M ORE L AW
LEXAPEDIA
Home
Verdicts
and
Decisions
Search Database
Recent Cases
Cases By Subject
Report A Case
Lawyers
Search Directory
By State & City
Add A
Lawyer Listing
Court
Reporters
Recent Listings
Search
By States & City
Add A Basic
Reporter Listing
Expert
Witnesses
Recent Listings
Search Directory
By State & Expertise
Add A Basic
Expert Witness
Listing
MoreLaw
Store
The Store
Recent Listings
(Search)
Add A Basic
Classified Ad
Links
County Seats
State Links
Information
About MoreLaw
Contact MoreLaw


Florida Due Process Law
 
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)

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)

 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2012 MoreLaw.com, Inc.