Appellant h a s moved for rehearing, rehearing e n banc, and certification of conflict. We deny the motion for rehearing and rehearing en banc, but grant the motion for certification of conflict. We withdraw our prior opinion and substitute the following opinion in its place. Ivana Vidovic Mlinar appeals a final order dismissing all of her claims against UPS o n th e ground that the claims were pr... More...   $0 (12-04-2013 - FL)

The father of a child sexually assaulted while in foster care sued the Florida Department of Children & Families, Camelot Community Care, Camelot Community Care and Girls and Boys Town of South Florida on negligence theories claiming that the defendants failed to protect his child another child with a history to violence and sexually aggressive behavior. Plaintiff claimed that he warned the defend... More...   $100000 (10-26-2013 - FL)

Jane Doe sued Louis Augustin, age 33, and Silva Bank, Inc. on a respondeat superior and civil sexual assault and battery theories claiming that his penis came into contact with her while he was creating a tattoo on her back and that the ejaculated on her in 2010.

Augustin pleaded guilty to sexual battery.... More...   $500000 (09-22-2013 - FL)

State of Florida charged Randal Ratledge, age 56, with six courts of aggravated assault in conjunction with an incident in which he shot a gun in the direction of neighbors and friends near his home.

_______________________________

784.021 Aggravated assault.—

(1) An “aggravated assault� is an assault:

(a) With a deadly weapon without intent to kill;... More...   $0 (08-23-2013 - FL)

The underlying question in this case is whether the forum non conveniens doctrine was erroneously applied to force a United States citizen to litigate her negligence action in Mexico, when her lawsuit was filed against a corporation with its primary place of business in Florida and where the allegations of the complaint relate to an incident that took place in Mexico but center on conduct occurrin... More...   $0 (06-20-2013 - FL)

Darius Polite petitions this Court to review the decision of the Fifth District Court of Appeal in Polite v. State, 41 So. 3d 935 (Fla. 5th DCA 2010), which expressly and directly conflicts with decisions of the Second and Fourth District Courts of Appeal regarding the requirements for the admission of a record or memorandum of past recollection recorded under section 90.803(5), Florida Statutes (... More...   $0 (06-06-2013 - FL)

William Van Poyck, a prisoner under sentence of death and under an active death warrant, appeals from an order dismissing his third successive motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.851 and

- 2 -

summarily denying his motion to vacate his sentence of death or, in the alternative, motion for an evidentiary hearing. Van Poyck also petition... More...   $0 (06-06-2013 - FL)

The State of Florida charged Willie Barney with attempted first degree murder and robbery for shooting an off-duty Miami-Dade County Police detective, Wislyn Joseph.

Title XLVI Florida Statutes 782.04 provides:

(1)(a) The unlawful killing of a human being:
1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
2. ... More...   $0 (05-24-2013 - FL)

Based upon a DNA match in 2008, the state prosecuted appellant for an armed sexual battery and armed burglary which occurred in 1996. The statute of limitations barred the burglary conviction, but appellant was convicted of armed sexual battery. Appellant claims that the trial court erred in refusing to allow him to waive his statute of limitations defense as to the lesser-included offenses for ar... More...   $0 (05-08-2013 - FL)

A jury convicted Gary Stanley of several lewd and lascivious crimes and of kidnapping. Of the several issues Stanley raises on appeal, we affirm on all but one— his claim that the evidence was insufficient to support his kidnapping conviction. We

-2-

reverse that conviction and the sentence imposed. We remand to the circuit court with instructions to enter a conviction on the lesse... More...   $0 (05-08-2013 - FL)

Appellant appeals his convictions and sentences for armed burglary with assault or battery (Count I), and armed burglary (Count II), stemming from a single entry into a dwelling with multiple occupants. The State properly concedes that

2

Appellant’s conviction for Count II, armed burglary, must be vacated, as this conviction constitutes a double jeopardy violation. See Gorham v. St... More...   $0 (05-06-2013 - FL)

James Alivie Harris (“Appellant�) appeals his convictions for felony battery and battery, arguing that they violate double jeopardy. We agree, and reverse the battery conviction.

2

The State originally charged Appellant with felony battery and domestic battery by strangulation. Count I, charging felony battery, alleged that Appellant

did unlawfully commit battery upon LESL... More...   $0 (03-28-2013 - FL)

Marlenis Smart sued City of Miami Beach, Florida on a hostile work environment theory under 42 U.S.C. 2000 (Title VII of the Civil Rights Act of 1964) claiming that she was sexually harassed at work as a fire fighter.

Defendant denied wrongdoing.

The EEOC has published the following guidelines for employers relating to sexual harassment:

1. SUBJECT: Policy Guidance on ... More...   $0 (03-29-2013 - FL)

The United States of America charged Homer Helter, age 68, and James Kassel, age 61, with illegally selling guns with a license and conspiring to deal firearms without a license. Helter owns and operated Homer Helter's Antique & Military Mall in Naples, Florida.

The Defendant claimed that they were selling guns from their personal collections and did so infrequently, which is legal withou... More...   $0 (03-30-2013 - FL)

Daniel O. Conahan, Jr., appeals an order of the circuit court denying his motion filed under Florida Rule of Criminal Procedure 3.851 and petitions this

- 2 -

Court for a writ of habeas corpus.


I. BACKGROUND For the reasons that follow, we affirm the denial of his postconviction motion and deny his habeas petition.

Conahan was convicted of the 1996 first-de... More...   $0 (03-21-2013 - FL)

A gathering of people near th e entrance of a trailer o ccupied by Matthew Feill turned violent. Among those present were Angel Santos, the victim herein, and Kenneth Ched Bouie, the appellant. Duri ng the argument, appellant waved a large “stickâ€� in a circle and said to Santos, “I’m a bury you.â€� Appellant withdrew a sword from what had appeared to be the stick and hit S antos, cutting ... More...   $0 (03-01-2013 - FL)

Abel Miranda appeals his convictions and sentences for second-degree murder with a firearm and burglary with assault. He raises three issues. Because the State failed to present sufficient evidence upon which the jury could convict Miranda, the trial court reversibly erred in denying Miranda's motion for judgment of acquittal. We therefore reverse Miranda's convictions and remand for entry of a ju... More...   $0 (02-27-2013 - FL)

This case is before the Court on appeal from a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm Bolin’s conviction and sentence.

OVERVIEW

Oscar Ray Bolin, Jr., was convicted of the first-degree murder of Stephanie Collins and sentenced to death. This Court twice re... More...   $0 (02-21-2013 - FL)

SCG Harbourwood LLC, d/b/a Harbourwood Health & Rehab Center, appeals the trial court's denial of its motion to compel arbitration. Harbourwood argues that its contract with Eleanor Hanyan provided for arbitration of disputes. Harbourwood contends that an arbitration opt-out provision in the contract was not agreed to by the parties at the time the contract was signed and could not later be invoke... More...   $0 (08-08-2012 - FL)

The Estate of Frances Deresh timely appeals a non-final order compelling it to arbitrate its claims against the various defendants in this wrongful death action. We affirm the order compelling arbitration but remand to the circuit court with instructions to sever the punitive damages limitation from the arbitration agreement.

The estate sued various defendants involved with a nursing home... More...   $0 (07-11-2012 - FL)

Appellant, Jane Doe, appeals the trial court’s final order of dismissal with prejudice granting appellee’s, Palm Beach County School Board (“School Boardâ€�), motion to dismiss her amended complaint. We hold that the trial court did not err in dismissing with prejudice Doe’s claims against the School Board because she failed to comply with the time limitations placed on her asserted claims... More...   $0 (05-30-2012 - FL)

This is an appeal from an order of the trial court dismissing with prejudice Appellants’ second amended complaint, based upon a finding that Appellants perpetrated a fraud upon the court. For the following reasons, we reverse. Appellants, Jose Suarez and Anais Suarez, filed a complaint (subsequently amended twice) against Benihana National of Florida Corporation (“Benihanaâ€�) seeking damages ... More...   $0 (05-09-2012 - FL)

This is an appeal by a trust beneficiary from an order and final judgment dismissing his second amended complaint, which sought an accounting, breach of trust, removal of trustees, and surcharge, with prejudice, on the ground the claims are time-barred as a matter of law on the face of the complaint. We reverse the order and final judgment and remand for reinstatement of the second amended complai... More...   $0 (05-09-2012 - FL)

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Hurt v. Kitroser, 50 So. 3d 62 (Fla. 4th DCA 2010). The district court ruled upon the following question, which it certified to be of great public importance:

WHERE AN INDIVIDUAL, NON-RESIDENT DEFENDANT COMMITS NEGLIGENT ACTS IN FLORIDA ON BEHALF OF HIS CORPORATE EMPLOYER, DOES THE CORPORATE S... More...   $0 (03-22-2012 - FL)

This declaratory judgment action pits Sunshine State Insurance Co., the issuer of a homeowner’s policy, against Geico General Insurance Co., the issuer of an automobile insurance policy. Their dispute involves which one is liable for indemnity and defense of claims against a person they both insured. That person, a passenger in a car, grabbed the steering wheel. When the driver tried to get her ... More...   $0 (01-18-2012 - FL)

Allstate Insurance Company appeals from a final judgment requiring it to cover $32,000 in damages sustained by Jonathan Adrabi under the uninsured motorist (“UMâ€�) provisions of Adrabi’s Allstate policy. Because Adrabi’s injuries did not arise out of the ownership, maintenance or use of an uninsured vehicle, we conclude that his injuries were not compensable under the UM coverage delineated... More...   $0 (10-05-2011 - FL)

In this workers’ compensation case, the employer carrier (E/C) appeals a non-final order adjudicating compensability in Claimant’s favor. Claimant was injured when he attempted to retrieve personal property from a car which his lender was repossessing from his employer’s parking lot. There is no dispute that the accident resulting in the injuries occurred in the course and scope of Claimantâ... More...   $0 (09-22-2011 - FL)

Jane Doe, a physician's assistant, claimed the Dr. Gunwat Dhaliwa wrongfully and without permission assaulted and battered her in his office when he reached into her blouse and fondled her breasts and nipples with both hands.

The defenses asserted by Defendant are not available.... More...   $820000 (09-23-2011 - FL)

This case involves claims of excessive force against local police officers under 42 U.S.C. § 1983, and the officers’ corresponding assertion of qualified immunity. The officers moved for summary judgment based on this defense in the district court, and the court denied their motion. They then appealed to this court. We unfortunately found ourselves unable to decide the case, and issued a limite... More...   $0 (07-29-2011 - FL)

Shahla M. Rabie Cortez seeks to reverse a non-final order granting the defendants’, Palace Resorts, Inc. et al., motion to dismiss based based on forum non conveniens. We affirm.

In 2006, Cortez, a California resident, booked her vacation at the Moon Palace Golf and Spa Resort in Cancun, Mexico through Washington State-based Costco Travel. While at the resort, she went for a massage at th... More...   $0 (06-22-2011 - FL)

Shahla M. Rabie Cortez seeks to reverse a non-final order granting the defendants’, Palace Resorts, Inc. et al., motion to dismiss based on forum non conveniens. We affirm.

In 2006, Cortez, a California resident, booked her vacation at the Moon Palace Golf and Spa Resort in Cancun, Mexico through Washington State-based Costco Travel. While at the resort, she went for a massage at the reso... More...   $0 (06-22-2011 - FL)

Terry L. Singletary seeks review of the final judgment of injunction for protection against repeat violence which was entered against him pursuant to section 784.046(2), Florida Statutes (2009). We reverse because the evidence does not support a finding that Singletary committed two incidents of violence against Kathryn A. Greever as required by the statute.

Greever filed a petition for inj... More...   $0 (06-10-2011 - FL)

David Allan Titsch appeals a final judgment of injunction against repeat violence entered against him and in favor of Daniel Buzin. The record does not support a finding of two incidents of violence as required by the applicable statute. Consequently, we reverse. Section 784.046(2), Florida Statutes (2009), allows a victim of repeat violence to seek a protective injunction. The statute defines... More...   $0 (04-13-2011 - FL)

These cases, which we consolidate for purposes of this opinion, involve permanent injunctions against repeat violence entered against Andrea Power and Charles Fulford based on petitions filed by Richard and Martha Boyle under section 784.046, Florida Statutes (2010). Ms. Power and Mr. Fulford argue that the evidence presented at the hearing on the petitions was legally insufficient to support the ... More...   $0 (04-21-2011 - FL)

Anonymous Plaintiffs-Appellants J, S, B, and V sued Joseph R. Francis and Mantra Films, Inc., MRA Holdings, LLC, and Aero Falcons, LLC—companies owned or controlled by Francis—for damages stemming from films the Defendants produced in which the Plaintiffs, while under the age of eighteen, exposed their breasts and engaged in sexually explicit acts. The Plaintiffs filed a motion to maintain the... More...   $0 (02-11-2011 - FL)

Appellants, Barbara Hale and Sandra Segal, appeal the trial court’s order granting State Farm Insurance Company’s motion for final summary judgment. The trial court entered the order after determining that State Farm had no duty to defend or indemnify Hale and Segal in the underlying action in which their sister-in-law, Doris Wohl, sued both Hale and Segal for defamation and tortious interfere... More...   $0 (12-22-2010 - FL)

This is an appeal of a summary final judgment in a personal injury case.

The question is whether the corporate defendant is vicariously liable for the acts of its president. As a jury question has been presented, we reverse the summary judgment now before us. La Dorada Coral Gables, Inc., defendant below, is a restaurant (“the restaurantâ€�). Its president and sole shareholder is Jose F. ... More...   $0 (12-22-2010 - FL)

At issue today is the constitutionality of an ordinance that the Manatee County, Florida Board of County Commissioners (“the Boardâ€�) adopted to regulate sexually oriented businesses in Manatee County (“the Countyâ€�). Peek-a-Boo Lounge of Bradenton, Inc. (“Peek-a-Booâ€�), an adult dancing establishment in Manatee County, along with two similar establishments, sued 1 the County claiming tha... More...   $0 (01-21-2011 - FL)

No one’s memory is perfect. People forget things or get confused, and anyone can make an innocent misstatement or two. Or maybe even three or four. But not 868 of them. In this case, the plaintiff’s attorneys, William and Karen Amlong, filed a sixty-three page errata sheet containing 868 attempted changes to their client’s deposition testimony, which was the sole source of evidentiary suppor... More...   $0 (12-28-2010 - FL)

In this workers’ compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature as part of the 2003 Chapter 440 reforms. Section 440.093 discusses the four situations when mental or nervous injuries arise. Because both parties appear to have misunderstood how the chapter now handles these types of claims, we reverse and remand this matter ... More...   $0 (07-23-2010 - FL)