In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...    $0 (07-31-2018 - FL)

Wenxia Man appeals her conviction and sentence for conspiracy to export defense articles without a license or written approval in violation of the Arms Control Export Act, 22 U.S.C. § 2778; see also 22 C.F.R. §§ 121.1, 123.1, 127.1.
Case: 16-15635 Date Filed: 06/06/2018 Page: 1 of 44
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Her appeal requires us to decide whether sufficient evidence supports her conviction, including the d... More...    $0 (06-11-2018 - FL)

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)

Miami, FL - Colombian Citizen Sentenced for his Participation in an International Money Laundering Conspiracy

A Colombian citizen was sentenced to 30 months in prison, to be followed by two years of supervised release for his participation in an international money laundering conspiracy.

Juan Carlos Medina Cardenas, 46, previously pled guilty to one count of conspiracy to commit ... More...    $0 (08-19-2016 - FL)

In 1991, National Car Rental advised law enforcement that Lawrence
Suttles, Jr. had failed to timely return a rental car. Two years later, National filed
1 Section 768.79, of the Florida Statutes (2014), as pertinent here, provides:
(2) . . . An offer must:
. . . .
(b) Name the party making it and the party to whom it is being made.
2 Florida Rule of Civil Procedure 1.4... More...    $0 (05-02-2016 - FL)

Driver went to the restaurant operated by Appellee on the night of December 2, 2011. While there, Driver became intoxicated. Appellee and its employees stopped serving alcohol to Driver at some point in the night
2
and allegedly served Driver water in an effort to “sober her up.” Subsequently, Driver left the restaurant in her vehicle. At some point later that night, she crossed int... More...    $0 (03-12-2016 - FL)

This criminal contempt matter arises from the failure of Respondent Alex
Diaz de la Portilla to appear pursuant to a court order at a hearing on a motion to
hold him in contempt during a dissolution of marriage proceeding. During the
dissolution proceeding, Diaz de la Portilla was ordered to deliver one of two dogs
owned by the couple into the wife’s custody, which he failed t... More...    $0 (11-11-2015 - FL)

Appellant Victoria Jacobs appeals an entry of judgment against her in a civil theft action brought by Appellee Atlantic Coast Refining (“ACRâ€�), a corporation held solely by her former boyfriend, Anthony Arbanas. Among other issues, Appellant argues the trial court erred by admitting evidence of a prior, unrelated motion and settlement agreement. For the reasons set forth below, we agree with A... More...    $0 (05-13-2015 - FL)

Thomas DePrince (“DePrince�) appeals the trial court’s order granting
summary judgment in favor of Starboard Cruise Services, Inc. (“Starboard�) on
DePrince’s claims against Starboard for breach of contract, specific performance,
and conversion. Because we find that disputed issues of material fact remain to be
resolved on all three counts of DePrince’s complaint, we ... More...    $0 (04-08-2015 - FL)

The issue in this case is whether Old Dominion Insurance Company has a duty to defend and indemnify four doctors who are defendants in a third-party
defamation claim, appended to a multi-faceted action for fraud, conversion, civil conspiracy, breach of contract, and other causes of action, being prosecuted by them against the president and founder of a medical practice they all once enjoyed to... More...    $0 (12-05-2014 - FL)

TALLAHASSEE, FLORIDA – McKenzie Deshommes Francois, 22, of Miami, was sentenced to 61 months in prison based upon his guilty plea to charges of conspiring to file false claims, conversion of government property, using unauthorized access devices, and aggravated identity theft. United States District Judge Robert L. Hinkle sentenced Francois to two years in prison for using stolen identities con... More...    $0 (10-17-2014 - FL)

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)

This is an appeal from a final judgment rendered after a bench trial,
resolving disputes between Dr. Michael Burton, the owner of two units in Luani
Plaza in the City of Key West, Florida, and Luani Plaza, Inc., the business owner’s
association (the “Association�) which administers the common areas of Luani
Plaza. We summarily affirm the well-reasoned final judgment of the tr... More...    $0 (10-08-2014 - FL)

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)

5F, LLC, challenges the order granting final summary judgment in favor of Robert Dresing, Sarah F. Dresing, and the Northern Trust Company, trustee for the Michael W. O'Shaughnessy Trust (collectively referred to as the Dresings). The lower
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court found that the Dresings, as riparian land owners, have a common law right to construct a pier on submerged land owned by 5F which abuts the... More...    $0 (07-16-2014 - FL)

Former City of Miami City Attorney Jorge L. Fernandez appeals a final

2

judgment and orders on attorney’s fees and costs entered against him after a nonjury trial. Mr. Fernandez, plaintiff below, sought $274,721 in severance, vacation, and sick leave payments from the City in a breach of contract action. Mr. Fernandez’s lawsuit followed his plea of nolo contendere and adjudicatio... More...    $0 (06-04-2014 - FL)

Appellant Larry C. Cabelka appeals from the trial court’s judgment ordering that Appellee Kelly Eugene Schmaltz2 recover from Cabelka damages of $2,000

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

2Schmaltz did not file a brief in this case, and neither did Eric Schmaltz or Kyle Schmaltz. Eric and Kyle are Kelly’s sons. They did not appear at trial, and no judgment was rendered against them.More...    $0 (05-25-2014 - FL)

We agree with the appellant that it was error for the trial court to have denied the motion to amend with prejudice. An amendment to the complaint identifying the plaintiff as the personal representative and limiting the claims to conversion would relate back and should have been allowed. See Eisen v. Philip Morris USA, 126 So. 3d 323 (Fla. 3d DCA 2013). We affirm the remainder of the trial courtâ... More...    $0 (04-16-2014 - FL)

In this workers’ compensation matter, Sarasota County School Board and Optacomp, jointly the Employer/Carrier (E/C), argue that the Judge of Compensation Claims (JCC) erred for multiple reasons in awarding Kathryn Roberson, Claimant, permanent total disability benefits (PTD) benefits. Finding no error, we affirm the JCC’s order. We write, however, to address one of the E/C’s arguments—that... More...    $0 (04-16-2014 - FL)

This case is before the court on remand from the Florida Supreme Court in Pomfret v. Atkinson, 131 So. 3d (Fla. 2013). The Florida Supreme Court quashed our court’s original decision, see Pomfret v. Atkinson, 53 So. 3d 413 (Fla. 4th DCA 2011), and remanded for further proceedings in light of its decision in DelMonico v. Traynor, 116 So. 3d 1205 (Fla. 2013). DelMonico held that an absolute privil... More...    $0 (04-09-2014 - FL)

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)

Preben Olesen ["Olesen"] appeals a partial final judgment entered against him and in favor of General Electric Capital Corporation ["GECC"], in which the trial court dismissed all claims against GECC for failure to state a cause of action and denied Olesen's ore tenus motion to amend his Second Amended Complaint.

On November 25, 2009, Olesen filed a complaint against Lowndes, Drosdick, Dost... More...    $0 (02-07-2014 - FL)

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

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

Jeff Greene appeals a final judgment and order dismissing his complaint against Times Publishing Company, Miami Herald Media Company, and three reporters for libel. Concluding that the complaint states a legally sufficient cause of action against each defendant, we reverse and remand the case to the circuit court for further proceedings.

I. Parties

Greene was a candidate for nominati... More...    $0 (01-15-2014 - FL)

Raquel Pascoal Williams appeals the District Court’s grant of summary judgment in favor of the U.S. Department of Homeland Security (DHS). The District Court interpreted parts of the Immigration and Nationality Act (INA) to prevent Ms. Pascoal from adjusting her immigration status to become a legal permanent resident. Her appeal raises a novel issue of statutory interpretation: whether the remar... More...    $0 (01-17-2014 - FL)

A claimant harmed by a breach of an escrow agreement can pursue damages against an escrow agent for breach of contract, but damages for civil theft require more than proof of noncompliance with the escrow agreement. In the context of escrow agreements, damages for civil theft require allegations of knowing and intentional wrongful conduct. In this appeal, we address whether the trial court properl... More...    $0 (12-18-2013 - FL)

Appellant h a s moved for rehearing, rehearing e n banc, and certification of conflict. We deny the motion for rehearing and rehearing en banc, but grant the motion for certification of conflict. We withdraw our prior opinion and substitute the following opinion in its place. Ivana Vidovic Mlinar appeals a final order dismissing all of her claims against UPS o n th e ground that the claims were pr... More...    $0 (12-04-2013 - FL)

Craig Toll (“Toll�) appeals from a final Order Granting Renewed Motion for Default and a Final Default Judgment entered against him on the basis of discovery

2

violations. For the reasons that follow, we vacate the Final Default Judgment and remand for an evidentiary hearing.

FACTS AND BACKGROUND

Chris Korge, the plaintiff below, filed an eight-count complaint again... More...    $0 (12-04-2013 - FL)

Bartow Regional Medical Center petitions for certiorari review of an order requiring it to produce certain documents in the underlying medical malpractice action brought by Ollie J. Kirkland. Bartow Regional argues that the circuit court's order departs from the essential requirements of the law, causing it irreparable harm by requiring it to produce privileged documents and other items not subjec... More...    $0 (11-15-2013 - FL)

As a matter of law, the defendants’ unjustified and deliberate denial of access to what all agreed was the plaintiff appellant’s property, a large quantity of

2

“fillâ€� used in road construction, which had been stored on the appellee’s land by mutual agreement, constituted a conversion of that material which required the entry of a judgment in the appellant’s favor for its... More...    $0 (07-24-2013 - FL)

Appellant, Walter E. Headley, Jr., Miami Lodge No. 20, Fraternal Order of Police, Inc. (hereafter “the Unionâ€�), seeks review of a final order of the Public Employees Relations Commission (PERC) dismissing the Union’s unfair labor practice (ULP) charge against the City of Miami (City). The Union argues that (1) PERC erred in determining that the City was facing a “financial urgencyâ€� that ... More...    $0 (07-19-2013 - FL)

Petitioner Karen Capone seeks review of the decision of the Third District Court of Appeal in Capone v. Philip Morris U.S.A. Inc., 56 So. 3d 34 (Fla. 3d DCA 2010), based upon express and direct conflict with the decision of the Second District Court of Appeal in Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.More...    $0 (06-13-2013 - FL)

This appeal is a sequel to an appeal in the same dissolution of marriage case that we decided three years ago. Lilly v. Lilly, 35 So. 3d 1022 (Fla. 5th DCA 2010). In the first appeal this court affirmed an award of rehabilitative alimony to the former wife

2

(Wife). The question presented in the current appeal is whether the trial court properly converted the rehabilitative alimony a... More...    $0 (05-24-2013 - FL)

General Mechanical Corporation (GMC) appeals the trial court’s order denying its motion for attorney’s fees and costs. For the reasons set forth below, we reverse and remand.

In 2009, Mark Williams filed suit against GMC and Peter Tydir, the owner of GMC. The complaint included several counts including breach of contract, unpaid wages, fraud, and conversion. The counts all stemmed from ... More...    $0 (12-17-2012 - FL)

Highway 46 Holdings, LLC ("Highway 46"), appeals from the trial court's non-final order refusing to dissolve a temporary injunction entered in an action filed by Highway 46 against two of its members, Michael and Jacqueline Myers ("the Myerses"). The Myerses filed a counterclaim to the action below and cross-appeal from the same order.1 Highway 46 and the Myerses challenge the validity of the inju... More...    $0 (11-05-2012 - FL)