffin v. Pearson - standing in probate
Melrose Ventures v. Uptempo Mktg - preservation, new argument on rehearing
Major v. State - retroactivity of procedural law
Caldwell v. State - summary disposition
JJL v. DCF - belated appeal, parental rights


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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