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Florida Due Process Law
 
Marcia L. Weiser v. Sandy Weiser

Appellant Marcia Weiser appeals a non-final order of the trial court granting in part Appellee Lawrence Taube’s Amended Motion to Ratify Distributions and Other Relief, which required Appellant to return $15,200 to the guardianship of her mother. For reasons stated below, we affirm.

Lawrence Taube was the former plenary guardian of Appellant’s mother before Appellant and her brother, ... More...
   $0 (04-09-2014 - FL)

Leonard Patrick Gonzalez, Jr. v. State of Florida

Leonard Patrick Gonzalez, Jr., appeals his convictions of two counts of first-degree murder and one count of home invasion robbery with a firearm and his corresponding sentences of death and life imprisonment. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated below, we affirm the convictions and sentences.

FACTS AND PROCEDURAL HISTORY

Leonard Patrick Go... More...
   $0 (04-10-2014 - FL)

Michele Cavallaro v. Omni Properties and Nancy Cavallaro

Michele Cavallaro, an active member of The Florida Bar but not a party to the dissolution of her parents’ marriage in the circuit court, appeals an order

2

holding her in contempt and imposing attorney’s fees and costs (on her mother’s motion) against her. We reverse.

In 2012, Nancy Cavallaro, the appellant’s mother, obtained a final judgment dissolving her marriage to... More...
   $0 (02-12-2014 - FL)

Jeramine Eitel v. John Horobec

In five issues,2 Appellants Jeramie Eitel, d/b/a Jeraco Investments and as agent for Cliff’s Star Construction, LLC; Jenson Gainer; and Otis Bakke

1See Tex. R. App. P. 47.4.

2

challenge the trial court’s summary judgment rendered in favor of Appellee John Horobec. We will affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

The summary judgment evidence established ... More...
   $0 (02-13-2014 - FL)

Marina Dodge, Inc. and Webster Auto Brokers, Inc. v. Kristina Quinn and Charles Joseph Barbera

New York auto dealers Marina Dodge, Inc. and Webster Auto Brokers, Inc. (“the Auto Dealers”) appeal the denial of their respective motions to dismiss the personal injury suit filed against them in Broward County. The Auto Dealers maintain that the trial court erred in rejecting their argument that personal jurisdiction could not be exercised against them in Florida. We agree and therefore reve... More...   $0 (02-05-2014 - FL)

City of Fort Laurderdale v. Rhadames Gonzalez

The City of Fort Lauderdale appeals a county court order dismissing a traffic citation and declaring the owner notification provision of Florida’s red light camera law to be unconstitutional.1 We reverse and hold that section 316.0083(1)(c)1.c., Florida Statutes (2011), does not violate equal protection or due process by providing that, in the case of a jointly owned vehicle, the traffic citatio... More...   $0 (02-05-2014 - FL)

Rubin Schron v. Richard Nunziata

In appellate case number 2D12-5355, Rubin Schron challenges a nonfinal order in which the trial court found that it had personal jurisdiction over him. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(i); Frier v. Frier, 13 So. 3d 145, 146 (Fla. 1st DCA 2009) (explaining that where a trial court's order actually makes a determination as to personal jurisdiction, the order falls within the ... More...   $0 (02-05-2014 - FL)

Federico Torrealba Navas v. Craig A. Brand

Federico Torrealba Navas, Gianna Cersosimo, and certain members of the Costa Rican law firm of Facio and Cañas (“F&C”), appeal from a non-final order

2

denying their motions to dismiss for lack of jurisdiction and inconvenient forum.

We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(c). See also WEG Indus., S.A. v. Compania De Seguros Genera... More...
   $0 (01-29-2014 - FL)

Brian Clough v. State of Florida

Brian Clough timely appeals the postconviction court's order dismissing, in part, and denying, in part, his petition for a writ of habeas corpus. See§ 79.01, Fla. Stat. (2009). We have jurisdiction, see Fla. R. App. P. 9.140(b)(1)(D), and affirm. We write to address the argument that the postconviction court denied Mr. Clough due process of

- 2 -

law by converting, without notice, h... More...
   $0 (01-31-2014 - FL)

C.G. v. J.R. and J.R.

C.G. appeals a final judgment entered against him in his paternity action. C.G. is the undisputed biological father of H.G.-R. However, H.G.-R.'s biological mother was married to J.R. at the time of H.G.-R.'s birth, thereby establishing J.R. as H.G.-R.'s

-2-

legal father. After C.G. filed a verified complaint to establish paternity, he and the biological mother entered into a paterni... More...
   $0 (01-31-2014 - FL)

Michael Micklos v. State of Florida

Michael Micklos was charged with the improper exhibition of a firearm, a first-degree misdemeanor. See § 790.10, Fla. Stat. (2011). He moved to dismiss the charge, claiming immunity from prosecution under section 776.032, Florida Statutes

-2-

(2011), commonly known as the "Stand Your Ground" law. The county court denied the motion, whereupon Micklos appealed to the circuit court. Th... More...
   $0 (01-31-2014 - FL)

Marcia L. Weiser v. Sandy Weiser

In this guardianship action, Appellant, Marcia Weiser, appeals the trial court’s non-final order denying her motion for reimbursement of attorneys’ fees and motion for reimbursement of loans/advances to the guardianship. We reverse. Appellant and her brother, Sandy Weiser, were serving as co-guardians of their mother. During the pendency of the guardianship, Appellant filed the following motio... More...   $0 (01-15-2014 - FL)

Luca Baricchi v. Loraine Barry

Luca Baricchi appeals the final judgment dissolving his marriage to Loraine Barry. We find merit in his first contention that the trial court erred in proceeding on Ms. Barry's amended petition and reverse.1 1This disposition moots Mr. Baricchi's second contention that the trial court erred in distributing the equity of property located in Italy.

- 2 -

BACKGROUND

Ms. Barry ins... More...
   $0 (01-17-2014 - FL)

Patricia A. Mouliom v. Northeast Florida State Hospital

Appellant, Patricia Mouliom, seeks review of the final administrative order continuing her involuntary inpatient placement under the Baker Act.1 The order

1 Ch. 394, pt. I, Fla. Stat. (2012).

was entered after a hearing at which Ms. Mouliom was not present. Ms. Mouliom contends that conducting the hearing in her absence amounts to fundamental error. We agree and reverse.

In Ju... More...
   $0 (01-03-2014 - FL)

R.J. Reynolds Tobacco Company v. Carolyn Hiott

Appellant R.J. Reynolds Tobacco Company (Reynolds) appeals a Final Judgment awarding damages to Appellee Carolyn Hiott, Personal Representative of the Estate of Kenneth Hiott (Hiott). Reynolds asserts three grounds of reversible error: 1) the trial court erred in admitting evidence that Reynolds successfully challenged new proposed tobacco warnings in federal court; 2) the trial court erred in den... More...   $730000 (01-03-2014 - FL)

Chris Taylor, M.D. v. Hilda Patricia Gutierrez

Chris Taylor, M.D., the defendant below, appeals from a non-final order denying his motion to dismiss for lack of personal jurisdiction. B ecause the trial court erred in determining that Dr. Taylor’s contacts with the State of Florida were sufficient to confer general jurisdiction over him under Florida’s long arm statute, section 48.193(2) of the Florida Statutes (2011), and because federal ... More...   $0 (12-04-2013 - FL)

Lisa M. Detourney, et al. v. City of Coral Gables, etc., et al.

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeowners”) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A... More...   $0 (12-04-2013 - FL)

A.L. v. Jackson County School Board

A.L., his mother, P.L.B., and their attorney, Rosemary N. Palmer, appeal a final order of the administrative law judge awarding attorney’s fees under section 57.105(5), Florida Statutes (2012), to the Jackson County School Board as the prevailing party in a proceeding brought under section 1003.57, Florida Statutes (2012). We reverse and remand. A. L., by his parent P. L. B., and P. L. B. for he... More...   $0 (11-26-2013 - FL)

Brad M. Bolton v. SE Property Holdings, LLC

We reverse the Order on Pro Se Motions enjoining appellants from filing further pleadings or motions except through counsel, because the trial court did not first provide notice and an opportunity to respond. See State v. Spencer, 751 So.

2

2d 47, 48 (Fla. 1999). See also Delgado v. Hearn, 805 So. 2d 1017, 1018 (Fla. 2d DCA 2001) (citing Spencer). In doing so, we respectfully disagre... More...
   $0 (11-26-2013 - FL)

Alicia Faye Baxter v. State of Florida

Alicia F. Baxter claims that the imposition of a twenty-year state prison sentence, which followed her rejection of the trial court’s offer of eleven months and twenty-nine days in county jail, meets the standard for what is known as “judicial vindictiveness.” In addition, she claims the trial court erred by refusing to

2

allow her to accept the initial offer after she rejected... More...
   $0 (11-26-2013 - FL)

Alicia Faye Baxter v. State of Florida

Alicia F. Baxter claims that the imposition of a twenty-year state prison sentence, which followed her rejection of the trial court’s offer of eleven months and twenty-nine days in county jail, meets the standard for what is known as “judicial vindictiveness.” In addition, she claims the trial court erred by refusing to

2

allow her to accept the initial offer after she rejected... More...
   $0 (11-26-2013 - FL)

Thomas James Moore v. State of Florida

This case is before the Court on appeal from an order denying Thomas James Moore’s second successive motion to vacate his judgment of conviction for first-degree murder and sentence of death, filed pursuant to Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, this Court has jurisdiction ... More...   $0 (11-27-2013 - 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.

2

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

Shirley Burgess v. North Broward Hospital District

Appellant, Shirley Burgess, brought this action below to recover damages for the death of her husband while a patient at North Broward Hospital District d/b/a Broward General Medical Center (“the Hospital”). In this appeal, Burgess challenges an order dismissing with prejudice her claim under 42 U.S.C. § 1983 for denial of access to the courts against the Hospital and Amos Stoll, M.D. (collec... More...   $0 (11-13-2013 - FL)

Geoffrey Alexander Cole v. Nancy S. Cole

In this post-dissolution proceeding, Geoffrey Alexander Cole (the Father) appeals from an order which awarded Nancy S. Cole (the Mother) sole custody of the parties’ daughter, Samantha, for one month, without interference by the Father or the Father’s relatives. We reverse.

The parties’ marriage was dissolved in 2002, and pursuant to a settlement agreement incorporated in the judgment... More...
   $0 (11-13-2013 - FL)

State of Florida, DHSMV of Highway Safety and Motor Vehicles v. Kenji Bennett

The State of Florida, Department of Highway Safety and Motor Vehicles (“DHSMV”) petitions this Court for the issuance of a writ of certiorari, quashing a

2

decision of the circuit court from the Sixteenth Judicial Circuit. Acting in its appellate capacity, the circuit court reversed the administrative suspension of Kenji Bennett’s driving privileges. We grant the DHSMV’s peti... More...
   $0 (11-13-2013 - FL)

Marc Ripps v. City of Coconut Creek

Issues of standing, land use planning a n d zoning, statutes, ordinances, a casino, and three residents are the ingredients of this petition for second tier certiorari from an appellate decision of the circuit court. The circuit court denied the residents’ challenges to the City’s zoning ordinances relating to the construction of a hotel and parking garages servicing the Seminole Casino Coconu... More...   $0 (11-06-2013 - FL)

Sandy T. Fox v. Tommy Widjaya

Petitioners, Sandy T. Fox, Esquire, and Sandy T. Fox, P.A., filed a petition for writ of certiorari following the trial court’s sua sponte order directing Sandy T. Fox, Esquire to produce all discovery and mandatory disclosure documents contained in his (and his law firm’s) files, and which were acquired in the course of representing his former client. For the reasons that follow, we issue the... More...   $0 (11-06-2013 - FL)

Stephanie C. Dowden v. Reemployment Assistance Appeals Commission and Velocity Brands, LLC

Stephanie Dowden appeals an order issued by the Reemployment Assistance Appeals Commission affirming the decision of an appeals referee, which determined that Dowden is not entitled to benefits because her unemployment was

-2-

voluntary without good cause chargeable to her employer and that Dowden was required to repay benefits she had received. See §§ 443.151(4)(a), (c), (e), Fla.... More...
   $0 (11-08-2013 - FL)

Brian Brown v. Jerry Pybus Electric and North American Risk Services

In this workers’ compensation case, Claimant appeals the order of the Judge of Compensation Claims (JCC) denying the reauthorization of three doctors. For

2

the following reasons, we reverse the rulings as to two of the doctors; we affirm the other ruling without further comment.

Regarding Dr. Rajni Patel and Dr. Douglas Stringer, the JCC ruled that the claims for reauthoriz... More...
   $0 (11-07-2013 - FL)

Edward I. Golden v. Carol Ann Jones

Appellant Edward Golden, the curator of the Estate of Katherine Jones, appeals a final order striking a claim filed against the Estate of Harry Bruce Jones. We reverse, because the trial court erred in determining that the claim was untimely without first determining whether the claimant was a known or reasonably ascertainable creditor. We hold that if a known or reasonably ascertainable creditor ... More...   $0 (10-30-2013 - FL)

Alvin Walker v. R.J. Reynolds Tobacco Company

We sua sponte vacate and reconsider our original opinion in this matter. We substitute the following opinion for our original opinion.

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal cou... More...
   $0 (10-30-2013 - FL)

S.L. Wade v. D.T. Wade

S.L. Wade (“Mother”) petitions this Court for a writ of certiorari to review the trial court’s sua sponte order requiring her to: (1) submit to a psychological examination with a focus on anger control under Florida Rule of Civil Procedure 1.360 and Florida Family Law Rule of Procedure 12.360; and (2) participate in the parties’ oldest child’s therapy during her timesharing in Florida. F... More...   $0 (10-23-2013 - FL)

Rafael Matarranz v. State of Florida

In his final remarks to the jury, Atticus Finch, the heroic protagonist of Harper Lee’s iconic novel, To Kill a Mockingbird, proclaims

I’m no idealist to believe firmly in the integrity of our courts and in the jury system—that is no ideal to me, it is a living, working reality. Gentlemen, a court is no better than each man of you sitting before me on this jury. A court is only as sou... More...
   $0 (09-26-2013 - FL)

Dain F. Searle v. Anne S. Bent

This appeal arises from a guardianship proceeding brought by Anne S. Bent to determine the capacity of her mother, Dain F. Searle. After conducting an evidentiary hearing and receiving testimony, the trial court determined that Ms. Searle was incapacitated and appointed Thomas Bellino and Sabal Trust Company as guardians of her person and property. We affirm but write only to address Ms. Searle's ... More...   $0 (09-18-2013 - FL)

Alvin Walker v. R.J. Reynolds Tobacco Company

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal court. Florida smokers and their survivors filed in state court a class action against the major tobacco companies that manufacture cigarettes in t... More...   $0 (09-12-2013 - FL)

Kass Shuler, P.A. v. Carol Barchard

Kass Shuler, P.A., seeks certiorari review of an order by the circuit court, sitting in its appellate capacity, reversing a county court's award of attorney's fees to Kass Shuler. We grant the petition in part and deny it in part.

- 2 -

Kass Shuler filed a mortgage foreclosure suit on behalf of a client. Carol Barchard, who was not the mortgagor, was named as a defendant for the purp... More...
   $0 (08-23-2013 - FL)

Havey C. Brooks, III v. Dawn E. Walker-Brooks

Appellant, Harvey C. Brooks, makes two arguments on appeal. First, that the trial court erred in denying his request to change venue. Second, that the trial court erred in awarding $600 in attorneys’ fees to Michael Weinstock, Appellee’s counsel. Because (i) the trial court held an unnoticed hearing at which only Mr.

2 Weinstock appeared, and (ii) the resulting order did not set forth a... More...
   $0 (08-23-2013 - FL)

J.D.C. v. M.E.H.

J.D.C., the Father, appeals a final judgment of paternity entered in his suit against M.E.H., the Mother. Although we find no error in the parenting plan the trial court fashioned, we agree with the Father that the trial court erred in concluding that the Father engaged in vexatious litigation by challenging the findings and conclusions in a social investigation report. In addition, the trial cour... More...   $0 (08-07-2013 - FL)

A.D., the father of Ke.Q. v. Department of Children and Families

The Appellant, A.D., as the father of Ke.Q., seeks to reverse the trial court’s
final judgment terminating the parental rights of Ke.Q.’s mother. The Appellant

2

argues that he was denied due process when the trial court refused to appoint
counsel for him at the Mother’s termination of parental rights proceedings and as a
result, he was also denied his right to ... More...
   $0 (07-17-2013 - FL)

 
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