author: PER CURIAM.

text:
    IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 17-04.
    No. SC17-1136
    Supreme Court of Florida.
    [November 22, 2017]
    Rebecca Mercier Vargas, Chair, Supreme Court Committee on Standard Jury Instructions in Civil Cases, West Palm Beach, Florida; and Laura K. Whitmore, Vice Chair and Subcommittee Chair, Filing Subcommittee of the Supreme Court Committee on Standard Jury Instructions in Civil Cases, Tampa, Florida, for Petitioner
   PER CURIAM.

The Supreme Court Committee on Standard Jury . Instructions in Civil Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amendments to instructions 403.17 (Burden of Proof on Main Claim); 408.2 (Summary of Claims or Contentions); 409.10 (Burden of Proof on Main Claim); 415.4 (Retaliation; Adverse Employment Action); 415.5 (Protected Activity); 415.10 (Issues on Plaintiffs Claim); 415.12 (Unlawful Retaliation Damages); and Model Verdict Form 4. The Committee’s proposals were published in The Florida Bar News and no comments were received that addressed the Committee’s proposals, which are technical in nature, straightforward, and non-controversial,

Having considered the Committee’s report, we authorize the- amended instructions and model verdict form, as set forth in the appendix to this opinion, for publication and use. New language is indicated by underlining, and deleted language is indicated by struck-through type. In authorizing the publication and use of these instructions and verdict form, we express no opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions. We further caution all interested parties that any comments associated with the instructions reflect only the opinion of the Committee and are not necessarily indicative of the views, of this Court as to their correctness or applicability. The instructions as set forth in the appendix shall become effective when this opinion becomes final.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

APPENDIX

403.17 BURDEN OF PROOF ON MAIN CLAIM

If the greater weight of the evidence does not support [one or more of] (claimant’s) claim[s], your verdict should be for (defendant(s)) [on [that] [those] claim(s) ].

[However, if the greater weight of the evidence supports [one or more of] (claimant’s) claim[s], then your verdict should be for (claimant) and against (defendant) [on [that] [those] claim(s) ].]

[However, if the greater weight of the evidence supports (claimant’s) claim' against one or [both] [more] of the de» fendants, then you should decide and write on the verdict form the percentage of the total fault of [both] [all] defendants that was caused by each of them.].

NOTE ON USE FOR 403.17

Use the first paragraph in all cases. If there is an affirmative defense to the claim, do not use either of the bracketed paragraphs; instead turn to instruction 403.18. If there is no affirmative defense, use the first or second bracketed paragraph depending on -whether there -is' one defendant or more than one.

■408.2 SUMMARY OF CLAIMS OR CONTENTIONS

The claims [and defenses] in this case are as follows. (Claimant) claims that (defendant) intentionally interfered with (claimant’s) [contract] [or] [business relations] with (name) which caused harm to (claimant).

(Defendant) denies that claim [and also claims that (déscribe any affirmative defenses).].

The parties must prove all claims [and defenses] by the greater weight of the evidence. I will now define some of the terms you will use in deciding this case.

409.10 BURDEN OF PROOF ON MAIN CLAIM

If the greater weight of the evidence does'not support [one or more of] (claimant’s) claim[s], your verdict should be for (defendant) [on [that] [those] claimts]].

[However, if the greater weight of the evidence supports [one or more of] (claimant’s) claimts], then your verdict should be for (claimant) and against (defendant) [on [that] [those] claimts]].]

NOTE ON USE FOR 409.10

Use the second paragraph- if there are no defense issues. If there are defense issues, omit the second paragraph and go to instruction 409.11.

415.4 RETALIATION; ADVERSE EMPLOYMENT ACTION

Retaliation means., [discharging]. [or] [demoting] [or] [suspending] [or] [taking certain adverse employment action against] an employee because the employee engaged in [a] protected activity] [ies].4

[An adverse employment action is retaliation if it affects the terms and conditions of employment and would discourage a reasonable employee in [(claimant’s)] position from engaging in [a] [protected activity] [ies].]

NOTES ON USE FOR 415.4

1. The definitions of retaliation and adverse employment action are derived from F.S. 448.101(5) and case law. Donovan v. Broward Cnty. Bd. of Comm’rs, 974 So.2d 458, 460 (Fla. 4th DCA 2008) (adverse employment action is action which would discourage reasonable employee from making or supporting' charge of discrimination).

2. Use the second paragraph of this instruction when plaintiff claims that the defendant imposed an adverse employment action other than or in addition to discharge, .suspension or demotion.

415.5 PROTECTED ACTIVITY Protected activity is:

[disclosing] [or] [threatening to disclose] to (appropriate governmental agency), under oath, in writing, an activity, policy or practice of (defendant) that violated (describe law, rule or regulation)] [or]

[providing information to] [or] [testifying before] (appropriate governmental agency, person or entity), which was conducting an [investigation,] [hearing] [or] [inquiry] into an alleged violation of (describe law, rule - or regulation) by (defendant)] [or]

activity, policy, or practice that violated (describe law, rule, or regulation)] [or] [refusing to participate in (defendant’s) activity, policy or practice that violated (describe law, rule, or regulation) ] [or] [would have violated] (describe law, rule or regulation), had (plaintiff) participated,!

NOTES ON USE POR 415.5

1. The bracketed language is derived from F.S. 448.102(1), (2) and (3).

2. As to whether, under F.S. 448.102(3), a claimant must prove an actual violation of law as opposed to a reasonable, good faith belief that a violation of law has occurred, all three federal district courts sitting in Florida have held that the plaintiff must prove an actual violation of law. See, e.g., Paulet v. Farlie, Turner & Co., LLC, 2010 WL 2232662, at *2 (S.D. Fla. June 2, 2010); Smith v. Psychiatric Solutions, Inc., 2009 WL 903624, at *7 (N.D. Fla. Mar. 31, 2009); White v. Purdue Pharma, Inc., 369 F.Supp.2d 1335, 1336 (M.D. Fla. 2005); but see Padron v. Bell-South Telecomms., Inc., 196 F.Supp.2d 1250, 1255 (S.D. Fla. 2002) (in dicta, court noted that plaintiffs reasonable belief that violation of law occurred is sufficient).

415.10 ISSUES ON PLAINTIFF’S CLAIM

The law prohibits an employer from retaliating .against an employee for engaging in protected activity.

The [next] issue(s) you must decide on the claim of (claimant) against (defendant) are whether (defendant) retaliated against (claimant) by [discharging] [suspending] [demoting] [him] [her] [or] [(describe adverse employment action)] because (claimant) engaged in protected activity and, if so, whether the [discharge] [suspension] [demotion] [orí] [-(-describe adverse employment-action) ] [ (describe adverse employment action)] was a legal cause of [loss] [injury] or [damage] to (claimant).

NOTE’ ON USE FOR 415.10

If there are issues concerning vicarious liability that require a preemptive instruction or jury resolution, seé (and modify, as necessary) instructions 401.13, 401,14,. and 401.17.

415.12 UNLAWFUL RETALIATION DAMAGES

If you find for (defendant), you will not consider the matter of damages. But if you find for (claimant), you should award (claimant) an amount of money that the greater weight of the evidence shows will fairly and adequately compensate [him] [her] for such damage, including any such damage as (claimant) is reasonably certain to incur in the future. You shall consider the following elements:

[any] [the difference between] lost wages and benefits to the date of trial [and what (claimant) earned during that time].
[any wages and benefits to be lost in the future,]
(other compensatory damages allowable at law.)
[any emotional pain and mental anguish experienced in the past or to be experienced in the future. There is no exact standard for measuring such damages. The amount should be fair and just in the light of the evidence.]

NOTES ON USE FOR 415.12

1. As to whether future lost wages, (ie., -“front pay”) are awardable in a jury trial pursuant to F.S. 448.103(2), see U.S. E.E.O.C. v. W & O, Inc., 213 F.3d 600, 619 (11th Cir. 2000) (front pay is equitable remedy in Title VII case and is not decided by jury); O’Neal v. Fla. A&M Univ., 989 So.2d 6 (Fla. 1st DCA 2008) (under Florida’s Whistle-blower Act, front pay is equitable relief).

2. As to whether emotional damages are awardable in a jury trial pursuant to F.S. 448.103(2), see McIntyre v. Delhaize America, Inc., 2009 WL 161708 (M.D. Fla. January 22, 2009) and Wood v. Cellco P’ship., 2007 WL 917300 (M.D. Fla. March 23, 2007) (damages for emotional distress recoverable in whistle-blower action pursuant to F.S. 448.103); Scott v. Otis Elevator Co., 572 So.2d 902 (Fla. 1990) (damages for emotional distress recoverable in retaliatory discharge action pursuant to provision of workers’ compensation act, F.S. 440.205).

FORM 4. MODEL FORM OF VERDICT FOR STATUTE OF LIMITATIONS DEFENSE IN A MEDICAL NEGLIGENCE CASE

VERDICT

We, the Jury, return the following verdict:

1. Was there negligence on the part of (defendant) which was a legal cause of [loss] [injury] [or] [damage] to (claimant)?

YES_

NO_

If your answer to question 1 is NO, your verdict is for (defendant) and you should not proceed further except to date and sign this verdict form and return it to the courtroom. If your answer to question 1 is YES, please answer question 2.

2. Did (claimant) know, or by the use of reasonable care should [he] [she] have known, on or before (date), that (claimant or person for whose injury or death claim is made) had sustained injury or damage and that there was a reasonable possibility that the injury or damage was caused by medical negligence?

YES_

NO_

If your answer to question 2 is YES, then your verdict is for (defendant) and you should not proceed further except to date and sign the verdict form and return it to the courtroom. If your answer to question 2 is NO, please answer question 3.

3. Was there negligence on the part of (claimant) which was a legal cause of [his] [her] [loss] [injury] [or] [damage]?

YES

NO

If your answer to question 3 is YES, please answer question 4. If your answer to question 3 is NO, skip question 4 and proceed to question 5.

4, State the percentage of any negligence which was a legal cause of [loss] [injury] [or] [damage] to (claimant) that you charge to:

(defendant)

%

fplamtiffclaimant)

%

Total must be 100%

Please answer- question-5.

In determining the amount of damages, do not make any reduction because of the negligence, if any, of (claimant) (decedent) or the [negligence] [(specify other type of conduct)], if any, of (identify additional person(s) or en-tit(y)(ies)). If you find that (claimant) (decedent) or (identify additional person(s) or entit(y)(ies)) [was] [were] negligent [or at fault], the court in entering judgment will make an appropriate reduction in the damages awarded.

Please answer question 5.

Select the appropriate damage questions from Forms 2(a) and (b).

SO SAY WE ALL, this _ day of -,2-

FOREPERSON


source: Caselaw Access Project

license: Public Domain

text:
    Terry Dewayne GIDEON, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0431
    District Court of Appeal of Florida, First District.
    Opinion filed February 22, 2017.
   Petition Alleging Ineffective Assistance of Appellate Counsel—Original Jurisdiction.

Denied.


text:
    Torey JENKINS, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0383
    District Court of Appeal of Florida, First District.
    Opinion filed February 22, 2017.
    Rehearing Denied April 4, 2017
   Petition Alleging Ineffective Assistance of Appellate Counsel—Original Jurisdiction.

Denied.


text:
    Clary Dwight JAMISON, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0381
    District Court of Appeal of Florida, First District.
    Opinion filed February 22, 2017.
   Petition for Writ of Habeas Corpus-Original Jurisdiction.

Denied.


text:
    Derek Leon WALTERS, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0243
    District Court of Appeal of Florida, First District.
    Opinion filed February 22, 2017.
   Petition for Writ of Habeas Corpus-Original Jurisdiction.

DISMISSED.


text:
    Anthony Dale CARTER, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D16-5804
    District Court of Appeal of Florida, First District.
    Opinion filed February 22, 2017
    Rehearing Denied April 4, 2017
   Petition Alleging Ineffective Assistance of Appellate Counsel—Original Jurisdiction.

Denied.


text:
    Michel D. DEPRIEST, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D16-5491
    District Court of Appeal of Florida, First District.
    Opinion filed February 22, 2017.
   Petition for Writ of Mandamus—Original Jurisdiction. -

Denied.


text:
    Michael CURTIS, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0102
    District Court of Appeal of Florida, First District.
    Opinion filed February 22, 2017.
   Petition Alleging Ineffective Assistance of Appellate Counsel—Original Jurisdiction.

Denied,


text:
    Julius HILTON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-3880
    District Court of Appeal of Florida, First District.
    Opinion filed February 23, 2017.
   An appeal from an order of the Escam-bia County Circuit Court. Jonathon Miller, Judge.

AFFIRMED.


text:
    Richard LOBERGER, Appellant, v. DEL-JEN, INC., Appellee.
    CASE NO. 1D16-2819
    District Court of Appeal of Florida, First District.
    Opinion filed February 23, 2017
   An appeal from the Circuit Court for Bay County. Hentz McClellan, Judge.

AFFIRMED.


text:
    Willie Lee HARPER, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.
    CASE NO. 1D16-2520
    District Court of Appeal of Florida, First District.
    Opinion filed February 23, 2017.
    Rehearing Denied April 28, 2017
   An appeal from the Circuit Court for Leon County. John C. Cooper, Judge.

AFFIRMED.


text:
    George JOSEPH, Appellant, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION and His House, Inc., Appellee.
    CASE NO. 1D16-2255
    District Court of Appeal of Florida, First District.
    Opinion filed February 23, 2017.
   An appeal from an order of the Reemployment Assistance Appeals Commission.

AFFIRMED;


text:
    Nathan J. MACK, Appellant, v. Julie L. JONES, Secretary, Florida Department of Corrections, Appellee.
    CASE NO. 1D16-2125
    District Court of Appeal of Florida, First District.
    Opinion filed February 23, 2017.
   An appeal from the Circuit Court for Leon County. George S. Reynolds, Judge.

AFFIRMED.


text:
    Jerry GALLION, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D15-4996
    District Court of Appeal of Florida, First District.
    Opinion filed February 23, 2017
   An appeal from the Circuit Court for Duval County. Mallory D. Cooper, Judge.

AFFIRMED.


text:
    Lawrence Michael GORDON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-1558
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017.
   An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge.

AFFIRMED.


text:
    Larry Ronell SALTER, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-1403
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017
   An appeal from the Circuit Court for Escambia County. Thomas V. Dannheis-ser, Judge.

AFFIRMED.


text:
    SOUTH PALAFOX PROPERTIES, LLC, a Florida Limited Liability Company, Appellant, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.
    CASE NO. 1D15-2949
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017.
   An appeal from the Department of Environmental Protection. Jonathan P. Stever-son, Interim Secretary.

AFFIRMED.


text:
    Waylon Dwight GANEY, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D14-5947
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017
   An appeal from the Circuit Court for Okaloosa County. Michael Flowers, Judge.

AFFIRMED.


text:
    Christopher Lee BURKETT, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-4381
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017.
   An appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge.

AFFIRMED.


text:
    Juan RIVERA, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-3840
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017
   An appeal from the Circuit Court for Duval County. Marianne L. Aho, Judge.

AFFIRMED.


text:
    British ROBINSON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-2459
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017
   An appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge.

AFFIRMED.


text:
    Kelley JIMENEZ, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-1771
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017.
   An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge.

AFFIRMED.


text:
    IN RE: Jane DOE 17-A, Appellant.
    CASE NO. 1D17-0699
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017
   An appeal from the Circuit Court for Alachua County. Donna M. Keim, Judge.

AFFIRMED.


text:
    Sam BOOK, Petitioner, v. UNIVERSITY OF FLORIDA, Respondent.
    CASE NO. 1D17-0195
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017
   Petition for Writ of Certiorari—Original Jurisdiction.

Denied.


text:
    Lakodia D. WOOTEN, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D16-4602
    District Court of Appeal of Florida, First District.
    Opinion filed February 24, 2017.
   ' Petition for Writ of Certiorari—Original Jurisdiction.

DENIED.


text:
    Christopher T. COWART, Petitioner, v. FLORIDA DEPARTMENT OF CORRECTIONS, Respondent.
    CASE NO. 1D16-3719
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   Petition for Writ of Certiorari—Original Jurisdiction.

Denied.


text:
    Jacob THOMAS, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D16-3611
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   Petition Alleging Ineffective Assistance of Appellate Counsel.

Denied.


text:
    CMP CAPITAL INVESTMENTS, LLC, Appellant, v. NATIONSTAR MORTGAGE, LLC and Marsha L. Revell, Appellees.
    CASE NO. 1D16-3434
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   An appeal from the Circuit Court for Leon County. Charles W. Dodson, Judge.

AFFIRMED.


text:
    Joseph MCNEW, Petitioner, v. STATE of Florida, Julie L. Jones, Secretary, Florida Department of Corrections, Respondents.
    CASE NO. 1D16-3172
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   Petition for Writ of Certiorari—Original Jurisdiction.

Denied.


text:
    Darryl Bernard KING, Appellant, v. Sharita STARKS, Appellee.
    CASE NO. 1D16-2968
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
    Rehearing Denied April 11, 2017
   An appeal from an order of the Circuit Court for Leon County. Charles W. Dodson, Judge.

DISMISSED.


text:
    Clarence GREEN, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-2659
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   An appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge.

AFFIRMED.


text:
    Judy Ann Jean KEETER, Petitioner, v. FLORIDA CAPITAL BANK MORTGAGE, Respondent.
    CASE NO. 1D16-2136
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
    Rehearing Denied March 31, 2017
   Second Amended Petition for Writ of Prohibition—Original Jurisdiction.

Denied.


text:
    Jerry Weldon REGISTER, Jr., Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-2058
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   An appeal from the Circuit Court for Bay County. Brantley S. Clark, Jr., Judge.

AFFIRMED.


text:
    Jerome J. FERRIER, Appellant, v. PUBLIC DEFENDER’S OFFICE, Appellee.
    CASE NO. 1D16-542
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   An appeal from the Circuit Court for Leon County. Charles W. Dodson, Judge.

AFFIRMED.


text:
    Avery Damon WOOD, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D15-3319
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   An appeal from the Circuit Court for Duval County. Mark J. Borello, Judge.

AFFIRMED.


text:
    Curtis THOMAS, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D15-2208
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   An appeal from the Circuit Court for Gadsden County. Barbara K. Hobbs, Judge.

AFFIRMED.


text:
    Justin A. MARTINEZ, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0625
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   Petition Alleging Ineffective Assistance of Appellate Counsel—Original Jurisdiction.

Denied.


text:
    Tallas BRADLEY, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0510
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   Petition Alleging Ineffective Assistance of Appellate Counsel—Original Jurisdiction.

Denied.


text:
    Jeffrey A. WEDDINGTON, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0425
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   Petition for Writ of Prohibition—Original Jurisdiction.

Denied.


text:
    James Howard KING, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0181
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   Petition for Belated Appeal—Original Jurisdiction.

DENIED.


text:
    James CLARK, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0172
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   Petition for Writ of Certiorari—Original Jurisdiction.

DISMISSED.


text:
    James Bernard CAMPBELL, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D16-5796
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
    Rehearing Denied April 10, 2017
   Amended Petition for Writ of Habeas Corpus—Original Jurisdiction.

DISMISSED.


text:
    PDRGRAYSON DENTAL LAB, LLC., Petitioner, v. PROGRESSIVE DENTAL RECONSTRUCTION, INC., Kenneth S. Braiman, Jeri Braiman, Geoffrey Braiman, and Dil-USA, Inc., Respondents.
    CASE NO. 1D16-5785
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   Petition for Writ of Prohibition—Original Jurisdiction.

Denied.


text:
    James DUKE, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-5627
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   An appeal from an order of the Circuit Court for Santa Rosa County. Ross M. Goodman, Judge.

DISMISSED.


text:
    Robert Aaron STEPHENS, Petitioner, v. WILMINGTON TRUST NATIONAL, ASSOCIATION, as Successor Trustee to Citibank, N.A., as Trustee FOR BEAR STEARNS ALT-A TRUST 2007-2, Mortgage Pass-Through Certificates, Series 2007-2, et al., Respondents.
    CASE NO. 1D16-5206
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   Petition for Writ of Certiorari—Original Jurisdiction.

DENIED.


text:
    C. J. O., Father of J. L. O., Minor Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    CASE NO. 1D16-4820
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   An appeal from the Circuit Court for Lafayette County. Darren K. Jackson, Judge.

AFFIRMED.


text:
    Sam H. GRIFFIN, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-4664
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
    Rehearing Denied April 4, 2017
   An appeal from the Circuit Court for Washington County. Peter Mallory, Judge.

AFFIRMED.


text:
    John J.H. YANG, Appellant, on Behalf of his Counsel, Jacksonville Area Legal Aid, Inc., Appellant, v. ONEWEST BANK, N.A., Appellee.
    CASE NO. 1D16-4628
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017
   An appeal from an order of the Circuit Court for Clay County. Michael S. Sharrit, Judge.

DISMISSED.


text:
    Clarence E. RHYNES, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-4297
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   An appeal from the Circuit Court for Jackson County. Shonna Young Gay, Judge.

AFFIRMED.


text:
    Edward J. WILSON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-4269
    District Court of Appeal of Florida, First District.
    Opinion filed February 27, 2017.
   An appeal from the Circuit Court for Duval County. Waddell A. Wallace, Judge.

AFFIRMED.


text:
    Katherine MAGBANUA, Petitioner, v. Walt MCNEIL, as Sheriff of Leon County, Florida, Respondent.
    CASE NO. 1D17-0471
    District Court of Appeal of Florida, First District.
    Opinion filed February 28, 2017.
   Petition for Writ of Habeas Corpus— Original Jurisdiction,

Denied.


text:
    Johnson MASSEY, M.D.; Cardiovascular Associates, Inc., Appellants, v. Mary KRANING, as Personal Representative of the Estate of Dione Mae Allen, Deceased, Appellee.
    Case No. 2D14-3005
    District Court of Appeal of Florida, Second District.
    February 10, 2017
   Dismissed.


text:
    Johnson MASSEY, M.D.; and Cardiovascular Associates, Inc., Appellants, v. Mary KRANING, as Personal Representative of the Estate of Dione Mae Allen, Deceased, Appellee.
    Case No. 2D14-557
    District Court of Appeal of Florida, Second District.
    February 10, 2017
   Dismissed.


text:
    Ryan Worthington ANDERSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-2422
    District Court of Appeal of Florida, Second District.
    Opinion filed February 10, 2017.
   Appeal from the Circuit Court for Polk County; J. Dale Durrance, Judge.

Affirmed.


text:
    Luis PEREZ, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-352
    District Court of Appeal of Florida, Second District.
    January 9, 2017
   L.T. No.: 15-05219-CF

Dismissed.


text:
    Reo Thomas NANCE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5123
    District Court of Appeal of Florida, Second District.
    January 9, 2017
   L.T. No.: 14CF-018324A; 14-CF-18324

Dismissed.


text:
    Frank PEREZ, Appellant/Petitioner(s), v. DEPT. OF BUSINESS & PROFESSIONAL REGULATION, Appellee/Respondent(s).
    CASE NO.: 2D16-4162
    District Court of Appeal of Florida, Second District.
    January 10, 2017
   L.T. No.: 2015-033429

Dismissed.


text:
    Poppy HYRE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-768
    District Court of Appeal of Florida, Second District.
    January 10, 2017
   L.T. No.: 2014-CF-4177

Dismissed.


text:
    Daniel C. SOLAZ and Mary Jean Basileo, Appellant/Petitioner(s), v. LIVE OAK LANDINGS CONDOMINUM ASSOCIATION, INC., Appellee/Respondent(s).
    CASE NO.: 2D16-2626
    District Court of Appeal of Florida, Second District.
    January 10, 2017
   L.T. No.: 15-002180-CA

Dismissed.

Denied.


text:
    James Garrett ANDERSON, Appellant/Petitioner(s), v. Julian DELEON, Appellee/Respondent(s).
    CASE NO.: 2D16-4335
    District Court of Appeal of Florida, Second District.
    January 11, 2017
   L.T. No.: GC14-292

Dismissed.


text:
    WELLS FARGO BANK, N. A., Appellant/Petitioner(s), v. Clay DANIEL, Appellee/Respondent(s).
    CASE NO.: 2D16-3601
    District Court of Appeal of Florida, Second District.
    January 11, 2017
   L.T. No.: 14-CA-004473

Dismissed.


text:
    John Paul REDDAM, Appellant/Petitioner(s), v. OFFICE OF THE ATTORNEY GENERAL, DEPT. OF LEGAL AFFAIRS, et al., Appellee/Respondent(s).
    CASE NO.: 2D16-4507
    District Court of Appeal of Florida, Second District.
    January 11, 2017
   L.T. No.: 13-CA-015462

Dismissed.


text:
    Preston Leonard SCHOFIELD, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5437
    District Court of Appeal of Florida, Second District.
    January 10, 2017
   L.T. No.: 14-14665

Denied.


text:
    Dennis E. WILLIAMS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-4919
    District Court of Appeal of Florida, Second District.
    January 10, 2017
   L.T. No.: CF04-1332-XX

Denied.


text:
    William MCGEE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5039
    District Court of Appeal of Florida, Second District.
    January 10, 2017
   L.T. No.: 2015CF-003543

Denied.


text:
    Julius J. HALYARD, Jr. Appellant/Petitioner(s), v. STATE of Florida Appellee/Respondent(s).
    CASE NO.: 2D16-4938
    District Court of Appeal of Florida, Second District.
    January 12, 2017
   L.T. No.: 06-CF-2787

Dismissed.


text:
    Robert R. MCDOWELL, Appellant/Petitioner(s), v. STATE Of Florida Appellee/Respondent(s).
    CASE NO.: 2D16-5067
    District Court of Appeal of Florida, Second District.
    January 12, 2017
   L.T. No.: 99-16769-CFAN0

Dismisses.


text:
    Reginald WEST, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-4503
    District Court of Appeal of Florida, Second District.
    January 13, 2017
   L.T. No.: 13-CF-016574A

Denied.


text:
    Bruce Edward DUKES, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-8
    District Court of Appeal of Florida, Second District.
    January 13, 2017
   L.T. No.: CRC77-04841CFANO; CRC77-04842CFANO, CRC77-04842CFA-NO, CRC77-04843CFAN O, CRC77-04843CFANO, CRC77-04844CFANO, CRC77-04844CFANO, CRC77-04123CFA-NO, CRC77-04123CFANO, CRC77-05294CFANO, CRC77-05294CFANO

Dismissed.


text:
    Michael A. KENDRICK, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D15-3582
    District Court of Appeal of Florida, Second District.
    October 30, 2015
   L.T. No.: 05-CF-013532

Writ of mandamus.


text:
    Marshall Runae PORTER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-4530
    District Court of Appeal of Florida, Second District.
    November 15, 2016
   L.T. No.: 98-CF-020901

Denied.


text:
    Louis J. GUTIERREZ, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-3842
    District Court of Appeal of Florida, Second District.
    November 14, 2016
   L.T. No.: CF12-729

Denied.


text:
    Gerald G. CANTRELL, Appellant/Petitioner(s), v. Teresa M. CANTRELL, Appellee/Respondent(s).
    CASE NO.: 2D16-1254
    District Court of Appeal of Florida, Second District.
    January 11, 2017
   L.T. No.: 03-DR-6300

Dismissed.

Granted.


text:
    Nicholas LUCANEGRO, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-2913
    District Court of Appeal of Florida, Second District.
    October 20, 2016
   L.T. No.: 07-694-CF

Denied,


text:
    Pascacio BALDERAS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5111, CASE NO.: 2D16-5044
    District Court of Appeal of Florida, Second District.
    January 5, 2017
   L.T. No.: CRC06-04098CFAWS

Dismissed.


text:
    Melissa Platt GINTHER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-2367
    District Court of Appeal of Florida, Second District.
    January 6, 2017
   L.T. No.: 2014CF-002559-XX

Denied.


text:
    Steven T. HUMPHERY a/k/a Steven Humphery, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5405
    District Court of Appeal of Florida, Second District.
    January 5, 2017
   L.T. No.: 09-CF-004658-A; 07-CF-01822

Denied.


text:
    Melvin D. WILLIAMS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5152
    District Court of Appeal of Florida, Second District.
    January 5, 2017
   L.T. No.: 08 CF-017861

Denied.


text:
    Amber Dawn LANE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5389
    District Court of Appeal of Florida, Second District.
    January 5, 2017
   L.T. No.: 16-CF-396

Granted.


text:
    Mackel D. WALKER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-4242
    District Court of Appeal of Florida, Second District.
    January 6, 2017
   L.T. No.: 16-01976-CF

Denied.


text:
    Ricardo PADILLA, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-2070
    District Court of Appeal of Florida, Second District.
    January 6, 2017
   L.T. No.: 02-316F

Denied.


text:
    David R. SAMPSON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5453
    District Court of Appeal of Florida, Second District.
    January 6, 2017
   L.T. No.: 14-19666-CF

Dismissed.


text:
    Antonius R. WILLIAMS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-2841
    District Court of Appeal of Florida, Second District.
    January 11, 2017
   L.T. No.: 13-CF-11884

Dismissed.


text:
    Jan SUOMINEN, Appellant/Petitioner(s), v. Sue A. SUOMINEN, Appellee/Respondent(s).
    CASE NO.: 2D16-2572
    District Court of Appeal of Florida, Second District.
    January 12, 2017
   L.T. No.: 2014-DR-007096-XXFDFD

Dismissed.


text:
    Grady Rodriguas BRYE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-4377
    District Court of Appeal of Florida, Second District.
    January 11, 2017
   L.T. No.: CRC14-09974-CFANO

Denied.


text:
    James GILLEY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-3998
    District Court of Appeal of Florida, Second District.
    January 11, 2017
   L.T. No.: 03-07065-CF; 03-07061-CF

Denied.


text:
    John Jerome SPEIGHTS, Jr., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-4501
    District Court of Appeal of Florida, Second District.
    January 11, 2017
   L.T. No.: 08-CF-014769

Denied.


text:
    A.S., Appellant/Petitioner(s), v. C.J.M., Appellee/Respondent(s).
    CASE NO.: 2D16-2828
    District Court of Appeal of Florida, Second District.
    January 12, 2017
   LT. No.: 16-117-CA

Dismissed.


text:
    James Garrett ANDERSON, Appellant/Petitioner(s), v. Julian DELEON, Appellee/Respondent(s).
    CASE NO.: 2D16-1871
    District Court of Appeal of Florida, Second District.
    January 12, 2017
   L.T. No.: GC14-292

Dismissed.


text:
    BONAFIDE PROPERTIES, L L C, as Trustee Only, Appellant/Petitioner(s), v. WILMINGTON SAVINGS FUND SOCIETY, F S B, et al., Appellee/Respondent(s).
    CASE NO.: 2D16-3633
    District Court of Appeal of Florida, Second District.
    January 13, 2017
   L.T. No.: 13-CA-6343

Dismissed.


text:
    Mellony P. TRACEY and Robert E. Day, Appellant/Petitioner(s), v. CITY OF NAPLES, et al., Appellee/Respondent(s).
    CASE NO.: 2D16-509
    District Court of Appeal of Florida, Second District.
    January 13, 2017
   L.T. No.: 2015-CA-001289-0001-XX

Dismissed.


text:
    SF TAMPA, LLC, et al., Appellant/Petitioner(s), v. Geraldyn BUTLER, as Personal Representative Appellee/Respondent(s).
    CASE NO.: 2D16-3992
    District Court of Appeal of Florida, Second District.
    January 13, 2017
   L.T. No.: 15-CA-10053

Dismissed.


text:
    LOVE MANAGEMENT COMPANY, LLC, d/b/a Personal Allegro Management Co., Appellant/Petitioner(s), v. John L. STIGLICH, Representative, et al., Appellee/Respondent(s).
    CASE NO.: 2D16-2476
    District Court of Appeal of Florida, Second District.
    January 17, 2017
   L.T. No.: 2015-CA-001576-XXCICI

Dismissed.


text:
    Julian A. MAZILI & Kimberly D. Me Lure Mazili, Appellant/Petitioner(s), v. WELLS FARGO BANK, N. A., et al., Appellee/Respondent(s).
    CASE NO.: 2D16-5284
    District Court of Appeal of Florida, Second District.
    January 17, 2017
   L.T. No.: 15-CA-6122

Dismissed.


text:
    Tad Dillon JOHNSON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5358
    District Court of Appeal of Florida, Second District.
    January 18, 2017
   L.T. No.: 13-000612CF

Dismissed.


text:
    William WALDORF, Appellant/Petitioner(s), v. P V—MARINA VILLAGE, LLC, et al. Appellee/Respondent(s).
    CASE NO.: 2D16-5290
    District Court of Appeal of Florida, Second District.
    January 18, 2017
   L.T. No.: 2016CA002216XXCICI

Dismissed.


text:
    Carlos VIERA Appellant/Petitioner(s), v. STATE of Florida Appellee/Respondent(s).
    CASE NO.: 2D16-3910
    District Court of Appeal of Florida, Second District.
    January 18, 2017
   L.T. No.: 2009-CF-3633

Dismissed.


text:
    Sandra L. BELL & Robert Bell, Appellant/Petitioner(s), v. HSBC BANK, USA, Appellee/Respondent(s).
    CASE NO.: 2D15-2707
    District Court of Appeal of Florida, Second District.
    January 19, 2017
   L.T. No.: ll-CA-06466

Dismissed.


text:
    Curtis M. WHITE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-88
    District Court of Appeal of Florida, Second District.
    January 19, 2017
   L.T. No.: 2016-CF-1511-XX

Dismissed.


text:
    Marcy L. SHAW, Appellant/Petitioner(s), v. Kathleen BOTTAZZI, Appellee/Respondent(s).
    CASE NO.: 2D16-1735
    District Court of Appeal of Florida, Second District.
    January 20, 2017
   L.T. No.: 14-GA-199

Dismissed.


text:
    Edward OBERWISE, Appellant, v. Craig C. VILLANTI, Darryl C. Casanueva, Stevan T. Northcutt, Nelly N. Khouzam, James W. Whatley, Chris W. Altenbernd, Robert J. Morris, Jr., Marva L. Crenshaw, Charles A. Davis, Jr., et al., Appellees.
    Case No. 2D17-67
    District Court of Appeal of Florida, Second District.
    March 28, 2017
   Non-Final Appeal from the Circuit Court for Pinellas County, Jack R. St. Arnold, Judge,

AFFIRMED.


text:
    Larry LEATHERWOOD, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D15-2367
    District Court of Appeal of Florida, Third District.
    FEBRUARY 09, 2017
   L.T. NO.: 00-316

Dismissed.


text:
    Angel POLANCO, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2278
    District Court of Appeal of Florida, Third District.
    OCTOBER 04, 2016
   L.T. NO.: 13-7555

Denied.


text:
    Juan Joel MOLINA, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2336
    District Court of Appeal of Florida, Third District.
    NOVEMBER 04, 2016
   L.T. NO.: 08-46281

Dismissed.


text:
    MY COSMETIC SURGERY, INC., Appellant(s)/Petitioner(s), v. Michael FRIDMAN, etc., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0054
    District Court of Appeal of Florida, Third District.
    FEBRUARY 10, 2017
   Denied.


text:
    Larry R. WILLIAMS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0239
    District Court of Appeal of Florida, Third District.
    FEBRUARY 09, 2017
   L.T. NO.: 04-23829

Denied.


text:
    Vontoria Devon WALKER, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s).
    CASE NO.: 3D17-0252
    District Court of Appeal of Florida, Third District.
    FEBRUARY 09, 2017
   L.T. NO.: 95-3763

Denied.


text:
    Daron SNEED, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0253
    District Court of Appeal of Florida, Third District.
    FEBRUARY 09, 2017
   L.T. NO.: 12-26644

Denied.


text:
    Gino BISCARO, et al., Appellant(s)/Petitioner(s), v. OCON GROUP, LLC, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2276
    District Court of Appeal of Florida, Third District.
    FEBRUARY 28, 2017
   L.T. NO.: 16-7870

Dismissed.


text:
    Alison BRYAN, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0256
    District Court of Appeal of Florida, Third District.
    FEBRUARY 09, 2017
   L.T. NO.: 10-668

Denied.


text:
    Willie WARD, Appellant(s)/Petitioner(s), v. Daniel WARD, Interim Director, Miami-Dade County Corrections, and the State of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0265
    District Court of Appeal of Florida, Third District.
    FEBRUARY 09, 2017
   L.T. NO,: 17-346

Denied.


text:
    BJ’S WHOLESALE CLUB, INC., Appellant(s)/Petitioner(s), v. Andrea MCKAY, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0278
    District Court of Appeal of Florida, Third District.
    FEBRUARY 09, 2017
   L.T. NO.: 14-13183

Denied.


text:
    Almyr GUIMARAES, Appellant(s)/Petitioner(s), v. In re: Carmen ALFONSO, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0304
    District Court of Appeal of Florida, Third District.
    FEBRUARY 14, 2017
   L.T. NO.: 12-2763

Denied.


text:
    LEJEUNE GARDENS, INC., etc., Appellant(s)/Petitioner(s), v. CENTURY HOMEBUILDERS OF SOUTH FLORIDA, LLC, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2625
    District Court of Appeal of Florida, Third District.
    FEBRUARY 28, 2017
   L.T. NO.: 15-19426

Dismissed.


text:
    JPMORGAN CHASE BANK, N.A., Appellant(s)/Petitioner(s), v. 24 ON THE BAY TWO, LLC, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2856
    District Court of Appeal of Florida, Third District.
    MARCH 01, 2017
   L.T. NO.: 16-18261

Dismissed.


text:
    Oliver MORA, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-181
    District Court of Appeal of Florida, Third District.
    Opinion filed March 8, 2017.
   An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Teresa Mary Pooler, Judge. Lower Tribunal No. 05-15566B

Affirmed,


text:
    M & T BANK, Appellant(s)/Petitioner(s), v. Zelinda M. RODRIGUES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D15-2821
    District Court of Appeal of Florida, Third District.
    MARCH 07, 2017
   L.T. NO.: 14-13700

Dismissed.


text:
    P.A.M., a Minor Child, Appellant(s)/Petitioner(s), v. The SCHOOL BOARD OF MIAMI-DADE COUNTY, Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-0146
    District Court of Appeal of Florida, Third District.
    MARCH 07, 2017
   L.T. NO.: 15-3019

Dismissed.


text:
    ROATAN CRUISE TERMINAL, S.A. DE C.V., and Carnival Corporation, Appellant(s)/Petitioner(s), v. AMERICAN BRIDGE HONDURAS S DE R.L., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1805
    District Court of Appeal of Florida, Third District.
    MARCH 7, 2017
   L.T. NO.: 10-51080,13-37205

Dismissed.


text:
    Jeremy Marquise CARTER, Appellant(s)/Petitioner(s), v. Orlando Vallejo BOTERO, Maria Heddy Botero, and Elsy Zapata Vidal, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2096
    District Court of Appeal of Florida, Third District.
    MARCH 07, 2017
   L.T. NO.: 11-542

Dismissed.


text:
    Robert WELSH, Appellant(s)/Petitioner(s), v. Orlando Martinez DE CASTRO, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2907
    District Court of Appeal of Florida, Third District.
    MARCH 07, 2017
   L.T. NO.: 14-19275

. ORDERED.


text:
    Julio LOPEZ, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0207
    District Court of Appeal of Florida, Third District.
    FEBRUARY 16, 2017
   L.T. NO.: 17-16

Denied.


text:
    The STATE of Florida, Appellant(s)/Petitioner(s), v. Albert VARGAS, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0403
    District Court of Appeal of Florida, Third District.
    MARCH 07, 2017
   L.T. NO.: 16-15050

Dismissed.


text:
    ROBERT INGRAHAM LAW, LLC, Appellant(s)/Petitioner(s), v. SIERRA INTERPRETERS, Appellee(s)/Resporident(s),
    CASE NO.: 3D17-0449
    District Court of Appeal of Florida, Third District.
    MARCH 07, 2017
   L.T. NO.: 16-779

Transferred.


text:
    Moshe PETEL, Appellant(s)/Petitioner(s), v. WELLS FARGO BANK, N.A., Appellee(s)/Respondent(s).
    CASE NO.: 3D16-2676
    District Court of Appeal of Florida, Third District.
    FEBRUARY 17, 2017
   L.T. NO.: 14-18295

Dismissed.


text:
    Beverly FUCHECK, Appellant(s)/Petitioner(s), v. U.S. BANK, N.A., Appellee(s)/Respondent(s).
    CASE NO.: 3D17-0082
    District Court of Appeal of Florida, Third District.
    FEBRUARY 17, 2017
   L.T. NO.: 14-31245

Dismissed.


text:
    Mirtha GARCIA, Appellant(s)/Petitioner(s), v. MERVARDO CORP., N.A., Appellee(s)/Respondent(s).
    CASE NO.: 3D16-1578
    District Court of Appeal of Florida, Third District.
    February 17, 2017
   L.T. NO.: 13-34184

Dismissed.


text:
    Catherine BURKETT, Appellant(s)/Petitioner(s), v. CITIMORTGAGE INC., etc., Appellee(s)/Respondent(s).
    CASE NO.: 3D16-2063
    District Court of Appeal of Florida, Third District.
    FEBRUARY 17, 2017
   L.T. NO.: 10-42093

Dismissed.


text:
    Cesar BALBIN, Appellant(s)/Petitioner(s), v. FAIRWAY MORTGAGE SOLUTIONS, INC., et al., Appellee(s)/Respondent(s).
    CASE NO.: 3D17-0142
    District Court of Appeal of Florida, Third District.
    FEBRUARY 17, 2017
   L.T. NO.: 11-28988

Dismissed.


text:
    Peguy NOEL, Appellant(s)/Petitioner(s), v. FLORIDA DEPARTMENT OF REVENUE and Jennifer Felix, Appellee(s)/Respondent(s).
    CASE NO.: 3D17-0197
    District Court of Appeal of Florida, Third District.
    FEBRUARY 17, 2017
   L.T. NO.: 06550018444AO, 2001025932

Dismissed. .


text:
    Walter Lee POLLOCK, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s).
    CASE NO.: 3D17-0290
    District Court of Appeal of Florida, Third District.
    FEBRUARY 17, 2017
   L.T. NO.: 99-23183

Dismissed.


text:
    HARGREAVES ASSOCIATES, INC., Appellant(s)/Petitioner(s), v. The CITY OF MIAMI BEACH, Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D15-2266
    District Court of Appeal of Florida, Third District.
    MARCH 09, 2017
   L.T. NO.: 10-61979

Dismissed.


text:
    The UNIVERSAL SERVICE ADMINISTRATIVE COMPANY, Appellant(s)/Petitiorier(s), v. John A. MOFFA, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-0088
    District Court of Appeal of Florida, Third District.
    MARCH 09, 2017
   L.T. NO.: 15-6909

Dismissed.


text:
    AMTRUST BANK, Appellant(s)/Petitioner(s), v. Kenneth W. MCCOY, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1665
    District Court of Appeal of Florida, Third District.
    MARCH 09, 2017
   L.T. NO.: 09-80928

Dismissed.


text:
    Michael CAVALLARO, Appellant(s)/Petitioner(s), v. Nancy CAVALLARO, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2345
    District Court of Appeal of Florida, Third District.
    MARCH 09, 2017
   L.T. NO.: 10-155

Dismissed.


text:
    Guillermo PORRAS, Appellant(s)/Petitioner(s), v. Leyssy MILLAN, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0170
    District Court of Appeal of Florida, Third District.
    FEBRUARY 22, 2017
   L.T. NO.: 13-30191

Dismissed.


text:
    Erick PACHECO, Appellant(s)/Petitioner(s), v. The STATE of Florida, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0335
    District Court of Appeal of Florida, Third District.
    FEBRUARY 20, 2017
   L.T. NO.: 11-23587

Denied.


text:
    Hubert DESHAZIOR, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0288
    District Court of Appeal of Florida, Third District.
    FEBRUARY 22, 2017
   L.T. NO.: 16-18679

Ordered.


text:
    Deporsha TILLMAN, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0342
    District Court of Appeal of Florida, Third District.
    FEBRUARY 20, 2017
   L.T. NO.: 14-21879,15-1830,15-3243

Denied.


text:
    Will UTILE, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0371
    District Court of Appeal of Florida, Third District.
    FEBRUARY 20, 2017
   L.T. NO.: 06-29278

Denied.


text:
    Raquel REYES, Appellant(s)/Petitioner(s), v. US BANK, N.A., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1843
    District Court of Appeal of Florida, Third District.
    MARCH 14, 2017
   L.T. NO.: 13-18754

Dismissed.


text:
    Zuleys PEREZ, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-0307
    District Court of Appeal of Florida, Third District.
    FEBRUARY 20, 2017
   L.T. NO.: 15-4787

Dismissed.


text:
    21ST CENTURY ONCOLOGY, LLC, Appellant(s)/Petitioner(s), v. Dania ACEVEDO, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-0843
    District Court of Appeal of Florida, Third District.
    MARCH 14, 2017
   L.T. NO.: 09-65817

ORDERED.


text:
    ANJ OF SOUTH FLORIDA, LLC, et al., Appellant(s)/Petitioner(s), v. JDJ OF MIAMI, INC., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1023
    District Court of Appeal of Florida, Third District.
    MARCH 13, 2017
   L.T. NO.: 15-1465

Denied.

Dismissed.


text:
    Felix Yunier CLAVELO, Appellant(s)/Petitioner(s), v. DEPARTMENT OF REVENUE, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1134
    District Court of Appeal of Florida, Third District.
    FEBRUARY 22, 2017
   L.T. NO.: 13150025006FC CSE No. 2000863235 DOAH 16-1161-CS

Dismissed.


text:
    Patrick PIERRE, Appellant(s)/Petitioner(s), v. U.S. BANK N.A., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1167
    District Court of Appeal of Florida, Third District.
    FEBRUARY 22, 2017
   L.T, NO.: 08-20639

Dismissed.


text:
    Cora ALEXANDER, Appellant(s)/Petitioner(s), v. DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1662
    District Court of Appeal of Florida, Third District.
    FEBRUARY 20, 2017
   L.T. NO.: 12-9024

Dismissed.


text:
    Niko THOMPSON, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2102
    District Court of Appeal of Florida, Third District.
    FEBRUARY 20, 2017
   L.T. NO.: 97-34123

Dismissed.


text:
    Maricela FONSECA, Petitioner, v. TAVERNA IMPORTS, INC., Respondent.
    Nos. 3D16-357 & 3D16-367
    District Court of Appeal of Florida, Third District.
    Opinion filed March 15, 2017.
   On Petitions for Writs of Certiorari from the Circuit Court for Miami-Dade County, Eric William Hendon, Judge. Lower Tribunal No. 07-9620

Dismissed.


text:
    Robin FORBES, etc., Appellant(s)/Petitioner(s), v. AKERMAN SENTERFITT, LLP, Appellee(s)/Respondent(s).
    CASE NO.: 3D16-0816
    District Court of Appeal of Florida, Third District.
    MARCH 16, 2017
   L.T. NO.: 12-6373

Dismissed.


text:
    Jibreal AL-MUSTAFA, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-3927
    District Court of Appeal of Florida, Fourth District.
    [March 2, 2017]
   Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Elista Marx, Judge; L.T. Case No. 2012CF007465AXX.

Affirmed.


text:
    Roderick POWELL, Appellant, v. Katre W. NICHOLSON, Appellee.
    No. 4D16-1627
    District Court of Appeal of Florida, Fourth District.
    [March 2, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward Garrison, Judge; L.T. Case No. 50-2003-DR-001055-UFFA-MB.

Affirmed,


text:
    Carolina Natalia VELAZQUEZ, Appellant, v. Carlos VELAZQUEZ, Appellee.
    No. 4D15-4255
    District Court of Appeal of Florida, Fourth District.
    [March 30, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Timothy L. Bailey, Judge; L.T. Case No. FMCE 14-011804 (41/98).

Affirmed.


text:
    Johnson CUFFY, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-0251
    District Court of Appeal of Florida, Fourth District.
    April 13, 2017
   Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes, Judge; L.T. Case No. 08-19151CF10A.

Affirmed.


text:
    Gary L. CROOKS, Appellant, v. STATE of Florida, Appellee.
    No. 4D15-282
    District Court of Appeal of Florida, Fourth District.
    April 13, 2017
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Glenn Kelley, Judge; L.T. Case No. 50-2005-CF-002359-AXXX-MB.

Affirmed.


text:
    STATE of Florida, Appellant, v. Raymond MCCASKILL, Appellee.
    No. 4D16-2589
    District Court of Appeal of Florida, Fourth District.
    May 3, 2017
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ernest Kollra, Judge; L.T. Case No. 12-000791CF10A.

Affirmed.


text:
    Travis PALMER, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-658
    District Court of Appeal of Florida, Fourth District.
    [May 18, 2017]
   Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Elizabeth Scherer, Judge; L.T. Case No. 10-9260 CF10A.

Affirmed.


text:
    21ST CENTURY CENTENNIAL INSURANCE COMPANY, Appellant, v. Dwayne WALKER, Appellee.
    No. 4D16-540
    District Court of Appeal of Florida, Fourth District.
    [May 25, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jaimie R. Goodman, Judge; L.T, Case No. 502011CA018093XXXXMBAJ.

Affirmed.


text:
    Troy Cadale CHANCE, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2523
    District Court of Appeal of Florida, Fourth District.
    June 8, 2017
   Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Cynthia L. Cox, Judge; L.T. Case Nos. 312012CF000523A & 312012CF000577A.

Affirmed,


text:
    Robert MILLER, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-1372
    District Court of Appeal of Florida, Fourth District.
    June 8, 2017
   Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No, 01020672 CF10A.

Affirmed.


text:
    Jerry CHERISTIL, Appellant, v. STATE of Florida, Appellee.
    No. 4D15-4702
    District Court of Appeal of Florida, Fourth District.
    [June 8, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A, Robinson, Judge; L.T. Case No. 10-11403CF10A.

Affirmed.


text:
    Donell JACKSON, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-0271
    District Court of Appeal of Florida, Fourth District.
    [June 22, 2017]
   . Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin J. Bidwill, Judge; L.T. Case No. 04-5135CF10A.

Affirmed.


text:
    Kenneth Michael POLLAK, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-1977
    District Court of Appeal of Florida, Fourth District.
    [July 13, 2017]
   Appeal of order denying 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Lawrence Michael Mirman, Judge; L.T. Case No. 432003CF000991A.

Affirmed.


text:
    Karen PERKO, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellee.
    No. 4D16-0641
    District Court of Appeal of Florida, Fourth District.
    [July 20, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jack B. Tuter, Judge; L.T. Case No. 2005-16050 (07).

Affirmed.


text:
    EUAM FISHERIES (USA), a Florida Limited Liability Company, and Xiao Ling, Appellants, v. AMERICA SHENG LONG INTERNATIONAL, INC., Appellee.
    No. 4D17-1050
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Marina Garcia-Wood, Judge; L.T. Case No. CACE 15-012958 (18).

Affirmed.


text:
    Jonathan Rusty RAMSDALE, Appellant, v. STATE of Florida, Appellee.
    No. 4D14-4127
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Elizabeth A. Metzger and Curtis L. Disque, Judges; L.T. Case No, 432013CF001548CFAXMX.

Affirmed.


text:
    Hermes SUAREZ, Appellant, v. STATE of Florida, Appellee.
    No. 4D15-392
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit, Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Usan, Judge; L.T. Case No. 12-011499.

Affirmed.


text:
    Rodney John LANCE, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-1181
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Robert E. Belanger, Judge; L.T. Case No. 56-2013-CF-001464 A.

Affirmed.


text:
    John SNYDER, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-1536
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Steven J. Levin, Judge; L.T. Case No. 2013CF002636 A.

Affirmed.


text:
    GALAXIAS MARITIME, LTD., Appellant, v. MORAN YACHT & SHIP, INC., & Moran Yacht Management, Inc. d/b/a Moran Yacht Management, LLC, d/b/a Moran Yacht Management, Ltd., Appellees.
    No. 4D16-1777
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T, Case No. 12-033025 (08).

Affirmed.


text:
    Howard HARDING, Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, JPMorgan Chase Bank, National Association, unknown Spouse of Howard Harding, Kenneth A. Niefeld, Trustee of the Rita N. Ogrin Revocable Trust Agreement Dated April 23, 1996, Mel Ogrin Enterprises, LLC, Mark Ogrin, and Unknown Tenant in Possession of the Subject Party, Appellees.
    No. 4D16-2076
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cheryl Caraeuzzo, Judge; L.T. Case No. 50-2013-CA-001434-XXXX-MB.

Affirmed.


text:
    Willie SHEELY, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2123
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 15006583 CF10A.

Affirmed.


text:
    Mirjana GOFORTH, Appellant, v. Robert Jay GOFORTH; Premiere Care Nurses of America, Inc., a Florida Corporation; and Premier Boca T. LLC, a Florida Corporation, Appellees.
    No. 4D16-2241
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Roger Col-ton, Sr. Judge/Palm Beach County, Judge; L.T. Case No. 50-2014-DR-010146-XXXXMBFD.

Affirmed.


text:
    Anthony LUPO, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2199
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial ' Circuit, Broward County; Geoffrey D. Cohen, Judge; L.T. Case No. 13-016789-CF-10A.

Affirmed.


text:
    Larry VAN DUSSELDORP and Gail L. Van Dusseldorp a/k/a Gail Dusseldorp, Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the Residential Asset Securitization Trust 2007-A1 Mortgage Pass-Though Certificates, Series 2007-A Under the Pooling and Servicing Agreement Dated January 1, 2007, Appellee.
    No. 4D16-2379
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Kathleen D. Ireland, Senior Judge; L.T. Case No. 2012CA030940.

Affirmed.


text:
    Frank LODATO, as Successor Personal Representative of the Estate of Walter Brauer, Tammy Blount, as Personal Representative of the Estate of Raymond Blount, and Katrina Gerhart, as Successor Personal Representative of the Estate of Frances Gerhart, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY and Philip Morris, USA., Inc., Appellees.
    No. 4D16-2380
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Courts for the Nineteenth Judicial Circuit in and for Martin, St. Lucie, and Okeechobee Counties; William L. Roby, Judge; L.T. Case Nos. 43-2008-CA-000-82; 56-2008-CA-000-169, 56-2008-CA-000-206, and 09009999CAAXMX.

Affirmed.


text:
    Louis N. MCCUTCHEN, Appellant, v. NEW PENN FINANCIAL, LLC, d/b/a Shellpoint Mortgage Servicing in substitution for the original Plaintiff Bank of America, N.A., Appellee.
    No. 4D16-2536
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 15-008706 CACE 11.

Affirmed.


text:
    A.A., a child, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2604
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Kirk Volker, Judge; L.T. Case No. 5Q2015CJ002830AMB.

Affirmed.


text:
    R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Vivian TURNER, as Personal Representative of the Estate of Vivian Wilkinson, Appellee.
    No. 4D16-2625
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal and cross-appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J. Murphy, III, Judge; L.T. Case No. 2008-CV-019616.

Affirmed.


text:
    Jeantral MICHEL, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE6, Appellee.
    No. 4D16-2794
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Joseph George Marx, Judge; L.T. Case No. 502015CA014217XXXXMB.

Affirmed.


text:
    Dominique BARTEET, Appellant, v. George J. JANSSEN, Appellee.
    No. 4D16-2971
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Robert G. Panse, Judge; L.T. Case No. 50-2016-CA-005039-XXXX-MB.

Affirmed.


text:
    Ladarius Lakendrick LACEY, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2913
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; James W. McCann, Judge; L.T. Case No. 2015CF000693 A.

Affirmed.


text:
    Edwin Peter KELLY, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2986
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; James W. McCann; Judge; L.T. Case No. 562014CF003886A.

Affirmed.


text:
    Mark ROMAN, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee FOR WAMU MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2005-A6, Appellee.
    No. 4D16-3136
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Larry Schack, Judge; L.T. Case No. 2013CA010589XXXXMB.

Affirmed.


text:
    Joseph Patrick GUNN, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-3365
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Lawrence Miman, Judge; L.T. Case No. 432015CF001439AXXMX.

Affirmed.


text:
    C.E.H., a Child, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-3527
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James L. Martz, Judge; L.T. Case No. 16CJ001148AMB.

Affirmed.


text:
    COLLINS ASSET GROUP, LLC, Appellant, v. Ishmael KALLOO, Appellee.
    No. 4D16-3597
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Marina Garcia-Wood, Judge; L.T. Case No. 14-12528 (18).

Affirmed.


text:
    The BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as Trustee FOR the CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA7, Mortgage Pass-through Certificates, Series 2006-OA7, Appellants, v. NHON VAN TRAN; Mortgage Electronic Registration Systems, Inc. as Nominee for First Magnus Financial Corporation, Min No. 100039263571615621; Palmetto Pines Homeowners Association, Inc.; Unknown Tenant No. 1; Unknown Tenant No. 2; and All Unknown Parties Claiming Interests by, through, Under or Against a Named Defendant to this Action, or Having or Claiming to Have Any Right, Title or Interest in the Property Herein Described, Appellees.
    No. 4D16-3935
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Peter D. Blanc, Judge; L.T. Case No. 50-2012-CA-002665-XXXX-MB.

Affirmed.


text:
    21ST MORTGAGE CORPORATION, Appellant, v. Manila LAKMAITREE, Unknown Spouse of Manila Lakmaitree, Unknown Tenant in Possession 1, and Unknown Tenant 2, Appellees.
    No. 4D16-3936
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Kathleen D. Ireland, Judge; L.T. Case No. CACE15-011997.

Affirmed.


text:
    Gloria BENCOSME and Basilio A. Bencosme, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee, ON BEHALF OF the HOLDERS OF the ADJUSTABLE RATE MORTGAGE TRUST 2007-3, ADJUSTABLE RATE MORTGAGE BACKED PASS THROUGH CERTIFICATES SERIES 2007-3, Appellee.
    No. 4D16-4013
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit "Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus,. Judge; L.T, Case No. 08-53377 (11).

Affirmed.


text:
    Joseph MANZARO, Appellant, v. Linda D’ALESSANDRO, Appellee.
    No. 4D16-3951
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Acting Circuit Judge; L.T. Case No. 2016DR009529XXXXMB.

Affirmed.


text:
    OLD DOMINION INSURANCE COMPANY, Appellant, v. PINES DENTAL ASSOCIATES, INC., Appellee.
    No. 4D16-4125
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE-16-008638.

Affirmp.d.


text:
    Massood JALLALI, Appellant, v. FLORIDA DEPARTMENT OF HEALTH, Appellee.
    No. 4D16-4237
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jack Tuter, Judge; L.T. Case No. CACE14013981.

Affirmed.


text:
    Charles FAUSTIN, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-4332
    District Court of Appeal of Florida, Fourth District.
    August 3, 2017
   Appeal of order denying rule 3,850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Samantha Schosberg Feuer, Judge; L.T. Case No. 50-2008-CF-017526-CXXX-MB.

Affirmed.


text:
    K.C., a child, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-0297
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stacy Ross, Judge; L.T. Case No. 16-003825DLA,

Affirmed.


text:
    Jamie GORDON, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-0384
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Cynthia L. Cox, Judge; L.T. Case No. 312010CF000561A.

Affirmed.


text:
    Peggy VIRGIL, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1130
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Charles E. Burton, Judge; L.T. Case No. 2012CF010769A.

Affirmed.


text:
    Christopher R. BROWN, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1223
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Cynthia L. Cox, Judge; L.T. Case No. 312010CFÓ00427A.

Affirmed.


text:
    Lawrence Oliver PETERKIN, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1602
    District Court of Appeal of Florida, Fourth District.
    [August 3, 2017]
   Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Cynthia L. Cox, Judge; L.T. Case No. 312011CF001234.

Affirmed.


text:
    Darwin M. NASH and Mary J. Nash, Appellants, v. SPORTSMAN COVE, LLC, Parkway Towne Properties, LLC and Barbara Michalowski as Trustee of Renzi Trust, Appellees.
    Case No. 5D16-579
    District Court of Appeal of Florida, Fifth District.
    Decision filed July 11, 2017
   Appeal from the Circuit Court for Citrus County, Patricia V. Thomas, Judge.

AFFIRMED.


text:
    Walter SATTERFIELD, Appellant, v. STATE of Florida, Appellee.
    Case Nos. 5D16-3142 & 5D16-3146
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Bre-vard County, Charles M. Holcomb, Judge.

AFFIRMED.


text:
    Frederick Adam VINCENT, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-3056
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Volu-sia County, Frank Marriott, Judge.

AFFIRMED.


text:
    Michael C. DONOVAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-2917
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the' Circuit Court for Bre-vard County, Charles G. Crawford, Judge.

AFFIRMED.


text:
    Ivan Robert MOBLEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-2454
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Sumter County, Hale R. Stancil, Senior Judge.

AFFIRMED.


text:
    Jeremy R. JUNE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-2347
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
    Rehearing Denied September 18, 2017
   3.850 Appeal from the Circuit Court for Seminole County, Donna L. McIntosh, Judge.

AFFIRMED.


text:
    STATE of Florida, Appellant, v. Damien N. JOHNSON, Appellee.
    Case No. 5D16-2169
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Marion County, Robert W. Hodges, Judge.

AFFIRMED.


text:
    Javion Lechester JAMES, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-1560
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.853 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge.

AFFIRMED.


text:
    Kheolie JAGNANAN, Appellant, v. PUBLIX SUPERMARKETS, INC., Appellee.
    Case No. 5D16-1470
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Orange County, Janet C. Thorpe, Judge.

AFFIRMED.


text:
    Jacob THORNTON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-1460
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Putnam County, Clyde E. Wolfe, Judge.

AFFIRMED.


text:
    Gregory Alan DUNCAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-1005
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
    Rehearing Denied September 27, 2017
   Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge. -

AFFIRMED.


text:
    Donald Grant Eugene ANDERSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-826
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge.

AFFIRMED.


text:
    Redford Eugene MOUNCE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-618
    District Court of Appeal of Florida, Fifth District.
    Decision file August 8, 2017
   Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

AFFIRMED.


text:
    Shikha MIGLANI, Appellant, v. BANK OF AMERICA, Appellee.
    Case No. 5D16-239
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Non-Final Appeal from the Circuit Court for Orange County, Margaret H. Schreiber, Judge.

AFFIRMED.


text:
    Leartis MCNEIL, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D15-4452
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Bre-vard County, James H. Earp, Judge.

AFFIRMED.


text:
    Juan FIGUEROA-RIVERA, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D15-3735
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Osceola County, A. James Craner, Judge.

AFFIRMED.


text:
    Artavious R. SMITH, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1956
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.850 Appeal from the Circuit Court for Orange County, A. James Craner, Judge.

AFFIRMED.


text:
    Lee MCGILL, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1842
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
    Rehearing Denied September 27, 2017
   3.850 Appeal from the Circuit Court for Marion County, Jonathan D. Ohlman, Judge.

AFFIRMED.


text:
    Russell L. YATES, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1716
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.800Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge.

AFFIRMED.


text:
    Julio Enrique Alonso PACHECO, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1677
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3,800Appeal from the Circuit Court for Orange County, Mark S. Blechman, Judge.

AFFIRMED.


text:
    Michael J. RIGBY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1637
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.800Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge.

AFFIRMED.


text:
    M.T., Father of K.R., a Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    Case No. 5D17-1573
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Citrus County, Mary P. Hatcher, Judge.

AFFIRMED.


text:
    Kishore RATTAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1571
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.800 Appeal from the Circuit Court for Orange County, A. James Craner, Judge.

AFFIRMED.


text:
    Gonzalo B. RAMIREZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1545
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.853 Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge.

AFFIRMED.


text:
    Zackery A. MARTIN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1532
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge.

AFFIRMED.


text:
    Shaquon JOHNSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1501
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
    Rehearing Denied November 9, 2017
   3.850 Appeal from the Circuit Court for Seminole County, Donna L. McIntosh, Judge.

AFFIRMED.


text:
    Sir Charles A. CRAWLEY, Appellant, v. DEPARTMENT OF CORRECTIONS and State of Florida, Appellees.
    Case No. 5D17-1444
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
    Rehearing Denied September 27, 2017
   Appeal from the Circuit Court for Orange County, Janet C. Thorpe, Judge.

AFFIRMED.


text:
    Manuel RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1367
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.850Appeal from the Circuit Court for Seminole County, Marlene M. Alva, Judge.

AFFIRMED.


text:
    John EAGLESTON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1293
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.850Appeal from the Circuit Court for Lake County, Mark A. Nacke, Judge.

AFFIRMED.


text:
    Randy King REESE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1239
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.850Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge.

AFFIRMED.


text:
    Brian D. WOODEN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1150
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.800 Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge.

AFFIRMED.


text:
    Chauncey LYLES, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1137
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.850 Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.

AFFIRMED.


text:
    G.J., father of A.J. and J.J. children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    Case No. 5D17-1093
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 7, 2017
   Appeal from the Circuit Court for Seminole County, Melissa Souto, Judge.

AFFIRMED.


text:
    Timothy E. BRADLEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1075
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.850 Appeal from the Circuit Court for Lake County, William G. Law, Judge.

AFFIRMED.


text:
    Marlon SANDERS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1063
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.800 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge.

AFFIRMED.,


text:
    C.M., a Child, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-875
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Bre-vard County, Lawrence V. Johnston, Senior Judge.

AFFIRMED.


text:
    James A. HERNANDEZ-RIVERA, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-717
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
    Rehearing Denied September 26, 2017
   3.850 Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge.

AFFIRMED.


text:
    Calvin ROBINSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-674
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Volu-sia County, Terence R. Perkins, Judge.

AFFIRMED.


text:
    Junior ANTOINE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-607
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.850- Appeal from the Circuit Court for Orange County, A. James Craner, Judge.

AFFIRMED.


text:
    Frank Grafton RODE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-586
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge.

AFFIRMED.


text:
    STATE of Florida, Appellant, v. Johan Otilio LOPEZ, Appellee.
    Case No. 5D17-319
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge.

AFFIRMED.


text:
    Kwesi PHILPOT, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-110
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
    Rehearing and Rehearing En Banc Denied October 9, 2017
   3.800 Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge.

AFFIRMED.


text:
    Craig Alan SANDHAUS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-19
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge.

AFFIRMED.


text:
    Floyd D. JOHNSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-11
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   3.800 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge.

AFFIRMED.


text:
    Larry TEAGUE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-8
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 8, 2017
   Appeal from the Circuit Court for Seminole County, Marlene M. Alva, Judge.

AFFIRMED.


author: Forst, J.

text:
    Julio PLUTT, an Individual, Jazwares Distribution, Inc., a Florida Corporation, Bright Products, Inc., a Florida Corporation, Appellants, v. Michele ROSS, Appellee.
    No. 4D17-1906
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2017]

      Geoffrey D. Ittleman of The Law Offices of Geoffrey D. Ittleman, .P.A., for appellants.
    Melissa E. Roque and Steven D. Gonzalez of Weinberg, Wheeler, Hudgins, Gunn & Dial; LLC, for appellee.
   Forst, J.

Julio Plutt, Jazwares Distribution, Inc., and Bright Products, Inc. (“Appellants”) appeal the circuit court’s denial of. their Florida- Rule of Civil Procedure 1.540(b) motion to vacate a final judgment awarding Appellee Michele Ross $7,092.56. In their motion, Appellants contended "that the final judgment entered by the circuit court was void for lack of subject matter jurisdiction because the amount in'controversy did not exceed $15,000. We affirm because the complaint, in ‘good faith, sought damages in excess of $15,000, conferring jurisdiction on the circuit court notwithstanding -the ultimate damage award. • •

Background

In 2009, Appellee filed a complaint against Appellants in Broward County circuit court: She alleged that Appellants breached a contract in which she agreed to author children’s books in exchange for a royalty or commission on all book sales, ranging from 1.5 -to 3.5 percent. Appellee further alleged that Appellants failed to provide any of the agreed-upon compensation despite her performance under the contract. Regarding damages, Appellee alleged: “All claims made herein are for damages in access [sic] -of $15,000.00, exclusive of attorneys’ fees, interest and. costs,”

Following years of litigation and discovery, Appellee successfully moved for a default. Appellee then filed a motion for summary judgment. The motion stated that the proceeds from the sales of Appellee’s books amounted to $202,644.81. Based on the formula in the subject contract, Appel-lee asserted that Appellants owed her $7,092.56 “in royalties.” However, she also claimed to have suffered total damages of $209,737.37, which was the sum of the royalties and the sale proceeds. The trial court entered an order granting the motion for summary judgment and stating that Appellee was entitled to $7,092.56 in damages. The final judgment awarded that amount, in addition to costs and pre-judgment interest, for a total- award of $13,695.58.

More than a year after entry of the final judgment, Appellants filed a motion to vacate. They asserted that the circuit court lacked subject matter jurisdiction because Appellee stated in her summary judgment motion that she' was due $7,092.56 in damages for unpaid royalties. Appellants argued that Appellee effectively acknowledged that the court was without jurisdiction because the amount in controversy did not exceed the $15,000 threshold needed to invoke the circuit court’s jurisdiction.

The trial court entered an order denying the motion to vacate without explanation. This non-final appeal follows. See Fla. R. App. P. 9.130(a)(5)..

Analysis

We generally review a trial court’s ruling on a motion to vacate for an abuse of discretion. Vercosa v. Fields, 174 So.3d 550, 552 (Fla. 4th DCA 2015). However, “[w]hether a judgment is void is a question of law reviewed de novo.” Id,

A party may move at any time to vacate a final judgment as void due to-lack of subject matter jurisdiction. Kathleen G. Kozinski, P.A. v. Phillips, 126 So.3d 1264, 1268 (Fla. 4th DCA 2013). Florida circuit courts have subject matter jurisdiction over actions at law in which the matter in controversy exceeds $15,000, exclusive of interest, costs, and attorney’s fees. See §§ 26.012(2)(a) and 34.01(l)(c), Fla. Stat. (2016). “[A] court’s subject matter jurisdiction over a case generally depends on the good-faith allegations in the complaint as to an amount in controversy.” Bogdanoff v. Broken Sound Club, Inc., 154 So.3d 410, 411 (Fla. 4th DCA 2014). “The test in determining the jurisdiction of the court ‘is the amount in good faith claimed or put in controversy when the action, is commenced.’” Thibadeau v. Santini Bros., Inc., 315 So.2d 550, 552 (Fla. 4th DCA 1975) (quoting Castellano v. Bader Bros. Van Lines, Inc., 208 So.2d 842, 842 (Fla. 3d DCA 1968)).

Once jurisdiction is properly invoked by filing the complaint, “the circuit court retain[s] jurisdiction to. enter an award, irrespective of the amount.” Cooperativa De Seguros Multiples De v. Cintron, 44 So.3d 623, 624 (Fla. 5th DCA 2010) (Torpy, J., concurring); see also Thibadeau, 315 So.2d at 552; Philip J. Padovano, Florida Civil Practice § 1.5 (2016 ed.) (“If the jurisdiction of the circuit court is invoked by a proper allegation, it will not be defeated on the ground that the award of damages is less than the jurisdictional amount for filing a case in the circuit court.”).

In this case, Appellee asserted in her complaint that “[a]ll claims made-herein are for damages ■ in access [sic] of $15,000.00, exclusive of attorneys’ fees, interest and costs.” There is no evidence in the record that Appellee’s claim for damages in excess of $15,000 in her complaint was not made in good faith (the lower amount sought by Appellee in her subsequent motion for summary judgment was calculated from sales numbers obtained only in the course of discovery). Moreover, Appellants explicitly conceded the “good faith” issue in their reply brief. Cf. Cintron, 44 So.3d at 625 (Orfinger, J., dissenting) (stating that,, where plaintiff knew damages were below jurisdictional threshold when filing amended complaint, the plaintiffs-claim for damages in excess of $15,000 “could not have,... been made in good faith”).

Conclusion

The circuit’court in this case had subject matter jurisdiction at'the time it entered the final judgment because it had jurisdiction at the time Appellee filed the complaint, where she sought in good faith, damages in excess of $15,000. Consequently, the subsequent motion- to vacate was without merit. ...

Affirmed.

Warner, J., concurs.

Gross, J., concurs in result.

      . While this means a circuit court has jurisdiction to enter a judgment for $15,000 or less, (assuming a good-faith demand in the complaint), “notwithstanding the bona fides of the plaintiffs demand at the time of institution of suit, as a matter of judicial power the county, court is precluded from entering a judgment for damages in excess of its mandated jurisdiction." White v. Marine Transp. Lines, Inc., 372 So.2d 81, 84 (Fla. 1979) (emphasis added); accord Bogdanoff, 154 So.3d at 411.


author: Levine, J.

text:
    STATE of Florida, Appellant, v. Alexander LEE, Appellee.
    No. 4D16-2269
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2017]

      Pamela Jo Bondi, Attorney General, Tallahassee, and Joseph D. Coronato, Jr., Assistant Attorney General, West Palm Beach, for appellant.
    Carey Haughwout, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellee.
   Levine, J.

The state appeals the trial court’s entering a judgment of acquittal after a jury found appellant guilty of possession of cocaine. We find that, when viewing the facts in the light most favorable to the state, the trial court erred in granting the judgment of acquittal and, as such, we reverse.

Police stopped appellee’s car after seeing him park at a house, whereupon a man entered the passenger side of the car for a few minutes and then left. The officers’ subsequent search of the car revealed a small rock of crack cocaine on the sliding track under the driver’s seat. The evidence at trial established that the car’s registration “came back to” appellee, but there was no evidence as to whether he owned the car or whether anyone else drove or rode in the vehicle regularly.

The jury returned a guilty verdict. The trial court then granted appellee’s motion for judgment of acquittal, stating:

And I’m. surprised the jury came back the way they did. But under these facts, there is definitely zero evidence to show that [appellee] was reaching that way, had thrown something' that way, had made no statements. The only evidence in this case was he was driving the vehicle.
You go rent a car, you borrow somebody’s car, you have to start searching now all. the different crevasses to be sure there’s .not a crack rock there. I don’t think that’s what the law is designed for.

The state is permitted to appeal a judgment of acquittal entered after a jury verdict. See § 924.07(j), Fla. Stat. (2009); Fla. R. App. P. 9.140(c)(1)(E). No double jeopardy issue arises because, if there is a reversal, all that is necessary is a reinstatement of a verdict, not a retrial. State v. Rincon, 700 So.2d 412, 414 (Fla. 3d DCA 1997).

We review de novo whether the evidence is legally sufficient to support the trial court’s granting of a judgment of acquittal. State v. Konegen, 18 So.3d 697, 698 (Fla. 4th DCA 2009). We apply the competent substantial evidence standard considering the evidence in the light most favorable to the state to decide whether a judgment of acquittal is proper. Id. at 699.

“In moving for a judgment of acquittal, a defendant admits not only the facts stated in the evidence, but also every reasonable conclusion favorable to the State that the fact finder might fairly infer from the evidence.” State v. Odom, 862 So.2d 56, 59 (Fla. 2d DCA 2008). A trial court should not grant, a motion for judgment of acquittal “unless the evidence, when viewed iñ a light most favorable to the State, fails to establish a prima facie case of guilt.” Id. If the state establishes a prima facie case of guilt, a trial court errs in granting a motion for judgment of acquittal.

A defendant may be .convicted of possession if he is found to be in constructive possession of contraband. Constructive possession can be proven by showing that the defendant had knowledge of the presence of the contraband and that he exercised control over it. Ubiles v. State, 23 So.3d 1288, 1291 (Fla. 4th DCA 2010). “If the premises on which the drugs are found are in the exclusive possession and control of the accused, knowledge of their presence on such premises coupled with his ability to maintain control, over them may be inferred.” Lee v. State, 835 So.2d 1177, 1179 (Fla. 4th DCA 2002) (citation omitted). This- rebuttable, inference stands even when the state offers no evidence of how the defendant came, to possess the vehicle in which drugs were found. Id. at 1180.

For instance, in Odom, the defendant was presumed to have knowledge of the cocaine found in his car because the ear was in his exclusive possession. 862 So.2d at 58. The Second District therefore reversed the judgment of acquittal because there was sufficient evidence, in 'light of the presumption, to support the jury’s guilty verdict. Id. at 59.

Similarly, we have reversed with orders to reinstate a jury verdict' when a trial court’s judgment of acquittal invaded the province of the jury by essentially reweighing conflicting evidence. See Konegen, 18 So.3d at 700 (noting that “the force of ... conflicting testimony should not be determined on a .motion for judgment of acquittal”) (citation omitted). We. have also ■reversed a judgment of acquittal when it was reasonable for a .jury to conclude, based on the evidence, that every element of the charged crime was satisfied. See State v. Herron, 70 So.3d 705, 707 (Fla. 4th DCA 2011) (reversing for reinstatement of a burglary verdict when the jury reasonably found that the defendant remained in ■the dwelling with intent to commit a battery).

Here, the jury could have properly found appellee guilty of possession of cocaine under the theory of constructive possession. The evidence established that appellee was in possession and control of the car when the rock of cocaine was discovered, This alone is sufficient to establish a prima facie ease of guilt. See Lee, 835 So.2d at 1179 (concluding that the “inference that may be drawn from -sole occupancy of a vehicle in which contraband is found” is enough to prove a prima facie case of possession).

The defense failed to introduce any evidence rebutting the presumption of knowledge that arose from appellee’s control and possession of the car. The fact that another person had briefly been in the car, without more, does not negate'the inference of constructive possession. See id. (emphasizing that the presumption turns on whether control of the vehicle was “vested in [the defendant] alone”) (citation omitted).

Because , the evidence, viewed in a light most favorable to the state, established au unrebutted prima facie case of constructive possession, the- trial court’s entry of a judgment of acquittal was improper. See Odom, 862 So.2d at 59. We therefore reverse and remand for the trial court to reinstate the jury’s verdict and proceed with sentencing.

Reversed and remanded for further proceedings.

Gerber, C.J., and May, J., concur.