Florida Appeals Court Decisions: Week of October 14-18, 2024

Carlton Fields
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U.S. Eleventh Circuit Court of Appeals

Siples v. BR ExplorationDaubert, causation testimony, toxic exposure
Lozman v. Riviera Bch – eminent domain, comprehensive plan, ripeness
Hidroelectrica Santa Rita v. AIC – arbitration, vacatur
In re Grand Jury – appellate jurisdiction, grand jury subpoena, objections
GEICO v. Glassco – Fla Motor Vehicle Repair Act
Jimenez v. DHS – FOIA, visa revocation

Florida Supreme Court - Tallahassee

Fla Bar v. Alva – attorney discipline
Boatman v. State – capital case, direct appeal

First District Court of Appeal - Tallahassee

BAM Trading v. OFR – en banc, emergency suspension order, money services company
Robinson v. State – sentencing
State v. Oliff – nolle prosse, due process
Lavinder v. Bryson – alimony, contempt
Charo v. State – certiorari, appeal, summary affirmance
Enfinger v. State – mandamus, mootness
Rahaim v. Dixon – certiorari, appeal, summary affirmance

Second District Court of Appeal - St. Petersburg

State v. LC – search and seizure, show-up procedure
Santiago v. State – continuance, erroneous denial
State v. Harris – search and seizure, blood draw
Matos v. State – sentencing
Gibson v. US Bank – § 57.105, sanctions, fee award
Rouson v. DOR – child support
Burgos v. Vargas – UCCJEA, notice
Tampa v. Foottit – sovereign immunity

Third District Court of Appeal - Miami

McCartney v. State - speedy trial violation
Azin v. State - firearm, evidence, preservation, improper comments
Burnell v. State - right to confrontation, preservation
Advanced Design v. Zein - foreign judgment, vacatur, settlement agreement
Mantilla v. State - playback, absence of judge, waiver
AAA Cap Funding v. Desange - coverage, damages, evidence
Hernandez v. Heritage - summary judgment, continuance
Felder v. State - ineffective assistance, tape, jury instructions
Almeyda v. Almeyda - residency, evidence
State v. Harris - self-defense, evidence
People's Tr v. Hernandez - failure to mitigate, prejudice
McLane Foodservice v. Wool - punitive damages, amendment, dissent
Pinkney v. State - Richardson hearing, harmless error
Lopez v. Mel-Mont Med - promissory note, sua sponte summary judgment
Cruz v. Clyne - sanctions, dismissal, written findings
Merfe Constr v. Morales - attorney’s fees
Cruz v. Morales - relocation of child, evidence
Homeowners v. Albury - golden rule
Jacobs v. Jacobs - order granting motion to dismiss, appellate jurisdiction
Marathe v. Molina Healthcare- corrective payments, ripeness
PAJ Inv Grp v. El Lago NW 7th CA - dismissal, easements
Utile v. State - postconviction relief
SM v. DCF - certiorari, disposition, evidence
LoCascio v. State - habeas, barred claims
Bourlakova v. Landau - forum non conveniens, Kinney factors
Smith v. Rodriguez - stalking, legitimate purpose
Davis v. State - reasonable suspicion
Dunaj v. Worley - custody, child support, evidence
Perez v. State - postconviction relief
McNae v. Fitzgerald - personal jurisdiction, breach of contract
JC v. DCF - termination of parental rights, egregious abuse
Investcom Constr v. Plaza Del Prado CA - prohibition, dismissal, vacatur, invited error
Thomas-McDonald L Firm v. Silva - certiorari, protective order, witness
Smith v. City of Mia - second-tier certiorari, scope of review
McIntyre v. State - rehearing, habeas, waived issues
Booker v. State - postconviction relief
Milian v. State - habeas, ineffective assistance

Fourth District Court of Appeal - West Palm Beach

Aliff v. Weiss – additur; contract damages; invited error
Peterson v. State – prosecution cost; investigation cost
Danny’s Fuel v. Brinks – improper service; corporation; registered agent
Giacomaro v. Brossia – paternity; timesharing; speculative findings
Gabriel v. State – animal attack; Stand Your Ground; statutory construction

Fifth District Court of Appeal - Daytona Beach

Dwight v. Dwight - permanent periodic alimony, downward reduction
Heather v. Spencer - paternity, voluntary acknowledgement, fraud
Beres v. Relx - appellate jurisdiction; attorney’s fees, entitlement
Calvert v. Surrency - compel arbitration, standing

Sixth District Court of Appeal - Lakeland

Harris v. Gilzean - preservation, standing
Progressive v. Fla Hosp Ocala - policy and statutory construction
Jones v. State - postconviction relief
Gunsby v. Mackey - calculation of damages
Harrison v. NC3 Systems - personal jurisdiction
Chabla v. Streinikov - 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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