Appellate Decisions & Summaries

State of Florida v Jermaine Littles 68 So.3d 976 (Fla. 5 th DCA 2011) - Reversed and remanded. The District Court of Appeal found that the trial court erred in suppressing the evidence of Little's arrest because the defendant's arrest was supported by probable cause. Order reversed on appeal and remanded to the trial court for further proceedings.

Sami Osta v State of Florida 880 So.2d 804 (Fla. 5 th DCA 2004) - Affirmed. The District Court of Appeal found that the evidence supported the trial court's finding that defendant wilfully refused to pay restitution thus violating his conditions of probation.

Jerome Henkin v State of Florida 379 So.2d 1042 (Mem) (Fla. 4 th DCA 1980 ) - Per Curiam Remanded to the trial court with directions that the three year probationary term imposed be reduced to one year.

Michael Vancas and Steven Knight v State of Florida 377 So.2d 1000 (Fla. 4 th DCA 1979) - Per Curiam Affirmed. The District Court of Appeal found that the trial court was ultimately correct in denying the defendant's motion to suppress and motion to dismiss. However, the District Court of Appeal advised the trial court was mistaken in its belief that it did not possess the authority to compel police authorities within the court's jurisdiction to preserve potential items of evidence.

State of Florida v Walter Hilliard and Robert Critcher 409 So.2d 211 (Fla. 4 th DCA 1982) - Per Curiam Affirmed. The District Court of Appeal found that the order dismissing the information based on the state's violations of discovery rules should be upheld. The defendants charges were dismissed.

State of Florida v Raymond Hodges, Edwin Emerson, and Larry Ross 415 So.2d 799 (Mem) (Fla. 4 th DCA 1982) - Per Curiam. The State vacated an earlier order of dismissal in order to re-enter the same order with a later date in order to file a timely appeal. The District Court of Appeal found no legal basis in the State's actions and therefore vacated the former order to reinstate the earlier order of dismissal, ensuring that the defendant's charges were dismissed and the State was unable to appeal.

State of Florida v Nelson Townsend 377 So.2d 1171 (Mem) (Fla. 1979) - Per curiam reversed. This case is remanded for further proceedings consistent with the District Court of Appeal reversing the basis on which the trial court ruled.

State of Florida v Bartholomen Constantino and Santo Monfre 397 So.2d 1139 (Mem) (Fla. 1981) - Per Curiam Reversed. The District Court of Appeal reversed the Circuit Court's decision to grant defendant's motion to dismiss, and the cause is remanded for further proceedings.

State of Florida v Sidney O'Quinn 384 So.2d 287 (Fla. 4 th DCA 1980) - Reversed and remanded . The District Court of Appeal found there was no violation of speedy trial, and the issue is remanded to the lower court for further proceedings.

State of Florida v Richard Rendina 467 So.2d 734 (Fla. 4 th DCA 1985) - Writ granted; order quashed. Cause remanded with instructions that the circuit court direct DeBock to testify pursuant to the state's subpoena.

Christopher DeBock v State of Florida 512 So.2d 164 (Fla. 1987) - Decision of district court approved: the witness seeking immunity from bar discipline is the one who has the burden of obtaining it from the Supreme Court of Florida.

James Blazekovich v State of Florida 390 So.2d 480 (Fla. 4 th DCA 1980) - Defendants appealed from judgments and sentences entered in the Circuit Court after the court denies their motion to suppress and motion to discharge. The District Court of Appeal did not find any error in the trial court's actions.

Cleveland Hanks v State of Florida 43 So.3d 917 (Fla. 2 nd DCA 2010) - Defendant was convicted of aggravated battery. Defendant appealed, and the District Court of Appeal found the trial court erred in providing jury instructions. The judgment was reversed and cause remanded for new trial.

Nancy Engel v DHSMV 12 Fla. L. Weekly Supp. 1010b (Fla. 7 th Cir. 2005 ) - The Court denied the defendant's petition for writ of certiorari and found that there was no violation of the defendant's right to due process.

State of Florida v Colton Ellis (Fla. 5 th DCA 2015) - Per Curiam Affirmed. The District Court of Appeal affirmed the decision of the trial court that the defendant was Not Guilty on charges of Using a Computer to Solicit a Child, Travelling to Meet a Minor, and Using a 2-Way Communication Device to Commit a Felony.

Robert Norman Rodrigue v State of Florida 481 So. 2d 24 (Fla. 5 th DCA 1985) - Affirmed. The District Court of Appeal held that defendant's violation of probation within six hours after being placed on probation warranted departure sentence of 48 months imprisonment.

James Baxter v State of Florida 488 So.2d 647 (Fla. 5 th DCA 1986) - Conviction affirmed; sentence vacated and cause remanded for resentencing. The District Court of Appeal found that the trial court's reliance on certain tenuous and unrelated facts in order to determine sentencing was in error. Therefore, the sentence is vacated and cause remanded to impose the recommended sentence or one within guidelines.

State of Florida v Kenneth Milo 596 So. 2d 722 (Fla. 5 th DCA 1992) - Affirmed . The District Court of Appeal held that dismissal of charges was warranted by state's intentional destruction of witness' first statement and obtaining of second, different, statement from witness.

Brian Weiner v State of Florida 562 So.2d 392 (Fla. 5 th DCA 1990) - Affirmed. The District Court of Appeal held that defendant could not challenge sentence imposing probation on the grounds that it represented a downward departure from sentencing guidelines.

Benjamin Kollmer v State of Florida 977 So.2d 712 (Fla. 1 st DCA 2008) - Reversed and remanded with directions. The District Court of Appeal found that the officers exceeded the scope of a lawful investigatory stop, in violation of appellant's Fourth and Fourteenth Amendment rights. Therefore, the court's order denying motion to suppress is reversed and the case is remanded with directions to trial court to vacate appellant's conviction pursuant to the plea.

State of Florida v Young, Taylor, Burton, Craft, Franchini, Parnell 484 So.2d 31 (Fla. 5 th DCA 1985) - State petitioned for a writ of certiorari. The District Court of Appeal, granting the writ, held that the warning given was not so misleading as to render the results of the chemical breath test inadmissible. Order quashed and the cause was remanded for further proceedings.

Joseph Craft v State of Florida 517 So.2d 691 (mem) (Fla. 1988) The Supreme Court of Florida accepted jurisdiction to review State v Young (referenced above) because of apparent conflict. However, the Court did not find express and direct conflict of decisions. Therefore, the petition for review was dismissed.

Steven Aernam v State of Florida 23 Fla. L. Weekly D1960a (Fla. 5 th DCA 1998) - Per Curiam Affirmed. The defendant appeals the trial court's order summarily denying his motion for postconviction relief. The District Court of Appeal affirms the order denying defendant's claim for postconviction relief with prejudice to refile a motion.

Accredited Surety & Casualty Company, Inc. v Frederick Leonhardt 417 So.2d 320 (Mem) (Fla. 5 th DCA 1982) - Reversed and Remanded. The District Court of Appeal found that the trial judge, a county judge, had no authority to sit as a circuit judge in this circuit court case. The judgement is reversed and this cause is remanded for proper proceedings.

Richard Khalaf v City of Holly Hill, a Florida municipal corporation 652 So.2d 1246 (Fla. 5 th DCA 1995) - Per Curiam Reversed and Remanded. The District Court of Appeal reversed the trial court's order dismissing this action with prejudice. It is remanded for further proceedings.

Timothy Miller v Hon. James Nelson 550 So. 2d 1193 (Fla. 5 th DCA 1989) - Petition Granted. Writ Issued. Petitioner sought mandamus to compel the trial court to enter a final judgement so that he may appeal a judgement for costs entered against him after an adverse jury verdict. The write is issued and the trial judge is directed to enter final judgement, thereby enabling the petitioner to pursue an appeal.

A.T.S. Melbourne, Inc. v Edward Jackson as Circuit Judge of the Eighteenth Judicial Circuit in and for Brevard County, Florida 473 So. 2d 280 (Fla. 5 th DCA 1985) - Per Curiam Issue Writ; Remand. Petitioner sought a writ of prohibition from the court to disqualify a trial judge from further participation in a pending lawsuit. The District Court of Appeal found the petitioner's argument legally sufficient to require recusal of the trial judge in this case. Writ of prohibition is granted and the case is remanded for further proceedings.

DHSMV v Cindy Ciresi 91 So. 3d 260 (Mem) (Fla. 5 th DCA 2012) - Per Curiam. The circuit court departed from the essential requirements of law in awarding attorney's fees. Petition for writ of certiorari is granted and circuit court's final judgement is quashed.

Cindy Ciresi v DHSMV 108 So.3d 654 (Fla. 2013) - Petition for writ of certiorari is denied.

James Brady v DHSMV 20 Fla. L. Weekly Supp. 1107b (Fla. 7 th Cir. 2012) - The Court granted an amended petition for writ of certiorari and found that the administrative findings and judgment made by the Hearing Officer are not supported by competent substantial evidence. Therefore, the finding and dictions made by the Hearing Officer is quashed.

Taylor Thomas v DHSMV 20 Fla. L. Weekly Supp. 8a (Fla. 7 th Cir. 2012) - The defendant's petition for writ of certiorari is denied. The Court found that merely asserting that the intoxilyzer machine was out of compliance some time after the date of Petitioner's breath test is insufficient to overcome the presumption of compliance.

Charles Gadson v DHSMV 18 Fla. L. Weekly Supp. 497a (Fla. 7 th Cir. 2010) - The Court issued an amended order granting defendant's petition for writ of certiorari. The Department's final order upholding the driver's license revocation is quashed, and the Department is directed to set aside the permanent revocation of client's driving privilege.

CKN Airways, Inc. and John Ostgard v Flagler County, FL 441 So.2d 1103 (Fla. 5 th DCA 1983) - Reversed and Remanded. The District Court of Appeal found that the circuit court was in error in denying the repeated demand by the defendants (our client - CKN Airways) for a jury trial. The judgement is reversed and the cause is remanded for jury trial.

State of Florida DHSMV v William Meck 468 So.2d 993 (Fla. 5 th DCA 1984) - Writ denied. The Department petitioned for a writ of certiorari. The District Court of Appeal held that conviction for driving while license suspended cannot be counted as part of convictions needed to revoke a driver's license under the habitual traffic offender statute. The ambiguity in the law was resolved in favour of the client, Meck.

Sherry Spaulding v Estate of Seth Frey 666 So.2d 935 (Fla. 5 th DCA 1995) - Affirmed. The District Court of Appeal held that a motion to dissolve a temporary injunction and an appeal from a trial court's order denying a motion to dissolve constitute an improper attempt to evade a court order.

Frank Napolitano and Gaetanina Napolitano v Security First Federal Savings and Loan Association 533 So.2d 948 (Fla. 5 th DCA 1988) - Reversed and remanded. The District Court of Appeal found that the Circuit Court erred in granting summary judgement against the Napolitanos. The client's case was returned to the circuit court so that the client could take advantage of fair proceedings.

Richard Niesz v Arthur Gehris 418 So.2d 445 (Fla. 5 th DCA 1982) - Reversed and remanded. The Circuit Court ordered that the purchaser receive credit against purchase money mortgages for vendor's breach of sales contract covenant. The transferee appealed. The District Court of Appeal found that the trial court erred in attempting to offset liability for breach of contract against the indebtedness owed Niesz on the purchase money mortgages. Judgement reversed and cause remanded for entry of judgment in favour of buyer, Niesz.

Arthur Gehris v Richard Niesz 427 So.2d 736 (Fla. 1983) - Petition for review denied.

Avalon Legal Information Services, Inc. v Gerard Keating 110 So.3d 75 (Fla. 5 th DCA 2013) - Affirmed in part and remanded with directions. The District Court of Appeal affirmed the trial court's order grating the temporary injunction in favour of the client, Keating. The matter was remanded with directions to trial court to modify and narrow the terms of injunction.

Student Alpha ID GUJA v The School Board of Volusia County and Seminole County, FL 616 So.2d 1011 (Fla. 5 th DCA 1993) - Affirmed. High school student appealed from a decision suspending her for possession of marijuana on campus. The District Court of Appeal found that the suspension did not violate the student's due process and thus the ruling of the lower court is affirmed.

DHSMV v Walter Snell 832 So.2d 177 (Fla. 5 th DCA 2002) - Petition granted, order quashed, remanded with directions. Certiorari is granted and the circuit court's order granting relief of respondent's drivers license suspension and remand cause for further proceedings.

DHSMV v Jesse Pelham 979 So.2d 304 (Fla. 5 th DCA 2008) - The District Court of Appeal found the hearing officer had authority to consider the lawfulness of motorist's arrest. The petition was denied and the defendant's license suspension remained lifted due to the unlawful nature of the arrest.

DHSMV v Craig Wiggen 152 So. 3d 773 (Fla. 5 th DCA 2014) - The District Court of Appeal held that substantial evidence supported hearing officer's finding that drive was impaired, warranting suspension of license. The District Court of Appeal granted petition to review the case.

Steven Phelps v DHSMV 17 Fla. L. Weekly Supp. 1167a (Fla. 7 th Cir. 2010) - Defendant petitioned the court to review the decision by a Hearing Officer affirming a permanent revocation of driving privilege. The petition was granted and the Court ordered that the permanent revocation entered by the Department should be set aside.

Theresa Lucas v DHSMV 1 Fla. L. Weekly. Supp. 6b (Fla. 7 th Cir. 1992 ) - The Circuit Court granted defendant's petition for writ of certiorari and ordered the respondent to restore the client's driving privileges.

Nellie Solomon v DHSMV 2 Fla. L. Weekly Supp. 133a (Fla. 7 th Cir. 1993) - The Circuit Court denied defendant's petition for writ of certiorari and found the hearing officer's decision regarding defendant's driving privileges supported by competent substantial evidence.

Margaret Toro v DHSMV 6 Fla. L. Weekly Supp. 239a (Fla. 7 th Cir. 1999) - The Court denied petitioner's writ of certiorari. The Court found that procedural due process was accorded, and the hearing officer did not err in overruling petitioner's objection.

Adam Bremer v DHSMV 18 Fla. L. Weekly Supp. 15a (Fla. 7 th Cir. 2010 ) - The Court granted defendant's petition for writ of certiorari and ordered the DHSMV to remove the suspension from Bremer's driving record and reinstate driving privilege.

William Freeman v DHSMV FLWSUPP 2208 (Fla. 7 th Cir. 2014) - The Court granted defendant's petition for writ of certiorari and found that the lawfulness of the stop which led to criminal charges was in question. The officer did not have reasonable suspicion to conduct a traffic stop; therefore, the Court quashed the order sustaining the suspension of client's driving privilege. Client's driving privilege was reinstated.

Leonard Del Percio v The City of Daytona Beach 449 So.2d 323 (Fla. 5 th DCA 1984) - The District Court of Appeal held that the city ordinance was vague, overbroad, and not fairly enforceable and thus was unconstitutional.

City of Daytona Beach v Leonard Del Percio 476 So.2d 197 (Fla. 1985) - District Court decision that the local ordinance is vague was quashed; case remanded for further action in accordance with this opinion.

Foresight Enterprises, Inc., John Ostgard and CKN Airways, Inc. v Leisure Time Properties, Inc. 466 So.2d 283 (Fla. 5 th DCA 1985) - Defendants appealed from judgment entered assessing damages for wrongful detention of aircraft. The judgment was reversed for retrial on the issue of damages.

DHSMV v Dustin Whitley 846 So.2d 1163 (Fla. 5 th DCA 2003 ) - DHSMV issued an order suspending defendant's driver's license based on arrest for DUI. The Circuit Court quashed this order. The District Court of Appeal granted petition for writ of certiorari and the circuit court order was quashed.

DHSMV v Nils Futch (Fla. 5 th DCA 2014) - The DHSMV seeks review of order quashing the affirmation of suspension of Futch's driver's license. District Court of Appeal grant petition for writ of certiorari, quash the order of the circuit court, and remand for further proceedings consistent with this opinion. Appeal pending with the Florida Supreme Court.

State of Florida v Daniel Madzel (Fla. 5 th DCA) - unpublished disposition Per Curiam Affirmed. The District Court of Appeal found that the trial court correctly granted the Defendant's Motion to Suppress which disallowed all evidence seized, including the result of field sobriety exercises and intoxilyzer tests.

Montrell Johnson v State of Florida 53 So.3d 360 (Fla. 5 th DCA 2011) - The defendant was convicted of aggravated battery with a firearm, and the court denied defendant's motion to correct sentencing error. Defendant appealed, and the District Court of Appeal found that the jury erred in imposing a mandatory minimum sentence of twenty-five years. The matter was remanded for resentencing.

Wiliam Mouro v DHSMV 15 Fla. L. Weekly Supp. 8a (Fla. 7 th Cir. 2007) - The Court denied defendant's motion for writ of certiorari and ruled that despite the lack of clarity in the record, competent substantial evidence still existed for the hearing officer to make a ruling.

Bernard Cain v DHSMV 15 Fla. L. Weekly Supp. 7a (Fla. 7 th Cir. 2007) - The Court granted defendant's petition for writ of certiorari and reviewed the decision by Hearing Officer affirming an order suspending the petitioner's driving privilege. Therefore, the decision entered by the Hearing Officer is quashed.

Christopher Gamache v DHSMV 14 Fla. L. Weekly Supp. 118 b (Fla. 7 th Cir. 2006) - The Court granted defendant's petition for writ of certiorari and ordered that the Department's Final Order of License Suspension is quashed.

East Orlando Dental PA and The Hartford v Pamela Porter 986 So.2d 605 (Fla. 1 st DCA 2008) - Per Curiam Affirmed. The District Court of Appeal upheld the judgment of the trial court in favor of the client who received compensation for carpal tunnel.

Pinnacle Benefits, Inc. and Craftwork, Inc. v August Alby 913 So.2d 756 (Fla. 1 st DCA 2005) - Affirmed. Employer sought review of decision granting workers' compensation benefits for medical procedures, attorney fees, and costs. The District Court of Appeal affirmed the decision granting the client these benefits.

Louis Santonino v Yelvington Transport, Inc. 980 So.2d 514 (Fla. 5 th DCA 2008) - Per Curiam Affirmed. Circuit court granted summary judgment against Santonino. Santonino appeal, and the District Court of Appeal upheld the lower court's ruling.

Jodi Ascherman v State of Florida 18 Fla. L. Weekly Supp. 253a (Fla. 7 th Cir. 2010) - The Court reversed the findings of the lower court and remanded the matter back to trial court to vacate the conviction and dismiss the charge.