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Florida Due Process Law
 
Dr. Bernd Wollschlaeger, et al v. Governor of the State of Florida, et al

On June 2, 2011, Florida Governor Rick Scott signed the Act into law. The
Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;
prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of
Case: 12-14009 Date Filed: 07/28/2015 Page: 5 of 152
6
Rights and Responsibilities, Fla. Stat. § 381.026, to include several of the... More...
   $0 (08-09-2015 - FL)

Dr. Bernd Wollschlaeger v. Governor of Florida

Miami, FL - Eleventh Circuit holds that Florida may prohibit doctors from asking patients about gun ownership


The Governor of the State of Florida, other Florida officials, and members of the Board of Medicine of the Florida Department of Health (collectively, the “State”), appeal from the District Court’s grant of summary judgment and an
injunction in favor of a group of physicia... More...
   $0 (07-29-2015 - FL)

State of Florida v. Randell Deviney

Jacksonville, FL - The State of Florida charged Randall Deviney, age 25, with first-degree murder in the death of Delores Futrell, age 65, who was killed in 2008. Futrell was a neighbor of Deviney's. The State alleged that Deviney cut Futrell's throat while attempting to rob her.

Defendant admitted that he killed Futrell in an effort to escape the death penalty.

A former convi... More...
   $0 (07-25-2015 - FL)

Searcy Denney Scarola Barnhart & Shipley, P.A. v. State of Florida

Appellants Searcy Denney Scarola Barnhart & Shipley, P.A. (“Searcy Denney”), et al. appeal the refusal of the guardianship court to authorize payment of $2.5 million in attorneys’ fees to the firms involved in the litigation of a medical malpractice lawsuit, the appeal, and a subsequent lobbying effort to secure a claims bill (also deemed a “private relief act”) from the Legislature on behalf of A... More...   $0 (07-15-2015 - FL)

Eduardo J. Ciprian-Escapa v. City of Orlando

Ines Ciprian and Eduardo Ciprian-Escapa (Appellants) appeal the trial court’s
order denying their motion to vacate, set aside, and dismiss the final judgment entered
against them and in favor of the City of Orlando (City). See Fla. R. Civ. P. 1.540(b).
Appellants raise two issues on appeal, only one of which merits discussion. Appellants
maintain that because the damages alleged in... More...
   $0 (07-17-2015 - FL)

Emily E. Dickson a/k/a Emily E. Dial v. Donald M. Dickson

The mother, Emily E. Dickson n/k/a Emily E. Dial, appeals a post-judgment order
designating the school of the parties’ minor child and placing him in the care of the father,
Donald M. Dickson, on school nights. We reverse and remand for further proceedings.1
1 We reject the mother’s argument that she was denied due process without
comment. See N.C. v. Anderson, 882 So. 2d 990, 993 ... More...
   $0 (07-17-2015 - 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)

State of Florida v. Randall Deviney

Jacksonville, FL - The State of Florida charged Randall Deviney with first-degree murder for killing 65-year-old Delores Futrell in 2008.

Court Events
Date Time Type Location Courtroom Cancelled
9/25/2008 9:00 AM ARRAIGNMENT DATE 330 E BAY ST (CIRCUIT) 6
10/23/2008 9:00 AM PRETRIAL 330 E BAY ST (CIRCUIT) 6
11/25/2008 9:00 AM ARRAIGNMENT DATE 330 E BAY ST (CIRCUIT) 6
... More...
   $0 (07-18-2015 - FL)

Christopher J. Weiland v. Palm Beach County Sheriff's Office

Nearly one hundred and thirty years ago, one of Georgia’s greatest judges described the ideal in pleading:
Pleading is pure statement; just as much as a letter addressed to your sweetheart or your wife or your friend. The plaintiff complains that he has such a case, and he tells you what it is. The defendant says either that that is not so, or something else is so, and he makes his statement. ... More...
   $0 (07-12-2015 - FL)

Ann Teitelbaum v. South Florida Water Management District

Ann Teitelbaum and a group of private property owners (“the Plaintiffs”)
appeal the trial court’s order granting final summary judgment against their claims
for inverse condemnation and de facto constitutional takings, which they pursued
under a theory of “condemnation blight.” However, Florida law is quite clear that
condemnation blight, while relevant to the valuation of property... More...
   $0 (07-08-2015 - FL)

Karen Bennett v. Walton County

The Bennetts own a beachfront triplex and adjacent lot known as “The Lawn” in south Walton County that they rent many times each year for weddings,
2
graduation parties, reunions, and other events. Their property sits within a county-designated “Residential Preservation Area” district surrounded by family dwellings. In 2010, the Bennetts’ neighbors began to complain to the County about eve... More...
   $0 (06-22-2015 - FL)

Kim Cook v. Tony Bennett

Florida public school teachers challenged Florida’s Student Success Act, as well as the Florida State Board of Education’s and three school districts’ implementation of the Act, alleging that the Act resulted in teacher evaluation policies that violated the teachers’ rights to due process and equal protection under
∗ Honorable Patrick E. Higginbotham, United States Circuit Judge for the ... More...
   $0 (07-07-2015 - FL)

United States of America v. George R. Cavallo

The defendants in this case—George Cavallo, his wife Paula Hornberger,
and Joel Streinz—were players in one of the most long-lasting mortgage fraud
conspiracies in the history of central Florida. From approximately October 1997
through March 2008, these three defendants, along with about a dozen other
people, conspired to solicit and assist friends, family members, and business... More...
   $0 (06-22-2015 - FL)

United State of America v. Louis Ruggiero

Louis Ruggiero pleaded guilty to producing child pornography, in violation
of 18 U.S.C. § 2251(a). As a condition of that plea, he reserved the right to appeal
the district court’s denial of his motion to dismiss the indictment. On appeal, he
contends that § 2251(a), both facially and as applied, is unconstitutional under the
Fifth and Sixth Amendments because it does not requi... More...
   $0 (06-30-2015 - FL)

Vivian Jackson v. Preston West

This case is about the tragic death, by suicide, of Darius Johnell James while
he was in the custody of the Marion County Jail in Ocala, Florida. On October 14,
2007, Mr. James took his own life by hanging himself with a bed sheet. He was 22
years old at the time. Vivian Jackson, Mr. James’s mother and the Personal
Representative of his Estate, filed a 42 U.S.C. § 1983 complaint... More...
   $0 (06-03-2015 - FL)

Anne (Sandy) Batchelor-Robjohns v. United States of America

This is an appeal of a federal income tax refund suit filed by the Estate of
George Batchelor (“Estate”).
1
Counts I and II of the Estate’s three-count
Complaint involve Batchelor’s personal income taxes for 1999 and 2000. Count
III concerns the Estate’s attempt to claim a credit for its 2005 income taxes for
payments it made in settlement of various lawsuits aga... More...
   $0 (06-05-2015 - FL)

Scott Morris v. City of Cape Coral

This case arises from a final judgment validating the City of Cape Coral’s special assessment to provide fire protection services. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. The City of Cape Coral (“City” or “Cape Coral”) passed an ordinance levying a special assessment against all real property in the city, both developed and undeveloped. The assessment has two tiers—on... More...   $0 (05-07-2015 - FL)

Lamar Z. Brooks v. State of Florida

Lamar Brooks appeals an order of the circuit court that denied his initial motion to vacate his convictions of first-degree murder and sentences of death filed pursuant to Florida Rule of Criminal Procedure 3.851. He also petitions this Court
- 2 -
for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. As explained below, we affirm the postconviction co... More...
   $0 (05-13-2015 - FL)

Danielle Brandon-Thomas v. Krista Brandon-Thomas and State of Florida

Danielle Brandon-Thomas and Krista Brandon-Thomas1 are a same-sex
couple who were legally married in Massachusetts in October 2012. They subsequently
moved to Florida. Once here, the marriage soured, and Danielle filed a petition for
dissolution of marriage in October 2013.2 Krista opposed the petition, arguing that
because Florida did not recognize same-sex marriage, the court had... More...
   $0 (04-24-2015 - FL)

Johnnie Floyd v. State of Florida

This is the second appeal from denials of Johnnie Floyd’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.
In Floyd v. State, 129 So. 3d 1214, 1215 (Fla. 1st DCA 2014), we reversed in part the denial of the motion, and directed the trial court to address on remand whether counsel’s performance was “deficient for failing to object to the stateâ€... More...
   $0 (03-18-2015 - FL)

Dale Norman v. State of Florida

The Second Amendment of the Constitution provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. Amend. II. The Supreme Court has determined that this text confers “an individual right to keep and bear arms.” Dist. of Columbia v. Heller (Heller I), 554 U.S. 570, 577, 595 (2008)... More...   $0 (02-18-2015 - FL)

Sarasota Estate & Jewelry Buyers, Inc. v. George Kane and Amy Kane

Sarasota Estate & Jewelry Buyers, Inc. ("Sarasota Estate") and Haiel A.
Suwaity, Abed Suwaity, and AKMS International Corporation (collectively "the
Suwaitys") appeal a judgment following violation of a settlement agreement. The record
- 2 -
does not demonstrate that the Suwaitys were served with the Verified Motion for Entry
of Final Judgment or the Notice of Hearing upon the ... More...
   $0 (02-20-2015 - FL)

Nanci Hubsch v. Howell Creek Reserve Community

Nanci Hubsch appeals a final summary judgment foreclosing a homeowner’s
association lien. She argues that she was denied due process when the trial court failed
to allow her to appear telephonically for the summary judgment hearing despite filing a
proper and timely motion for a telephonic appearance. We agree and reverse.
2
Howell Creek Reserve Community Association, Inc. fi... More...
   $0 (01-07-2015 - FL)

Department of Highway Safety and Motor Vehicles v. Herbert Clay

Petitioner, Department of Highway Safety and Motor Vehicles ("DHSMV"), seeks
second-tier certiorari review of a circuit court order granting Herbert Clay's ("Clay") firsttier
petition for writ of certiorari.1 The circuit court quashed DHSMV's administrative order
1 We have jurisdiction pursuant to Fla. R. App. P. 9.030(b)(2)(B). See also Art. V,
§ 4(b)(3), Fla. Const.
2
af... More...
   $0 (12-19-2014 - FL)

Rafael Heribe Avilesrosario v. State of Florida

A bedrock principle of due process is that it is constitutionally impermissible to hold criminal proceedings against a mentally incompetent defendant. Where there is a reasonable question as to a defendant’s competency, the trial court must hold a competency hearing. In the present case, just prior to the commencement of appellant’s trial, his defense counsel requested such a hearing, noting a... More...   $0 (12-17-2014 - fL)

Trans Health Management, Inc., et al. v. Richard Nunziata

In these consolidated cases arising out of the death of a nursing home resident, defendant Trans Health Management, Inc. (THMI), and nonparties Alan M. Grochal1 (the Receiver), Maria Elena Chavez-Ruark (the Receiver's counsel), Fundamental Long Term Care Holdings, LLC (FLTCH), Murray Forman, Leonard Grunstein, and Fundamental Administrative Services, LLC (FAS) seek review of the final judgment ent... More...   $0 (12-19-2014 - FL)

Harold Blake v. State of Florida

Harold Blake appeals an order of the circuit court denying his motion to vacate his convictions and sentences—including a conviction for first-degree murder and sentence of death—filed under Florida Rule of Criminal Procedure
- 2 -
3.851. Blake also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed... More...
   $0 (12-04-2014 - FL)

Latoyia S. Bailey v. Jabriel K. Giddins

Appellant, the former wife, challenges the trial court’s final order of dissolution of marriage in which the court adopted and incorporated the parties’ marital settlement agreement. Appellant argues the court erred in entering the final order over her objection and pending motion to set aside the marital settlement agreement, without first giving her the opportunity to be heard and present ev... More...   $0 (11-06-2014 - FL)

Joseph Adinolfe v. United Technologies Corporation d/b/a Pratt & Whitney

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties’ briefs to focus exclusively on whether the allegations in the complaints st... More...   $0 (10-06-2014 - FL)

Damiroquan McGill v. State of Florida

Damiroquan McGill appeals his twelve-year sentence for possession of a firearm
by a delinquent, which was direct filed and adjudicated in adult court. Although the
sentence was below the statutory maximum penalty, McGill correctly argues that the
sentencing court violated his due process rights by basing his sentence, at least in part,
on improper considerations. See Yisrael v. Sta... More...
   $0 (10-10-2014 - FL)

Martha Julia v. Juan Carlos Julia

Appellant Martha Julia (“the Wife”) appeals the final judgment of support and the final judgment of dissolution of marriage related to her second marriage to Appellee Juan Carlos Julia (“the Husband”). The Wife argues that the trial court’s judgments must be reversed in light of violations of her right to due process. We agree. Furthermore, we find six additional shortcomings with respec... More...   $0 (08-25-2014 - FL)

William James Deparvine v. State of Florida

William James Deparvine appeals an order of the circuit court denying his initial postconviction motion to vacate his conviction of first-degree murder and
- 2 -
sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V,
§ 3(b)(1), (9), Fla. Const. As explained below, we affirm the... More...
   $0 (08-28-2014 - FL)

Sharon P. Talbot v. Margaret A. Rosenbaum

Sharon Talbot, the defendant below, appeals several orders of the trial court, including a default and default final judgment awarding damages to the plaintiff, Margaret Rosenbaum. Talbot raises three issues on appeal, one of which we determine merits discussion. Talbot contends that the damages alleged in Rosenbaum’s complaint were unliquidated therefore requiring a hearing to determine the pro... More...   $0 (07-23-2014 - FL)

Brett S. Stetter v. Alan Richardson

In this consolidated appeal, Brett J. Stettner (“Stettner”) appeals two trial
court orders: (1) denying his motion to set aside clerk’s default, to vacate default
final judgment and to quash a writ of garnishment; and (2) denying his motion to
set aside sheriff’s sale. For the reasons that follow, we reverse both orders.
On May 14, 2012, Stettner filed a Petition for Injunc... More...
   $0 (07-16-2014 - FL)

Elaine Damianakis v. Philip Morris USA, Inc.

Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damianakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court's grant of Philip Morris's motion for summary judgment. The trial court granted Philip Morris's motion for summary judgment on the ground that the statute of limitations barred Mrs. Damianakis's claims, based on its prerequi... More...   $0 (07-18-2014 - FL)

Brandon L. Gage v. State of Florida

Brandon Gage appeals his conviction and forty-year prison sentence for
battery and sexual battery. See §§ 784.03, 794.011, Fla. Stat. (2010). The trial court
improperly allowed the State to impeach Mr. Gage and his mother with a previously
- 2 -
undisclosed recorded statement without conducting a Richardson1 hearing to determine
whether a discovery violation occurred and, if ... More...
   $0 (07-18-2014 - FL)

Michael P. Brannon, Psy.D. v. Howard Finkelstein

Plaintiff Michael P. Brannon filed suit in the district court alleging that defendant Howard Finkelstein reduced and ultimately terminated Brannon’s consulting work as a forensic psychologist for the Broward County Public Defender’s office in retaliation for Brannon’s constitutionally protected testimony about a Florida state court judge. The United States District Court for the Southern Dis... More...   $0 (06-18-2014 - FL)

David Allen Edwards a/k/a Allen Edwards a/k/a D. Allen Edwards v. Airline Support Group, Inc.

David Allen Edwards (“Edwards”) appeals a non-final order denying his motion to dismiss for lack of personal jurisdiction a complaint filed against him under the Uniform Fraudulent Transfers Act, Chapter 726, Florida Statutes (2013). Because we find that an alleged fraudulent transfer is not a “tortious act” under Florida’s long-arm statute, and because there were no allegations specifyi... More...   $0 (05-28-2014 - FL)

Harvey Jay Weinberg and Kenneth Alan Weinberg v. Betty Weinberg

Beneficiaries of a trust appeal an order denying their request to enforce a $500 per diem contempt fine against a trustee for her non-compliance with multiple court orders. They argue the trial court erred in not enforcing the original contempt order, the trustee waived any defect in the original contempt order by not taking an appeal, and that the trial court erred in finding it did not have the ... More...   $0 (05-07-2014 - FL)

Robert Blechman v. Katherine Dely

Appellant appeals the trial court’s order finding him in contempt and removing him as personal representative of the Estate of Bertram Blechman. We find that the trial court violated appellant’s due process rights by finding him in indirect criminal contempt without complying with the procedures outlined in Florida Rule of Criminal Procedure 3.840 and by removing him as personal representative... More...   $0 (05-14-2014 - FL)

 
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