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Florida Due Process Law
 

In Re: Fundamental Long Term Care, Inc.

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

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort... More...   $0 (10-21-2017 - FL)

Amal Eghnayem, et al. v. Boston Scientific Corporation

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

In this products liability suit, Boston Scientific Corporation (BSC) appeals from various orders and a final judgment in favor of the plaintiff, Amal Eghnayem. Eghnayem alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit, a transvaginal mesh prescription medical device manufactured and sold by BSC. She initially filed suit in the Southern District of West Virginia as part o... More...   $0 (10-21-2017 - FL)

Georges Richardson v. State of Florida

Broward County Courthouse - Fort Lauderdale, Florida

Appellant, Georges Richardson, timely appeals his judgment and sentence after a jury found him guilty of a lesser included offense, robbery. On appeal, Richardson argues that the trial court erred in admitting a video tape into evidence. We disagree and affirm.
Background
Richardson was arrested and charged with the armed robbery of a cell phone store. The robbery occurred on July 15, 2013... More...
   $0 (09-27-2017 - FL)

Stephen Lukacs v. Christina Brooke Ice

Suwannee County Courthouse - Live Oak, Florida

Appellant, Florida Farm Bureau Casualty Insurance Company, appeals the
2
trial court’s Final Judgment Awarding Reasonable Attorneys’ Fees. Appellant raises three issues on appeal, only one of which merits discussion and reversal. Appellant contends that the trial court erred in applying a contingency risk multiplier to the attorney’s fees it awarded to Appellee, Gerald H. Gray, because the... More...
   $0 (10-01-2017 - FL)

Nam Dang v. Sheriff, Seminole County, Florida

Middle District of Florida Federal Courthouse - Tampa, Florida

Nam Dang’s health deteriorated while he was a pretrial detainee in the John E. Polk Correctional Facility (the “Jail”). Ultimately, Dang was diagnosed with meningitis, which caused him to suffer multiple strokes resulting in permanent injuries. Dang alleges § 1983 liability against several health care providers for providing inadequate medical care while Dang was in Jail and Seminole County Sherif... More...   $0 (10-01-2017 - FL)

Thomas Larsen v. Citibank, FSB

Eastern District of Florida Federal Courthouse - Miami, Florida

Plaintiff David Johnson filed a putative class-action suit against Defendant KeyBank National Association in 2010, alleging that KeyBank improperly manipulated the order of debit card transactions in customer accounts in order to maximize collection of overdraft fees. This appeal relates not to the substance of Johnson’s suit but to the enforceability of an arbitration provision contained in the a... More...   $0 (10-01-2017 - FL)

United States of America v. Robert William Green

Northern District of Florida Federal Courthouse - Tallahassee, Florida

In light of this Court’s en banc decision in United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017), we hereby vacate our prior panel opinion, published at 842 F.3d 1299, and substitute it with the following opinion, which has been revised only in Section II.D. Accordingly, Defendant’s motion for panel rehearing is denied as moot.
A jury convicted defendant Robert Green of being a felon ... More...
   $0 (10-01-2017 - FL)

Jamie Landry v. Charlotte Motor Cars, LLC and American States Insurance Company

Charlotte County Florida Courthouse - Punta Gorda, Florida

Jamie Landry appeals the trial court's order that dismissed her action for alleged odometer fraud against Charlotte Motor Cars, LLC, and American States Insurance Company (collectively, "the Dealership"), as a sanction for the asserted
- 2 -
spoliation of the vehicle in question after it was repossessed. Because the Dealership failed to establish that the vehicle was lost, misplaced, or de... More...
   $0 (09-06-2017 - FL)

Susan S. Kennedy v. Res-GA Lake Shadow, L.L.C., Lake Shadow Limited, LLC, and William Kennedy

Walton County Florida Courthouse - DeFuniak Springs, Florida

Susan S. Kennedy appeals an order denying her motion to vacate a writ of execution and sheriff’s deed issued on her Panhandle condominium. RES-GA Lake Shadow, LLC (RES-GA), brought proceedings supplementary to execution related to a money judgment against Ms. Kennedy’s former husband. Without impleading Ms. Kennedy into the case, RES-GA received a writ of execution and sheriff’s deed giving it a o... More...   $0 (09-06-2017 - FL)

Phillip Landers v. State Farm Florida Insurance Company

In this appeal, we consider whether, when an insurance contract provides for an appraisal process, an insured must wait until that process is completed before filing a civil remedy notice pursuant to section 624.155, Florida Statutes (2008). Because we find no such limitation in the statute or relevant case law, we reverse.
2
In 2009, Phillip Landers’s home sustained a loss from suspected ... More...
   $0 (08-17-2017 - fl)

R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. v. Linda Purdo Enochs

In this Engle1 progeny case, R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. (“Defendants”) appeal the final judgment entered in favor of Linda Purdo Enochs as Representative of the estate of her deceased husband, Thomas Purdo (“Plaintiff”). Defendants argue that the trial court erred by: (1) failing to engage in the requisite genuineness analysis in granting Plaintiff’s peremptory chall... More...   $0 (08-17-2017 - FL)

Vivian De Los Milagros Castellat v. Gisela Lissette Pereira

Mimai-Dade County Courthouse - Miami, Florida

This case involves an area of law – regarding how advances in reproductive
technology impact the definition of the modern family – which is struggling to
catch up with and reflect the rapid changes taking place in society. In this case, a
same-sex couple arranged to have a child together. When the couple separated, the
birth mother blocked all contact between the child and the form... More...
   $0 (08-16-2017 - FL)

United States of America v. Joe Lee McQuay, Ivan Jermaine Wims, Jordan Christopher Wims, Albert Devon Kitchen, Ticco Earl Wright and Danielle Nicole Duncan

Gainesville, FL - Six People Sentenced in Heroin Trafficking Conspiracy

The last of six defendants was sentenced the week of August 3, 2017 for conspiring to distribute heroin and other drug-related charges.

The defendants are:

Joe Lee McQuay, 39, Ocala, 240 months in prison (180 months for the heroin conspiracy to be served consecutively to a 60-month sentence for ... More...
   $0 (08-03-2017 - FL)

United States of America v. Elder Nehemias Lopez Hernandez, et al.

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

The United States prosecuted these four defendants—Lopez Hernandez, Hernandez Almaraz, Aguilar Lopez, and Savala Cisneros—under the Maritime Drug Law Enforcement Act (MDLEA), which criminalizes an individual’s possessing with intent to distribute a controlled substance “[w]hile on board a covered vessel,” which includes “a vessel subject to the jurisdiction of the United States,” which in turn inc... More...   $0 (07-28-2017 - FL)

Anthony Rodriguez v. City of Doral and Juan Carlos Bermudez

“A wise man once said a true history of the world is a history of great
conversations in elegant rooms.”1 Whether or not that may be accurate, a true
history of the United States would be incomplete without a history of great
political conversations, wherever they might have occurred. And great political
conversations could not exist in the absence of the First Amendment. So the Fi... More...
   $0 (07-19-2017 - FL)

ROBERT EARL PETERSON vs. STATE OF FLORIDA

and

ROBERT EARL PETERSON vs. JULIE L. JONES, etc.

Peterson was convicted of first-degree murder and evidence tampering, and
was sentenced to death for the first-degree murder of his 64-year-old stepfather,
Roy Andrews, after Peterson’s jury recommended death by a vote of seven to five.
Peterson, 94 So. 3d at 519, 523. The facts of Peterson’s crime are set forth in this
Court’s opinion affirming his conviction and sentences o... More...
   $0 (07-07-2017 - FL)

MARCUS JAMAL JERRY vs STATE OF FLORIDA

Early one morning, a convenience store was robbed. One man first cased the store to see who was present. After he left, two men, masked and armed, entered. Inside, the two masked men shot and killed two customers, shot at but missed two employees, and stole money from the register. When the two men returned to their vehicle, they drove away.

During law enforcement’s investigation o... More...
   $0 (07-06-2017 - FL)

CLIFTON CORNELIUS v. STATE OF FLORIDA

This Petition for Writ of Prohibition is a sequel to a series of pleadings filed by Clifton Cornelius invoking his right to a speedy trial and seeking discharge from the criminal charges pending against him.1 Although Cornelius, like other criminal
1 A writ of prohibition is an appropriate remedy to address alleged speedy trial violations. See She... More...
   $0 (07-06-2017 - FL)

United States of America v. Sellari's Enterprises, Inc.

Federal Courthouse - Orlando, Florida

Orlando, FL - Justice Department Settles Immigration-Related Discrimination Claim against Florida Staffing Company

The Justice Department reached an agreement with Sellari’s Enterprises, Inc. (Sellari’s), a company that provides staffing services in Orlando, Florida. The agreement resolves the department’s investigation into whether Sellari’s violated the Immigration and Nationality Act (... More...
   $120000 (06-30-2017 - FL)

MICHAEL ODHIAMBO vs STATE OF FLORIDA

Attorney Mark Ciaravella, Florida Bar Number 46108, appeared before this court on Tuesday, May 23, 2017, to show cause why sanctions should not be imposed for his failure to comply with this court's orders. This was the second time this court issued an order to show cause directed to Attorney Ciaravella concerning the filing fee for this appeal. Attorney Ciaravella filed the notice of appeal in t... More...   $0 (06-19-2017 - FL)

OMAR YSAZA v. STATE OF FLORIDA

Florida's Fourth District Court of Appeals

We grant the defendant-petitioner’s motion for clarification, withdraw this Court’s opinion issued May 10, 2017, and substitute this opinion.

The defendant petitions for a writ of habeas corpus. He is charged with numerous first degree felonies punishable by life. He argues that the first appearance judge erred in holding him without bond without determining whether the probable cause... More...
   $0 (06-19-2017 - FL)

HARREL FRANKLIN BRADDY vs. STATE OF FLORIDA

HARREL FRANKLIN BRADDY vs. JULIE L. JONES, etc.

In 2007, Braddy was convicted of first-degree murder, attempted first-degree
murder, two counts of kidnapping, burglary of a structure with an assault or battery
therein, child neglect causing great bodily harm, and attempted escape. Braddy v.
State, 111 So. 3d 810, 826 (Fla. 2012). On appeal, this Court set out the facts of
the crimes:
The evidence presented at Braddy’s... More...
   $0 (06-18-2017 - FL)

THOMAS BEVEL vs. STATE OF FLORIDA

THOMAS BEVEL vs. JULIE L. JONES, etc.

The facts of Bevel’s crimes were set forth in this Court’s opinion affirming
the convictions and sentences on direct appeal:
Thomas Bevel was charged with the February 2004 first-degree murders of Garrick Stringfield and his son Phillip Sims and attempted first-degree murder of Feletta Smith. The key events of February 28, 2004, which ended in two murders and one attempted murder, establ... More...
   $0 (06-18-2017 - FL)

ULYSSES TAYLOR v. STATE OF FLORIDA

Ulysses Taylor appeals the judgments and sentences imposed following a jury verdict finding him guilty of battery on a law enforcement officer and resisting officers with violence. Mr. Taylor asserts seven claims of error by the trial court. After review, we find no reversible error and affirm. We write to discuss the issues created by the State's request to amend the charging information after... More...   $0 (06-05-2017 - FL)

CALVIN W. DOWD v. STATE OF FLORIDA

Sex Offender

Dowd first challenges the trial court's order denying his motion to suppress the post-Miranda1 statements he made to sheriff's detectives. Dowd argues the totality of the circumstances demonstrate the statements are the product of coercive police tactics designed to extract an involuntary confession. We disagree. When a defendant alleges his statement is the product of police coercion, courts m... More...   $0 (06-05-2017 - FL)

Gary Reid vs. The State of Florida

On March 20, 1979, Reid entered into a negotiated guilty plea to the charges
of first-degree murder, attempted armed robbery, and possession of a firearm while
engaged in a criminal offense committed when Reid was seventeen years old. The
plea was entered in exchange for a sentence of life in prison, with parole eligibility
after twenty-five years, and a concurrent fifteen-ye... More...
   $0 (06-05-2017 - FL)

EDNA LOUISE BAKER vs STATE OF FLORIDA

Appellant Edna Baker filed a pretrial motion for a hearing and appointment of an expert to evaluate her competency. The trial court thereafter entered an order appointing a doctor for an evaluation. Although Florida Rule of Criminal Procedure 3.210(b) requires a trial court to hold a competency hearing within twenty days of being presented with reasonable grounds to question a defendant’s compet... More...   $0 (06-04-2017 - FL)

ANIL DESAI, M.D. vs LAWNWOOD MEDICAL CENTER, INC.

Lawnwood Regional Medical Center


The Doctor, a pathologist and member of the Hospital’s medical staff, submitted his application for reappointment as all medical staff members are required to do every two years. As required by the “peer review” statute, applications for reappointment are first considered by the recredentials committee which makes a recommendation to the medical executive committee. § 395.0193(2), Fla. Sta... More...
   $0 (06-04-2017 - FL)

BRIAN KOVALSKY vs STATE OF FLORIDA

On September 9, 2014, the State of Florida charged Appellant by information with 187 counts of knowingly possessing child pornography contrary to section 827.071(5), Florida Statutes. The State found a total of 187 files on Appellant’s computer, “comprised of both photographs and videos, all of which showed children . . . in sexual conduct or sexuallyexplicit situations.” Appellant entered an op... More...   $0 (06-04-2017 - FL)

MATTHEW ROMANS vs STATE OF FLORIDA

In this appeal, appellant claims the trial court erred in (1) excluding a character witness from appellant’s workplace, (2) not instructing the jury on justifiable use of deadly force, (3) denying a motion for downward departure, and (4) imposing drug offender probation. We affirm the first two issues. As to the third issue, which raised two grounds for departure, we reverse as to one ground and... More...   $0 (06-04-2017 - FL)

Theresa Graham v. R.J Reynolds Tobacco Company, et al.

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...
   $0 (05-18-2017 - FL)

Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, et al.

“Registration” of a copyright is a precondition to filing suit for copyright infringement. 17 U.S.C. § 411(a). This appeal requires us to decide an issue that
* Honorable Danny J. Boggs, United States Circuit Judge for the Sixth Circuit, sitting by designation.
Case: 16-13726 Date Filed: 05/18/2017 Page: 1 of 11
2
has divided the circuits: whether registration occurs when an owner ... More...
   $0 (05-18-2017 - FL)

Wiley Brown v. Dominique Easley

Courthouse - Paul Beach County, Florida

West Palm Beach, FL - Jury Awards Man Bitten by Dog $150,000

Wiley Brown sued Los Angeles Rams defensive tackle Dominique Easley on a negligence theory claiming that he was bitten by Defendant's 2.5 year old pit bull dog, Chucky.

Easley claimed that he did not know Brown and that Brown did not have permission to be in the rented condo.

Easley asked a friend and neighbor ... More...
   $150000 (05-14-2017 - FL)

RANDY W. TUNDIDOR vs. STATE OF FLORIDA

Randy W. Tundidor was convicted of first-degree murder of Joseph
Morrissey (Count I), two counts of attempted first-degree murder and two counts
of attempted felony murder of Linda Morrissey and Patrick Morrissey (Counts II–
V), two counts of armed kidnapping of Joseph Morrissey and Linda Morrissey
(Counts VI–VII), armed burglary (Count VIII), armed robbery of Joseph Morrissey <... More...
   $0 (05-01-2017 - FL)

STATE OF FLORIDA vs DONALD RICHARDVILLE

.

The state appeals from the circuit court’s order granting the defendant’s motion for a downward departure sentence. The state argues that the court’s reasons for departing from the permitted sentencing range, including the defendant’s “ignorance of the law,” were legally insufficient.

We agree that the court erred, as the state has argued. However, the state did not preserve the err... More...
   $0 (04-23-2017 - FL)

MICHAEL LEVANDOSKI vs STATE OF FLORIDA

.

In 2010, Levandoski pleaded guilty to charges of lewd computer solicitation of a child and traveling to meet a minor for unlawful sexual activity. At sentencing, the court orally stated that “I’m going to sentence him to 48 months in the Department of Corrections on count I, followed by one year of sexual offender probation, and count II, 48 months incarceration in the department of corrections f... More...   $0 (04-23-2017 - FL)

JAMES EARL CHAMBERS v. STATE OF FLORIDA

.

James Earl Chambers appeals his conviction and sentence for robbery with a deadly weapon. We conclude that the trial court properly denied appellant’s motion for judgment of acquittal and affirm his conviction. However, we reverse for resentencing due to a scoresheet error and the imposition of indigent defense fees and state investigative costs.

The state’s evidence showed that a mas... More...
   $0 (04-23-2017 - FL)

DONALD LENNETH BANKS vs. STATE OF FLORIDA

DONALD LENNETH BANKS vs. JULIE L. JONES, etc.

Donald Lenneth Banks was convicted and sentenced to death for the 2005
murder of Linda Volum. This Court’s opinion on direct appeal included the
following regarding the murder and Banks’ subsequent trial:
During the late evening hours of March 9 or the early morning hours of March 10, 2005, the Victim was stabbed to death. The killing probably occurred between midnight and 4:00 a.... More...
   $0 (04-23-2017 - FL)

Alex Barron m vs. The State of Florida

In 2005, Alex Barron was civilly committed following a jury trial upon a
petition for involuntary civil commitment of sexually violent predators, pursuant to
sections 394.910-.930, Florida Statutes (2015).1
In 2015, Barron filed a petition for release from civil commitment, which
required the trial court to follow the threshold procedures established in section
394.918(3)... More...
   $0 (04-14-2017 - FL)

ROBERT LEE RUMPH v. STATE OF FLORIDA

"

Robert Lee Rumph, Jr., appeals the judgment and sentence imposed upon him by the trial court after he pled no contest to second-degree murder with a firearm pursuant to a negotiated plea agreement. He argues that the trial court committed reversible error when it failed to follow the proper competency procedures and failed to enter a written order finding him competent to proceed before it permit... More...   $0 (04-14-2017 - FL)

 
 
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