ARTICLE
9 October 2018

Florida Appeals Court Decisions: Week of October 1 - 5, 2018

Florida Appeals Court Decisions: Week of October 1 - 5, 2018
United States Litigation, Mediation & Arbitration
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U.S. Eleventh Circuit Court of Appeals

Estate of Cummings v. Davenport - qualified immunity, interlocutory appeal
In re Teltronics - bankruptcy
Yarbrough v. Decatur Housing Auth - § 1983, HCDA
Muransky v. Godiva Chocolatier - FACTA, class settlement
Ovalles v. US - firearms, vagueness, en banc

Florida Supreme Court - Tallahassee

Allen v. Nunez - proposals for settlement, rule 1.442
Jennings v. State - capital case, postconviction relief
Villasol CDD v. TC 12 - dismissed, improvidently granted
Fla Bar Adv Op - unlicensed practice of law
Miller v. State - sentencing
In re Fla R Crim Pro - amended rules
Anderson v. State - capital case, postconviction relief
Zack v. State - capital case, postconviction relief
In re Fla Std Jury Instr (Crim) - amended instructions
Jimenez v. State - capital case, postconviction relief

First District Court of Appeal - Tallahassee

Howard v. State - severance
State v. Green - trial court jurisdiction, deceased defendant
Williams v. State - certiorari, competency
DHSMV v. Kamau - mandate enforcement
Oats v. State - competency
Mardosas v. State - search and seizure
LaLa v. FCOR - certiorari, right to file reply
Elmer v. State - pro se sanctions
Rivers v. Brite Houses - appellate jurisdiction
Christy v. State - prohibition, speedy trial

Second District Court of Appeal - Lakeland

FL - 7 v. SWF - real estate commission, unpled theory
State Farm v. Lyde - uninsured motorist coverage
Hunt v. State - drug trafficking

Third District Court of Appeal - Miami

Atlantic Civil v. Swift - proposal for settlement
Parks v. State - sentencing
McGlocklin v. State - pro se sanctions
UT v. State - indirect contempt, home detention
FNMA v. JKM Serv - intervention, receivership, condominiums
WT v. State - officer, execution of legal duty
Robinson v. Safepoint Ins - fraud on the court
KN v. State - competency, juvenile
Billot Pigna v. Messianu - probate, appealable order
Ocean Bank v. Gato - foreclosure sale, delay
WD 19790 v. Trust - premature appeal
MK v. DCF - certiorari; shelter order

Fourth District Court of Appeal - West Palm Beach

Pogue v. Garib - additur; permanent injury
Green v. State - sentencing; mental health
Darden v. Ostanne - arbitration; employment

Fifth District Court of Appeal - Daytona Beach

Nix v. FNMA - foreclosure, paragraph 22
Lazzaro v. State - closing argument, bolstering
Ruffenach v. Ocwen Loan - mandamus, order striking jury demand

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