Florida Appeals Court Decisions Week of December 15 - 19, 2025

Carlton Fields
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Carlton Fields

U.S. Eleventh Circuit Court of Appeals

USA v. Jones - drug, gun crimes; evidence, improper closing; questioning re Miranda
Gantt v. Everett - § 1983, qualified immunity
USA v. Keegan - hearsay, medical diagnosis exception
Creative Choice Homes v. Amtax - partnership agreements, ouster, breach
Nat’l Small Bus v. DOT - Corp Transparency Act, identifying owners, constitutional challenges
Ala NAACP v. Ala Att’y Gen - elections, absentee ballots, gifts, certified questions to Ala SC
Williams v. Shapiro - ERISA, arbitration
Humphreys v. Ga DOC - postconviction relief
Walls v. DOC - postconviction relief

Florida Supreme Court - Tallahassee

No decisions this week

First District Court of Appeal - Tallahassee

Flowers v. State - sentencing

Second District Court of Appeal - St. Petersburg

Bartley Inv v. Menendez - negligence, premises liability, security
Young v. State - Anders, costs
Highsmith v. Britten - rule 1.540, fraud

Third District Court of Appeal - Miami

Marine Design v. All City - late-disclosed evidence, prejudice, concurrence
Miguel v. Miguel - attorney’s fees, sanction, no evidentiary hearing
Stolyar v. Hochstein - disqualification of counsel
Cade v. State - mandamus, sentence, no written order
Robinson v. State - life imprisonment, constitutionality
Geopath v. Espinosa - certiorari, no irreparable harm
Lan v. Est of Ridinger - class claim, agreement to arbitrate
USAA Cas v. MPS Recovery - personal jurisdiction, pure bill of discovery
Broche v. Broche - adoption of proposed order verbatim
Kasowitz v. Kasowitz - domestic violence, injunction
Bair v. Alert - substantial truth doctrine
Diaz v. Universal - post-loss affirmative defenses, no waiver
Magarino v. Bank of NY - insufficient record
Ofer v. Metro Mortg - order to show cause, pro se filings

Fourth District Court of Appeal - West Palm Beach

Sky Aviation v. Aviation Unlimited - limited contract remedies, summary judgment
Herman v. Ewers - appellate preservation, reply brief, JNOV, business value, damages
Guzman v. Fremontsmith - Rule 1.070(j), service of process
Wilson v. Universal Prop - insurance, delayed notice of loss, material breach, prejudice
Cooksey v. Ocean Ridge - dismissal with prejudice, amendment
Friend v. Serpa - AI phantom authority; pro se
New Leaf Assets v. Jerue - contract, reasonable time to perform, ambiguity
Mistivar v. Broward Sheriff - vexatious litigant, s. 68.093
Cohen v. Alkobi - marital dissolution, general magistrate, findings, evidence
Capps v. Capps - marital dissolution, emergency, child protection, due process

Fifth District Court of Appeal - Daytona Beach

Walsh v. Walsh - dissolution, equitable distribution, valuation
Reynolds v. Belk - trip and fall, open and obvious danger, inherent danger, summary judgment
Kidwell Grp v. Citizens Prop Ins - dismissal; homeowner’s insurance, assignment, § 627.7152(2)(a)4.
Harrington v. State - Anders appeal; jurisdiction, notice of appeal, ministerial resentencing
DeBenedictis v. State - postconviction relief
Bazinet v. Pinkerton - child custody, modification, time-sharing, school designation

Sixth District Court of Appeal - Lakeland
Frazier v. Cook - preservation, lack of record
Ward v. State - sentencing, harmless error
Geico v. Yvars - proposal for settlement, attorneys’ fees
Barros v. Mahmoud - preservation, lack of record


The provided links above may be available for a limited time only, as courts sometimes relocate opinions on their websites. Should that occur, please use the “written opinions archive” links provided below each court header to search for the opinion using the case name. The availability of opinions through these channels may vary and is subject to the discretion of the courts.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Carlton Fields

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