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17 September 2018

Florida Appeals Court Decisions: Week Of September 10 - 14, 2018

Florida Appeals Court Decisions: Week of September 10 - 14, 2018
United States Litigation, Mediation & Arbitration

U.S. Eleventh Circuit Court of Appeals

Kondrat'yev v. Pensacola - 1st Amendment
Simmons v. Bradshaw - en banc
Glasscox v. City of Argo - § 1983, qualified immunity
Koeppel v. Valencia College - 1st Amendment, due process
Voketz v. City of Decatur - Voting Rights Act

Florida Supreme Court - Tallahassee

Gonzalez v. State - capital case, postconviction relief
Brown v. State - capital case, postconviction relief
In re Fla Std Jury Instr (Civ) - amended instruction, vicarious liability

First District Court of Appeal - Tallahassee

Winters v. State - postconviction relief
Williams v. State - judgment, correction
Grant v. State - criminal restitution
Bessellieu v. State - postconviction relief
Duke v. State - search and seizure
Masino v. Masino - marital dissolution, imputed income, alimony

Second District Court of Appeal - Lakeland

Albritton v. Barness - right to amend pleading; sua sponte sanctions
Bushnell v. Portfolio Recov - attorney's fees, contract right, account stated claim
Braine v. State - sentencing
Frederick v. Frederick - equitable distribution
Fernandez v. State - rule 3.801, sentencing, jail credit
MW v. DCF - dependency

Third District Court of Appeal - Miami

Amezcua v. Velasco - appellate jurisdiction, venue
La Ley Sports v. Homestead - conflicting conclusions, new trial
Chacon v. Philip Morris - Engle progeny, class membership
Pickett v. State - collateral crime evidence; false evidence; witness tampering
Alvarez v. All Star Boxing - unjust enrichment, damages calculation
Engstrom v. Engstrom - rule 12.540
Vartumyan v. Bean - appellate jurisdiction, child support modification
Rua-Torbizco v. State - postconviction relief
Williams v. State - postconviction relief
Rogers v. State - pro se sanctions

Fourth District Court of Appeal - West Palm Beach

Chamberlain v. State - discovery violation
Henry v. State - improper comments
Williams v. State - authorized police vehicle
Dorcely v. State - sentencing, adult
Sterling Villages v. Lacroze - prejudgment interest
Gindel v. Centex Homes - statute of repose; construction defect
Maio v. Clarke - dissolution, oral contract, attorney's fees
Marlin Yacht Mfg v. Nichols - settlement agreement, enforcement
Fry v. Fry - continuance
Stankos v. Amateur Athletic Union - arbitration
Matyjaszek v. Matyjaszek - passive appreciation
Branch-McKenzie v. Broward Sch Bd - hostile work environment
Stein v. Stein - interim attorney's fees
Jeanbart v. State - habeas corpus, ineffective assistance
Societe Hellin SA v. Valley Comm Capital - substitute service
United Auto Ins v. Riverside Med Assoc - amend, punitive damages

Fifth District Court of Appeal - Daytona Beach

Kinney v. Putnam Cty Canvassing Bd - election, recount
Rogers v. State - criminal, competency
Hart v. State - probation revocation
Viveiros v. State - oral pronouncement, written order

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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