Florida Appeals Court Decisions Week of May 5 - 9, 2025

Carlton Fields
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U.S. Eleventh Circuit Court of Appeals

Jones v. Ceinski - qualified immunity
Otto Candies v. Citigroup - RICO, fraud, conspiracy
Berrocal v. US Att’y Gen - standing, international treaty
Maglana v. Celebrity Cruises - Covid, stranded passengers, tort claims

Florida Supreme Court - Tallahassee

In re Judge Cohen - judicial discipline
In re Judge Adams - judicial discipline
Rogers v. State - capital case, postconviction relief

First Dstrict Court of Appeal - Tallahassee

EP v. DCF - dependency, mootness
Alexander v. N Fla Constr Builders - preservation of error, postjudgment relief
McMath v. State - voir dire, time limit, due process
Sapp v. Sims Crane - workers’ compensation
Green v. State - ineffective assistance
Johnson v. Johnson - real property, deed reformation
Stagg v. State - mandamus, duty to rule, mootness

Second Distric Court of Appeal - St. Petersburg

People’s Trust v. Abraham - insurance, roof repair, license
Karls v. State - relevant evidence, criminal defense
Nugent v. State - preservation of error, criminal plea
Berg v. Scurry - rule 1.525, timely fees motion

Third District Court of Appeal - Miami

Davide v. AD Cap Collections - garnishment, retirement account
Elysse v. State - informant, trial continuance, evidence authentication
First Baptist Church v. Mia Baptist Ass’n - discovery violations, sanctions
Garden State Holdings v. Shazbop - tax deed sale, ownership
Spartan Servs v. People’s Tr - exclusion endorsement, interpretation
Universal v. Chousleb - recall of witness
Kidwell Grp v. S Oak - assignment of benefits, validity
Walters v. State - postconviction relief
Global Com Roofing v. iCrete - venue, service of process
569 NW 54th St v. City of Mia - inverse condemnation, collateral action
Altman v. State - certiorari, disqualification of judge
Ford v. Princeton Groves - eviction, no hearing
Suarez v. Alexander - certiorari, discovery, nonparty expert, financial bias
Tang v. Citizens - ADR proceeding, appellate jurisdiction
Lloyd v. State - postconviction relief
Deel Realty v. O’Malley - certiorari, privilege log

Fourth District Court of Appeal - West Palm Beach

Antezana v. Kimley-Horn – class action, negligence, undertaker’s doctrine, dismissal
Barr v. MS Intl – complaint, right to amend, dismissal
Michelis v. Nugent – attorney’s fees, “fees for fees”; non-testifying expert fees; prejudgment interest
Bartels v. State – sexual battery, twelve-person jury request, preservation
Alfonso v. State – permanent alimony, amended statute, application, amount; attorney’s fees
Emory v. State – postconviction relief; potential alibi witnesses

Fifth District Court of Appeal - Daytona Beach

State v. Howard - suppression, traffic stop, DUI
Birch v. State - ineffective assistance, trial
Sanders v. Sanders - temporary injunction, evidence
Fullmer v. State - Spencer warning, pro se

Sixth District Court of Appeal - Lakeland

State v. Trevino - right to prosecute, dismissal of charges


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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