ON REMAND JACOBUS, J. We reconsider this matter on remand from the Florida Supreme Court following its decision in Castano v. State, ___ So.3d ___ (Fla.2012), which quashed our decision in Castano v. State, 65 So.3d 546 (Fla. 5th DCA 2011). The Florida Supreme Court has now confirmed that Padilla v. Kentucky, 559 U.S. 356, ___, 130 S.Ct. 1473 , 1483, 176 L.Ed.2d 284 (2010), is not retroactive, but has nonetheless held that this is a case to which Padilla applies. The offense...
ON MOTION FOR REHEARING AND CLARIFICATION, OR REHEARING EN BANC PER CURIAM. LaSalle moves for rehearing and clarification, or rehearing en banc. We deny the motions for rehearing, noting that LaSalle does not challenge this court's reversal of summary judgment. 1 We grant the motion for clarification. For ease of reference, we withdraw our previously issued opinion and substitute the following in its place. This appeal presents two issues. First, we consider whether the trial court...
GERBER, J. The defendant appeals his judgment and sentence for violating his probation. We affirm the judgment without discussion. However, we reverse the sentence. Although the sentence was legally permissible, the circuit court erred in failing to renew the offer of counsel before sentencing. See Capitaine v. State, 58 So.3d 438 , 439 (Fla. 4th DCA 2011) ("Sentencing is a critical stage of a criminal proceeding, and a trial court must renew the offer of counsel even if the defendant has...
MORRIS, Judge. Charleen Skyrme seeks certiorari review of an order denying her motion to amend her and her deceased husband's personal injury complaint to state an action for wrongful death and her motion to substitute herself, as personal representative of her husband's estate, as the plaintiff. We dismiss the petition for lack of jurisdiction. In December 2007, Bobby Skyrme and Charleen Skyrme filed a personal injury action against the tobacco defendants. This was timely filed under Engle...
KHOUZAM, Judge. Paul Witt, the Former Husband, and Tonya A. Witt, the Former Wife, timely appeal and cross-appeal the final judgment of dissolution of marriage. Because the equitable distribution scheme created in the final judgment is unclear, we reverse and remand for the trial court to appropriately delineate its equitable distribution scheme. On remand, the trial court shall also make statutorily required findings regarding alimony. The parties in this case were married on August 17,...
HAWKES, J. This appeal concerns an award of attorney's fees against Thomas C. Staples under section 766.206(2), Florida Statutes (2007). The trial court used section 766.206(2) to award fees for pre-suit costs spent investigating the legitimacy of a medical malpractice claim, as well as for post-suit costs spent litigating entitlement to fees. 1 Staples is challenging that portion of the order awarding post-suit costs, arguing section 766.206(2) only authorizes pre-suit expenses incurred...
PALMER, J. Kissimmee Health Care Associates, LLC, d/b/a Keystone Rehabilitation and Health Center; its administrator, Jose Alicea; and Sea Crest Health Care Management, LLC, (collectively "Keystone") seek certiorari review of the order entered by the trial court denying Keystone's motion to dismiss the complaint filed by Alejandro Garcia. The complaint alleged violations of Florida's nursing home residents' rights under sections 400.022-.023, Florida Statutes (2010). Keystone moved to dismiss...
KHOUZAM, Judge. The State appeals from the trial court's order granting Sharon Laverne McCullough's motion to suppress evidence seized following her arrest. Because the search of McCullough's car was illegal under the United States Supreme Court's holding in Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009), we affirm. McCullough was arrested during a "warrant round-up." The arresting officer executed the warrant after McCullough pulled into her private driveway. She...
PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979).
CORTI AS, J. John Giordano ("Giordano") operates G & G Addiction Treatment, Inc. ("G & G"), a Florida corporation which offers addiction treatment services. In July 2009, a disgruntled recipient of G & G's services went online and posted false and defamatory claims about G & G, identifying Giordano as a convicted felon and claiming, among other things, that the employees of G & G illegally disburse medications and that the facility itself is dangerous. These posts were made on a website...
On motion for rehearing RAMIREZ, J. We deny the appellee's motion for rehearing, but substitute the following opinion for our original opinion. American Safety Casualty Insurance Company appeals from an order denying its motion to dismiss on the basis of improper venue. We reverse because the two insurance contracts which form the basis of the claims against American contain mandatory and enforceable Georgia forum selection clauses. The trial court erred when applying a limited exception to...
PER CURIAM. Affirmed. Not final until disposition of timely filed motion for rehearing.
FERNANDEZ, J. Richard and Valerie Goldblatt appeal a final judgment awarding appellee C.P. Motion, Inc. $4,969,339. The Goldblatts maintain, in part, that the final judgment award is invalid, as it is the product of an unenforceable liquidated damages clause. We agree and therefore reverse on this basis. We affirm the final judgment in all other respects. In November of 1999, Richard Goldblatt and Raymond Weisbein created C.P. Motion, a business that specializes in the distribution of a...
SUAREZ, J. C.W., a juvenile, appeals from an order denying his motion for judgment of dismissal and adjudication of delinquency. We reverse, and remand with instructions to discharge the adjudication of delinquency. 1 C.W. was initially charged with disorderly conduct and resisting arrest without violence. 2 The underlying basis for the arrest was the alleged disorderly conduct, which in turn arose from an uncharged violation of section 316.2045, Florida Statutes (2010), a pedestrian...
EVANDER, J. Winter Park Imports, Inc., d/b/a Lexus of Orlando (WPI), appeals a final order taxing costs (including interest) of $500,263.73 in favor of appellees, JM Family Enterprises, Inc., JM Auto, Inc., JM Auto II, Inc., and Southeast Toyota Distributors, LLC. We affirm, in part, and reverse, in part. WPI initiated the subject litigation by bringing an action against appellees for damages, injunctive relief, and attorney's fees based on alleged violations of the Florida Motor Vehicle...
PER CURIAM. This is an appeal by the State of Florida ("State") from an order quashing counts one through eight and count twelve of the third amended information filed against Appellees, Edward Traylor and Perry Traylor (collectively "Appellees"), in a prosecution brought by the statewide prosecutor. We affirm in part, reverse in part. Appellees were indicted in 2008 in connection with a "downpayment assistance" program operated by Individual Freedom Ministries Church ("IFMC"). Appellees...
PER CURIAM. The issue in this appeal is whether appellant, a non-party to the original action, has standing under Florida Rule of Civil Procedure 1.540(b) to challenge a final declaratory judgment allegedly procured by "fraud" or "collusion." We find that the final judgment directly affected appellant's rights such that he has standing to be heard on the merits of his motion. Appellant and Daniel McCue respectively owned 40% and 60% of appellee Aerovision, LLC. When McCue sold his interest in...
MAY, C.J. This is an appeal from an order approving a guardianship plan. Two of the three appellees concede error. 1 The third appellee ("guardian") has not. We reverse. The guardian filed the guardianship plan with the trial court on April 4, 2011. The Clerk of Court completed its review of the Guardianship Plan and filed its approval on April 26, 2011. The co-trustee, both individually and in her fiduciary capacity, filed an "Objection to Annual Guardianship Plan of Guardian of Person"...
ON MOTION FOR CLARIFICATION AND CERTIFICATION PER CURIAM. Petitioner has moved for rehearing, rehearing en banc, clarification, and for certification of a question of great public importance. The Florida Justice Association has filed an amicus brief raising new issues that were not brought by the parties. The amicus acknowledges that this court cannot decide the case based on its newly-raised arguments. Nevertheless, it asks that this court clarify that the opinion is limited to the...
PER CURIAM. Coconut Grove Station Development, Ltd. ("the tenant") appeals a final judgment following the trial court's rulings on competing motions for partial summary judgment as to the tenant's claims against Miami-Dade County ("the County"), and the County's counterclaim, in which the trial court ruled in favor of the County. The County's motion for summary judgment as to the lease contract and its arguments before the trial court were premised on the County's contention that it had...
