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Florida Due Process Law
 
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 state... 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)

Florida Insurance Guaranty Association, Inc. v. Tammy Bernard

Florida Insurance Guaranty Association, Inc. (FIGA), appeals the final summary judgment ordering it to pay approximately $237,000 directly to Tammy Bernard for sinkhole loss to her home. FIGA argues that the trial court erred in determining that its liability for this loss was governed by the 2010 definition of “covered claim” in section 631.54(3), Florida Statutes, rather than the more restri... More...   $0 (05-18-2014 - FL)

Seminole Tribe of Florida v. State of Florida Department of Revenue

This appeal requires us to decide whether the sovereign immunity of Florida, as confirmed by the Eleventh Amendment, U.S. Const. Amend. XI, bars a federal complaint by an Indian tribe against the Florida Department of Revenue and its Executive Director for a declaratory judgment that the tribe is exempt from paying a Florida tax on fuel and for an injunction requiring a refund of taxes paid. The S... More...   $0 (05-05-2014 - FL)

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)

 
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