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Florida Abandonment Law


In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC

Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)


This case involves a brutal stabbing murder on a Florida Department of
Corrections (DOC) transport bus. The two DOC officers responsible for
transporting the inmates testified that they did not see or hear anything out of the
ordinary during the drive from Jefferson Correctional Institution to the Northwest
Florida Reception Center (NFRC) in Washington County. Both officers t... More...
   $0 (04-22-2017 - FL)


Heyne was convicted for the 2006 murders of Sarah Buckoski, Benjamin
Hamilton, and five-year-old Ivory Hamilton. Heyne v. State, 88 So. 3d 113, 117
(Fla. 2012). He was sentenced to death for Ivory’s murder. Id. When affirming
the convictions and death sentence on direct appeal, this Court described the
background as follows:
On March 30, 2006, Sarah Buckoski returned t... More...
   $0 (04-07-2017 - FL)


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Hodges was convicted of first-degree murder and sentenced to death. On
appeal, we a... More...
   $0 (03-18-2017 - FL)


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On November 13, 2004, a jury found Wright guilty of two counts of first
degree murder, two counts of kidnapping, two counts of robbery, and one count of
carjacking. See Wright v. State, 19 So. 3d 277, 2... More...   $0 (03-18-2017 - FL)


King was sentenced to death for the 2008 murder of Denise Amber Lee.
King v. State, 89 So. 3d 209, 212 (Fla. 2012). This Court detailed the facts of the
murder and subsequent trial in King’s initial appeal:
[O]n January 17, 2008, at approximately 3:30 p.m., Nathan Lee returned to his home on Latour Avenue in North Port, Florida, to find his wife, Denise Amber Lee, missing. The do... More...
   $0 (01-27-2017 - FL)


On January 21, 1997, eighteen-year-old Anthony Strachan was at home in
his family’s apartment on 580 Northwest 64th Street in Miami, cutting a friend’s
hair. Strachan went into the kitchen and, through the kitchen window, saw one of
his neighbors, “Shorty,” standing outside on 64th Street with two unknown men.
One man, who wore a skull cap and a heavy brown coat that resemble... More...
   $0 (01-27-2017 - FL)

United States of America v. Baker

The government accused fifteen defendants of drug trafficking offenses in a seventeen-count indictment: Kenneth Williams, Efrain Casado, Leonard Brown, Lenard Brown, Susan Hall Gibson, Bernard Shaw, Marvin Baker, Malcolm Shaw, Ronald Raye, Wayne Baptiste, Michael Harper, Arthur Pless, Ben Johnson, Jonathon Hawthorne, and Charton Darces.1 Three defendants, Bernard Shaw, Ronald Raye, and Charlton Da... More...   $0 (01-02-2016 - FL)

USA v. Alan Robert Johnson

Defendant-Appellants Alan Robert Johnson and Jennifer A. Sparks’s day did
not start well for them. They left their cell phone at a Walmart store. But this
wasn’t just any cell phone; Johnson and Sparks’s phone stored hundreds of images
and videos of child pornography that they had made using Sparks’s friend’s four
year-old child—and Johnson was already a registered sex offende... More...
   $0 (12-26-2015 - FL)

United States v. Hyppolite

Sereme and Michael Hester had worked together selling narcotics in Oklahoma. Hester transported the drugs and served as a lookout for Sereme. In 2010, Sereme, his girlfriend, and Hester moved from Oklahoma to Fort Myers, Florida. They occupied an apartment in the Buddyville area of Fort Myers. Sereme, Hester, and Rick Jean sold crack cocaine from this Buddyville apartment. Sereme purchased powder ... More...   $0 (12-13-2015 - FL)

John Hardwick,Jr. v. Secretary, Florida Department Of Corrections

In Hardwick v. Crosby (Hardwick III), 320 F.3d 1127 (11th Cir. 2003), we
determined that Petitioner Hardwick was due an evidentiary hearing to determine
whether his attorney provided ineffective assistance of counsel under the Sixth
Amendment standard set out in Strickland v. Washington, 466 U.S. 668, 104 S. Ct.
2052, 80 L. Ed. 2d 674 (1984), during the penalty phase of his cap... More...
   $0 (09-20-2015 - FL)

John Gary Hardwick, Jr. v. Secretary, Florida Department of Corrections

In Hardwick v. Crosby (Hardwick III), 320 F.3d 1127 (11th Cir. 2003), we
determined that Petitioner Hardwick was due an evidentiary hearing to determine
whether his attorney provided ineffective assistance of counsel under the Sixth
Amendment standard set out in Strickland v. Washington, 466 U.S. 668, 104 S. Ct.
2052, 80 L. Ed. 2d 674 (1984), during the penalty phase of his capital... More...
   $0 (09-18-2015 - FL)

AutoNation, Inc. v. NLRB

Union activity was afoot at Libertyville Toyota late in the summer of 2011. When rumors to this effect reached it, Libertyville’s owner, a company called AutoNation, held a series of meetings with the affected staff. An employee surreptitiously recorded the last of these meetings, a lengthy affair conducted largely by two AutoNation
2 Nos. 14-2991, 14-3361
executives. Around the same ti... More...
   $0 (09-07-2015 - FL)


The underlying facts are taken from this Court’s opinion on direct appeal:
Gerhard Hojan was charged with armed robbery, armed kidnapping, attempted murder, and murder arising out of the events of Monday, March 11, 2002. The evidence presented at Hojan’s trial established that at approximately 4 a.m., Hojan and Jimmy Mickel entered the Waffle House where the victims, Barbara Nunn, Christina ... More...
   $0 (09-04-2015 - FL)

John Doe I v. City of Paul Bay, Florida

John Doe I filed a nine-count amended complaint against the City of Palm Bay
(“the City”) seeking a determination that Palm Bay City Ordinance 2005-76 (“the
Ordinance”) is unconstitutional. The Ordinance prohibits registered sexual predators and
registered sexual offenders from making deliveries to or performing work at any
residence, including the curtilage thereof, any designated... More...
   $0 (07-17-2015 - FL)

In Re: Michael Valone, etc.

This is an appeal from a district court order affirming a bankruptcy court’s disallowance of an exemption claimed by Michael and Kristie Valone in their Chapter 13 bankruptcy petition. The Chapter 13 trustee, Jon Waage, objected to their personal property exemption, arguing that, as homeowners filing under Chapter 13 of the Bankruptcy Code, the Valones were ineligible for the exemption. The bank... More...   $0 (04-29-2015 - FL)

Great American Insurance Company of New York v. 2000 Island Boulevard Condominium Association, Inc.

It has long been said in the courts of this state that “every litigant is entitled
to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis
v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has
abandoned his post as a neutral overseer of the dispute between the parties,
compelling us to grant Great American Insurance C... More...
   $0 (12-17-2014 - FL)

V.C.B. and E.G.B. v. Sultan Shakir

The maternal grandparents appeal the trial court’s order denying their petition to terminate the father’s parental rights and to adopt their grandchild. They argue that the trial court erred in interpreting section 63.089, Florida Statutes (2014) and Florida case law to require a finding that the father exhibited a willful disregard for the child’s safety prior to terminating the father’s ... More...   $0 (08-27-2014 - FL)

Fior A. Ramirez v. Reemployment Assistance Appeals Commission

Appellant, Fior A. Ramirez, appeals an order of appellee, the Reemployment Assistance Appeals Commission, denying her claim for reemployment compensation benefits. We reverse and remand, concluding that appellant is entitled to benefits. Appellant began working as a housekeeper for Remington Lodging & Hospitality, a hotel in Atlantic Beach, Florida, on October 29, 2009. As found by the appeals ref... More...   $0 (02-07-2014 - FL)

Home At Last Adoption Agency, Inc. v. V.M., Father

Home at Last Adoption Agency, Inc., (“the Adoption Agency”) appeals a final judgment dismissing its second amended petition to terminate the parental rights of Appellee, V.M., to his biological daughter. Because the trial court erroneously concluded that our prior opinion in this case precluded it from finding that Appellee had abandoned the child, we reverse.


The procedural an... More...
   $0 (11-14-2013 - FL)

J.E., Sr. v. Department of Children and Families

A father appeals the trial court's final judgment terminating his parental rights as to his child, J.V.E. On appeal, the father maintains that termination of his parental rights was not supported by the evidence in the record. We affirm, concluding that the termination of parental rights was supported by competent substantial evidence.

The Record Before the Trial Court

The trial cour... More...
   $0 (11-13-2013 - FL)

Nutec and Smooth Slide v. Dennis Doleshall

In this workers’ compensation case, Appellant, an uninsured employer,1
required by both section 35.22(3), Florida Statutes (2011), and Florida Rule of Appellate Procedure 9.180(b)(3). Thereafter, this court entered an order requiring Appellant to pay the filing fee within twenty days; Appellant did not respond to the order, nor did it pay the filing fee as was ordered. Ultimately this court ... More...
   $0 (09-20-2012 - FL)

Patricia Watterson v. Smallwoods, Inc.

We affirm the circuit court’s order granting final summary judgment in favor of the plaintiff’s former employer. See Allstate Ins. Co. v. Ginsberg, 863 So. 2d 156, 158-60 (Fla. 2003) (pleadings of unwelcome conduct including touching in a sexual manner do not state a cause of action for the Florida common law tort claim of invasion of privacy); Natson v. Eckerd Corp., 885 So. 2d 945, 948 (Fla.... More...   $0 (05-09-2012 - FL)

Jacquelyn N. Young v. Becker & Poliakoff, P.A.

This appeal stems from a suit against the law firm of Becker & Poliakoff for legal malpractice and breach of fiduciary duty. Jacquelyn Young appeals from the trial court’s order remitting the jury’s $4.5 million punitive damages award against Becker & Poliakoff to $2 million, or alternatively, granting a new trial on punitive damages. Becker & Poliakoff cross-appeals, contending that it was en... More...   $0 (12-21-2011 - FL)

Antonio Lule v. Marta I. Lule

Antonio Lule, the husband below, appeals the trial court’s final judgment of dissolution of marriage. The final judgment did not contain the requisite statutory findings for either the distribution of marital assets and liabilities or for the trial court’s award of alimony. Because of these errors and omissions this matter must be necessarily reversed and remanded.

The husband and wife ... More...
   $0 (05-11-2011 - FL)

Roberta Santini, M.D. v. Cleveland Clinic Florida

In this matter, we undo a series of egregious wrongs perpetrated upon the appellants, all of which were compounded by the assertion of frivolous defenses of numerous and patently erroneous trial court orders. Dr. Roberta Santini appeals an order enforcing a charging lien filed by her former attorney, Bartley C. Miller. She asserts that Miller forfeited his rights to compensation pursuant to a cont... More...   $0 (05-11-2011 - FL)

Evaristo Beltran v. Staurt R. Kalb

Appellants, Grisel Beltran (“Grisel”) and her father, Evaristo Beltran (“Evaristo”), appeal the trial court’s order denying their motion to set aside/vacate the sale of property to the appellee, Sunset Home Partners, Inc. (“Sunset Home”). Because the property was exempt from forced sale for the payment of creditor’s claims pursuant to Florida’s homestead law, Art. X, § 4(a), Fla... More...   $0 (03-16-2011 - FL)

William Hadden v. State Farm Fire & Casualty Company

This matter is before the court on appeal by William Hadden from an adverse summary judgment in favor of State Farm Fire & Casualty Company. State Farm raised as an affirmative defense the doctrine of judicial estoppel, and the trial court entered a summary judgment against Hadden based on that defense. Hadden asserts that this was error. We agree and reverse.

Hadden owned real property in ... More...
   $0 (06-04-2010 - FL)

Burger King Corporation v. E-Z Eating, 41 Corporation, et al.

This litigation involved the operation of several Burger King franchise restaurants in the New York area by Appellants Elizabeth and Luan Sadik and their corporate entities. The parties brought multiple claims and counterclaims against each other in three separate lawsuits. These cases were consolidated before Judge Cooke, who held numerous hearings before issuing two final summary judgments again... More...   $0 (06-30-2009 - FL)

Michael Goodall v. Whispering Woods Center, LLC

The issue in this case is whether Michael Goodall, as assignee of MKJH, LLC, stated a cause of action for reformation against Whispering Woods Center, L.L.C. We hold that Goodall stated a cause of action for reformation and reverse the trial court’s dismissal of Goodall’s claims for reformation and breach of contract as reformed. We affirm the trial court’s dismissal of the remaining claims ... More...   $0 (09-24-2008 - FL)

Technical Packaging, Inc. v. Richard Hanchett and Trenam, Kemker, Scharf, Barking, Frye, O'Neill & Mullis, P.A.

Technical Packaging, Inc. ("Technical Packaging" or "Technical"), sued its former attorney Richard Hanchett and Hanchett's firm, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. ("Trenam"; collectively, "Hanchett/Trenam"), for legal malpractice. The trial court granted Hanchett/Trenam's motion for summary judgment, ruling that Hanchett/Trenam had prevailed on its defense of abandonment... More...   $0 (09-26-2008 - FL)

Technical Packaging, Inc. v. Richard Hanchett, et al.

Technical Packaging, Inc. ("Technical Packaging" or "Technical"), sued its former attorney Richard Hanchett and Hanchett's firm, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. ("Trenam"; collectively, "Hanchett/Trenam"), for legal malpractice. The trial court granted Hanchett/Trenam's motion for summary judgment, ruling that Hanchett/Trenam had prevailed on its defense of abandon... More...   $0 (05-09-2008 - FL)

Roberta Fernandez-Fox v. Estate of David P. Lindsay, Deceased

Roberta Fernandez-Fox appeals a trial court order denying her petition for an extension of time to file an independent action against the estate of David P. Lindsay. Fox argues that the trial court erred in finding that a motion to strike was the same as an objection and, because the trial court's order was premised on this finding , reversal is required. We agree and reverse.

Fox a... More...   $0 (01-14-2008 - FL)

E & Produce Corporation v. Superior Garlic International Inc., et al.

E & A Produce Corporation ("E & A") appeals the award of attorney's fees to appellees Superior Garlic Int'l, Inc., Silfredo Trujillo, and Nilda Olmo (collectively, Superior Garlic). We conclude that Superior Garlic is entitled to attorney's fees. Thus, we affirm the attorney's fee award, as well as the amount of the award.

Superior Garlic, a small corporation owned and operated by Trujil... More...   $0 (12-10-2003 - FL)

E. Dan Wolf, D.M.V. v. James G. Barrie, P.A.

The circuit court entered a temporary injunction against E. Dan Wolf, restraining him from practicing veterinary ophthalmology in fifteen counties and from soliciting, contacting, or disclosing names of patients he had treated while working at James G. Barrie, P.A. We reverse the injunction.

In 1992, Wolf began practicing veterinary ophthalmology at The Animal Eye Clinic, a division of B... More...   $0 (09-30-2003 - FL)

Swire Pacific Holdings, Inc. v. Zurich Insurance Company

Swire Pacific Holdings ("Swire") is the owner and developer of a high-rise condominium building in Miami, Florida, while Zurich American Insurance Company ("Zurich") is the successor in interest to Zurich Insurance Company. See Swire Pacific Holdings, Inc. v. Zurich Ins. Co., 284 F.3d 1228, 1229 (11th Cir. 2002). The Court of Appeals for the Eleventh Circuit, in its opinion certifying three ... More...   $0 (04-10-2003 - FL)

Swire Pacific Holdings, Inc. v. Zurich Insurance Company

This diversity case involves an insurance coverage dispute between Swire Pacific Holdings, the owner and developer of a high-rise condominium in Florida, and Zurich American Insurance Company as successor in interest to Zurich Insurance Company, under a Builder's Risk Policy. Swire sued Zurich seeking to recover under the policy the costs it had incurred in correcting design defects in the condomi... More...   $0 (03-08-2002 - FL)

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