Florida Appeals Court Decisions: Week of November 4-8, 2024

Carlton Fields
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Carlton Fields

U.S. Eleventh Circuit Court of Appeals

Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination
Project Veritas v. CNN - defamation, Twitter deplatform
USA v. Maisonet - sentencing  
Swinford v. Santos - § 1983, excessive force, qualified immunity, video at pleading stage

Florida Supreme Court - Tallahassee

Mitchell v. Race - certified conflict jurisdiction, no clear conflict
In re Fla R GP & JA - amended rule, court reporters
In re Fla Prob R - amended rule, oath of personal representative

First District Court of Appeal - Tallahassee

N Broward Hosp Dist v. AHCA - audits, emergency services, undocumented immigrants
Richardson v. State -  competency
Richardson v. State - rule 3.800(b)(2)
Miami Donuts v. Villarreal - workers’ compensation
AFSCME v. PERC - mootness
Baity v. State - habeas corpus, pro se sanctions
ACC v. FSU - certiorari, stay, college sports

Second District Court of Appeal - St. Petersburg

Rivera v. State - resisting officer, justifiable stop, search and seizure
Bessey v. CILB - contractor license, suspension, recovery fund
Mota v. USAA - settlement, enforcement, proposed release

Third District Court of Appeal - Miami

Acosta v. State - robbery, murder, firearm, evidence, character evidence
Ospina-Shone v. Shone - divorce, attorney’s fees, evidence
Richards v. State - jury, assault, evidence, closing
TIJ v. State - resisting without violence, investigatory stop, evidence
State v. Vinokurov - rehearing, evidence suppression, motorboat stop, plain view
Swerdlow v. Royal Oaks Lane - foreclosure, deficiency judgment, amendment to pleading
Midland Credit Mgmt v. Maitland - no service, dismissal with prejudice, hearing
SUR v. Fondo de Inversión Stella - non-joinder of party, preservation
Aday v. Universal - appellate jurisdiction, denial of rehearing
Rigg v. Bank of Am - no service, dismissal without prejudice, tipsy coachman
Phil Harris Constr v.  Action Rentals Holdings - breach of contract, insufficient record
Abramov v. NextGear Cap - garnishment, exemption, joint account
Tews v. Trade Music Int’l - possession, no rent

Fourth District Court of Appeal - West Palm Beach

Safeco v. Heikka - third-party bad faith, disqualification
Gilbert v. State - sentencing, judicial notice
Coniglio v. State - downward departure
Kajaine Capital v. Abouzeid - breach of fiduciary duty, damages
O’Brien v. O’Brien - alimony, modification
Navy Fed Credit Union v. Veros Credit - garnishment, jurisdiction
Palm Beach v. Fla. PACE - home venue privilege
Gallagher v. State - pro se, discovery deposition

Fifth District Court of Appeal - Daytona Beach

Lutgens v. State - restitution order, notice of appeal, jurisdiction
La Fiduciaria v. Portuguez - personal jurisdiction, declaration
Smith v. Universal Prop - certified conflict; pre-suit notice, § 627.70152
Ashford v. State - sentencing
Zaidman v. State - Anders appeal, scrivener’s error
Leggett v. State - marijuana odor, investigatory detention, exclusionary rule

Sixth District Court of Appeal - Lakeland

Petro Welt Trading v. Brinkmann - due process, arguments never raised
Creative Hardscapes v. Prawzik - attorneys’ fees, nature of dismissal
Andrillon v. State - sentencing
Henry v. Henry - summary adjudication
Lott v. Reemployment Assistance - summary adjudication


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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