author: MOORE, Judge.

text:
    SHOAL CREEK LAND & CATTLE, LLC v. CITY OF ARAB and City of Arab Historic Preservation Commission
    2160040
    Court of Civil Appeals of Alabama.
    July 14, 2017 Certiorari Denied September 15, 2017
    Alabama Supreme Court 1160945
    Hugh M. Flanagan of Long & Flanagan, LLC, Guntersville, for appellant.
    Jeffrey McLaughlin of McLaughlin & Edmondson, LLC, Guntersville, for appellees.
    On Application for Rehearing
   MOORE, Judge.

This court's opinion of May 5, 2017, is withdrawn, and the following is substituted therefor.

Shoal Creek Land & Cattle, LLC ("Shoal Creek"), appeals from a judgment entered by the Marshall Circuit Court ("the circuit court") upholding a determination of the City of Arab Historic Preservation Commission ("the AHPC") denying an application by Shoal Creek for a certificate of appropriateness ("COA"). We reverse the judgment.

Background

In 2009, Shoal Creek purchased a building ("the building") in downtown Arab. In January 2014, the City of Arab established the City of Arab Downtown Historic District ("the historic district"), see City of Arab Ordinance No. 2014-4, which included the area in which the building is located. In October and November 2014, Shoal Creek replaced four of the second-floor windows of the building. The AHPC discovered the modifications and directed Shoal Creek to file an application for a COA. See Ala. Code 1975, § 11-68-9(a) ("No change in the exterior appearance of ... any building ... within an historic district may be made[ ] ... unless and until a certificate of appropriateness for such change ... is approved by the historic preservation commission created by the municipality designating the historic property or the historic district."). Shoal Creek filed the COA application, which the AHPC denied on November 25, 2014.

The AHPC meeting minutes from November 25, 2014, indicate that the AHPC denied the COA application on the ground that the replacement windows "do not meet the approved window guidelines." On November 26, 2014, the AHPC sent a letter to Shoal Creek explaining that the AHPC had denied the application for the COA for the following two reasons:

"1. The windows you selected were inappropriate in material choice and glazing pattern. Historic photos indicate that the original windows appeared to be double hung, wooden sash windows. The windows you selected were vinyl, vertical gliding windows.
"2. The work you undertook on the building was not in keeping with the general historic character of your building or the Downtown Arab Historic District of which it is a part ...."

At trial, Michael Gullion, the chairperson of the AHPC, testified that the AHPC had denied the COA for the two reasons quoted above.

Gullion specifically testified that the windows violated the window-design standards contained on page 21 of the AHPC's "General Design Guidelines," which provide, in pertinent part:

"b. Standards for Rehabilitation and Alteration.
"The following standards shall be applied to all rehabilitation or alteration of contributing buildings and structures in the district.
"....
"8. Windows "• Maintain the original number, location, size, and glazing pattern on primary building elevations, "• Maintain historic window openings and proportions. "... Inappropriate: "... •Aluminum or vinyl"

Gullion testified that, in violation of the window-design standards set forth above, the replacement windows installed by Shoal Creek contained vinyl and did not maintain the glazing pattern of the original windows installed in the building.

On January 5, 2015, Shoal Creek filed a notice of appeal to the circuit court. See Ala. Code 1975, § 11-68-10, and City of Arab Ordinance No. 2013-1, § V(O ). On February 5, 2015, the City of Arab and the AHPC filed an answer and counterclaimed for injunctive relief. On March 3, 2015, Shoal Creek filed a reply to the counterclaim.

After a trial, the circuit court entered a final judgment on May 10, 2016, upholding the AHPC's decision to deny the application for a COA and ordering Shoal Creek "to install appropriate windows, as approved by [the AHPC,] and [notifying Shoal Creek] that further changes to the structure shall be in compliance with the City of Arab's Historic Preservation Ordinance." On June 9, 2016, Shoal Creek filed a postjudgment motion, which the circuit court denied on July 15, 2016. On August 26, 2016, Shoal Creek filed its notice of appeal to the supreme court, which deflected the appeal to this court. See Ala. Code 1975, § 12-2-7(6).

Issues

On appeal, Shoal Creek argues that the AHPC had no discretion to deny its COA application because, it says, the AHPC's window-design standards do not apply to the building and because, it says, the AHPC exceeded its authority by requiring Shoal Creek to restore the windows to their original, 1930s appearance. We find the first issue to be dispositive, so we do not address the second issue.

Discussion

City of Arab Ordinance No. 2013-1 ("the 2013 ordinance") and City of Arab Ordinance No. 2014-4 ("the 2014 ordinance") vest the AHPC with the authority to prohibit the modification of the exterior appearance of buildings within the historic district by denying an application for a COA. However, the power to deny an owner of private property the right to modify the appearance of that property must be circumscribed by uniform standards applicable to all citizens. As explained by our supreme court in Smith v. City of Mobile, 374 So.2d 305 (Ala. 1979) :

" ' "Municipal ordinances, placing restrictions upon lawful conduct, or the lawful use of property, must, in order to be valid, specify the rules and conditions to be observed in such conduct of business, and must admit of the exercise of the privilege by all citizens alike who will comply with such rules and conditions, and must not admit of the exercise, or of an opportunity for the exercise, of any arbitrary discrimination by the municipal authorities between citizens who will so comply." ' "

374 So.2d at 308 (quoting Longshore v. City of Montgomery, 22 Ala.App. 620, 622, 119 So. 599, 600 (1928), quoting in turn City Council of Montgomery v. West, 149 Ala. 311, 314, 42 So. 1000, 1000-01 (1907), quoting in turn City of Richmond v. Dudley, 129 Ind. 112, 28 N.E. 312, 314 (1891) ).

Section 11-68-9(c), Ala. Code 1975, provides that "[t]he [historic preservation] commission shall adopt general design standards which shall apply in considering the granting and denial of certificates of appropriateness." Section 11-68-11(a), Ala. Code 1975, provides, in pertinent part:

"The historic preservation commission shall approve an application and issue a certificate of appropriateness if it finds that the proposed change, erection, or demolition conforms to the general design standards established by the commission, is compatible with the character of the historic property or historic district and does not detract from the value of the historic property or historic district."

(Emphasis added.) The legislature intended that historic preservation commissions should formulate design standards by which the commissions would adjudge whether a proposed change should be permitted to the exterior appearance of a building within a historic district. The design guidelines represent the specific rules and conditions to which owners of buildings within a historic district must comply and control the discretion of a historic preservation commission by establishing certain standards that the commission must follow in denying an application for a COA in order to prevent it from arbitrarily discriminating against citizens based on vague or unspecified criteria. See Smith, supra.

Section V(I) of the 2013 ordinance complies with § 11-68-9(c) by requiring the AHPC to adopt general design standards that "shall apply in considering the granting and denial of Certificates of Appropriateness." The AHPC complied with the law and the 2013 ordinance by adopting "General Design Guidelines" on April 8, 2014. Article VII, § 2.b.8., containing the window-design standards at issue in this case, provides, in pertinent part:

"b. Standards for Rehabilitation and Alteration. "The following standards shall be applied to all rehabilitation or alteration of contributing buildings and structures in the district. ". . . . "8. Windows "• Maintain the original number, location, size, and glazing pattern on primary building elevations, "• Maintain historic window openings and proportions. ". . . Inappropriate: ". . . •Aluminum or vinyl"

Michael Gullion, the AHPC chairperson, testified that the AHPC denied the application for a COA filed by Shoal Creek because Shoal Creek had violated the window-design standards by installing vinyl windows with a different glazing pattern than that contained in the original windows installed in the 1930s.

Shoal Creek points out that the window-design standards fall within the "Standards for Rehabilitation and Alteration," which apply solely to "contributing buildings and structures within the district." Shoal Creek argues that the window-design standards do not apply to the building because it is undisputed that the building is classified as a "noncontributing" building. When a historic preservation commission establishes a historic district, it must classify every building within the district as either "contributing," meaning that it "contributes to the district," or "noncontributing," meaning that it "does not contribute to the district." 2013 ordinance, § IV(B)(3). The AHPC classified the building as "noncontributing" because the exterior appearance of the building had been substantially modified from its original 1930s condition. Shoal Creek contends that the AHPC window-design standards did not prohibit it from replacing the windows in the building, a noncontributing building, using the vinyl material and glazing pattern it selected. We agree.

The "Standards for Rehabilitation and Alteration" "shall be applied to all rehabilitation or alteration of contributing buildings and structures in the district." (Emphasis added.) As a matter of grammatical construction, the adjective "contributing" modifies both the word "buildings" and "structures," so all the rehabilitation standards apply to "contributing buildings" and "contributing structures" in the historic district. See, e.g., Ex parte State ex rel. Attorney General, 207 Ala. 585, 586, 93 So. 382, 382 (1922) (noting that the proper grammatical construction of the phrase "[a]ny intoxicating bitters or beverages by whatever name called" is that "intoxicating" modifies both "bitters" and "beverages"); see also Ward Gen. Ins. Servs., Inc. v. Employers Fire Ins. Co., 114 Cal.App.4th 548, 554, 7 Cal.Rptr.3d 844, 849 (2003) ("Most readers expect the first adjective in a series of nouns or phrases to modify each noun or phrase in the following series unless another adjective appears."); People v. Lovato, 357 P.3d 212, 221 (Colo. App. 2014) (adjective ordinarily modifies all nouns used in a conjunctive phrase); Lewis v. Jackson Energy Coop. Corp., 189 S.W.3d 87, 92 (Ky. 2005) ("[A]n adjective at the beginning of a conjunctive phrase applies equally to each object within the phrase. In other words, the first adjective in a series of nouns or phrases modifies each noun or phrase in the following series unless another adjective appears."); In re Estate of Pawlik, 845 N.W.2d 249, 252 (Minn. Ct. App. 2014) (Under the series-qualifier canon of statutory construction, " 'when several words are followed by a clause which is applicable as much to the first and other words as to the last, the natural construction of the language demands that the clause be read as applicable to all.' " (quoting Porto Rico Ry., Light & Power Co. v. Mor, 253 U.S. 345, 348, 40 S.Ct. 516, 64 L.Ed. 944 (1920) )); and Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 147 (2012) ("When there is a straightforward, parallel construction that involves all nouns or verbs in a series, a prepositive or postpositive modifier normally applies to the entire series.").

The adjective "contributing" does not modify solely the word "buildings" so that the window-design standards apply to all "structures," whether contributing or noncontributing, as Gullion testified at trial. As explained above, the legislature requires historic preservation commissions to adopt design guidelines to inform citizens within a historic district of the rules and regulations to which they must comply. A historic preservation commission must use plain language that follows the rules of grammar so that citizens can readily determine the meaning of the design standards. See generally Faulkner v. Town of Chestertown, 290 Md. 214, 228, 428 A.2d 879, 885 (1981). We must give considerable weight to a reasonable interpretation of a historic preservation commission regarding the design standards it adopts and administers, see Miller v. City of Annapolis Historic Pres. Comm'n, 200 Md.App. 612, 636, 28 A.3d 147, 161 (2011), but the AHPC cannot use a strained construction that violates basic grammatical rules in order to bring a noncontributing building within the scope of a design standard applicable to only contributing buildings.

We acknowledge that the authority of the AHPC extends to all buildings within the historic district. Section 11-68-9 expressly provides that no change to "any building" within a historic district can be made unless a COA has been approved by the governing historic preservation commission. That statute, along with the 2014 ordinance, gives the AHPC the authority to review changes to the exterior appearance of noncontributing buildings within the historic district to assure compliance with applicable design standards. Indeed, some of the passages within the AHPC design guidelines generally apply to all buildings within the historic district and other specific design guidelines adopted by the AHPC also may well apply to noncontributing buildings. However, the window-design standards, the only design standards at issue in this case, do not apply to noncontributing buildings, so we decline to address in the abstract the scope of the authority of the AHPC over such buildings.

Article III of the AHPC's design guidelines provides, in pertinent part, that "[t]he Commission shall deny a Certificate of Appropriateness if it finds that the proposed work is not consistent with the Design Guidelines." The AHPC denied the COA application filed by Shoal Creek because it found that the replacement windows violated the window-design standards. The AHPC did not rely on any other provision in its design guidelines for denying the COA application. We conclude that the AHPC based its denial on a faulty interpretation of the window-design standards. The window-design standards do not provide a rational basis for the determination of the AHPC, which otherwise had no other specific criteria upon which to deny the COA application.

Because Shoal Creek did not violate the window-design standards, the AHPC could not deny its COA application on the alternative ground that the style of the replacement windows conflicted with the general historical character of the building or the historic district, which ground it supported at trial with the opinion of expert witnesses. In Smith, supra, property owners challenged a planning commission's denial of a proposed resubdivision of a lot based on the planning commission's decision that " 'the lots would be out of character with the other lots in the area.' " Smith, 374 So.2d at 306. Although the lots met the specific regulation governing the minimum area requirements for lots in the subdivision, the planning commission justified its authority to deny the proposed resubdivision based on the following general provision in the regulations: " 'The size, width, depth, shape and orientation of lots and the minimum building setback lines shall be appropriate to the location of the subdivision and the type of development and use contemplated. Every lot shall contain a suitable building site.' " 374 So.2d at 307. Our supreme court held, however, that the planning commission was bound by its ordinance and that it could not "ignore the specific criteria ... and [exercise] discretion ... which is unguided by uniform standards, and capable of arbitrary application." 374 So.2d at 309.

Based on the reasoning of Smith, a historic preservation commission cannot deny a proposed change solely on the basis of its opinion that the proposed change conflicts with the general character of the historic district, which is too vague a standard. Instead, the legislature intended that a historic preservation commission can deny a proposed change to a building within a historic district based only on specific uniform standards. In the present case, the replacement windows installed by Shoal Creek did not violate the window-design standards, the only specific criteria upon which the AHPC relied to deny the COA application filed by Shoal Creek. Pursuant to Smith, supra, because the replacement windows did not violate the window-design standards, the AHPC could not deny the COA application filed by Shoal Creek based solely on its opinion that the replacement windows did not conform to the general character of the historic district.

In reviewing the actions of the AHPC, the circuit court was limited to determining whether the AHPC had a rational basis for denying the COA application or whether it acted in an arbitrary manner. See In re 67 Vestry Tenants Ass'n v. Raab, 172 Misc.2d 214, 218, 658 N.Y.S.2d 804, 807 (Sup. Ct. 1997). Based on the foregoing, we conclude that the AHPC had no rational basis for enforcing the window-design standards against Shoal Creek and that the AHPC could not deny the COA application solely on the ground that the replacement windows did not conform to the general character of the historic district, a standard "capable of arbitrary application." Smith, 374 So.2d at 309. We, therefore, reverse the judgment of the circuit court and remand the case for the entry of a judgment consistent with this opinion.

APPLICATION OVERRULED; OPINION OF MAY 5, 2017, WITHDRAWN; OPINION SUBSTITUTED; REVERSED AND REMANDED WITH INSTRUCTIONS.

Pittman, Thomas, and Donaldson, JJ., concur.

Thompson, P.J., concurs specially.

THOMPSON, Presiding Judge, concurring specially.

The language set forth in the General Design Guidelines ("guidelines") of the City of Arab Historic Preservation Commission ("AHPC") provides that "[t]he following standards shall be applied to all rehabilitation or alteration of contributing buildings and structures in the [historic] district." General Design Guidelines, Article VII, § 2.b. One of those standards regarding the alteration of windows does not apply to the building at issue. Id. at § 2.b.8. Thus, I concur with the main opinion that, based on that language, the AHPC could not properly prohibit Shoal Creek Land & Cattle, LLC ("Shoal Creek"), from replacing the windows of its building located within the historic district ("the building") with windows that did not comply with the guidelines.

I write specially to point out that the language in Article VII, § 2.b., appears to be an aberration. In enacting the law that authorizes municipalities to require a certificate of appropriateness for changes to buildings within an historic district, the Alabama Legislature appears to have contemplated that all buildings and structures within the historic district would be subject to design guidelines, regardless of whether they were "contributing" buildings or not. See § 11-68-9(a), Ala. Code 1975 ("No change in the exterior appearance of an historic property or any building, structure, or site within an historic district may be made, and no historic property may be demolished, and no building or structure in an historic district may be erected or demolished unless and until a certificate of appropriateness for such change, erection, or demolition is approved by the historic preservation commission created by the municipality designating the historic property or the historic district." (emphasis added)).

Similarly, the City of Arab ("the city") adopted Ordinance No. 2013-1 on January 8, 2013, establishing the AHPC. The purpose of the ordinance is "to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, ... in accordance with the provisions of the Ordinance." § I, Ordinance No. 2013-1. The ordinance provides that a "certificate of appropriateness" is required to make "a change [to a building or structure] that will effect either the exterior architectural or environmental features of an historic property or any building, structure, site, object, landscape feature or work of art within an historic district." § II(F), Ordinance No. 2013-1.

I note that Ordinance No. 2013-1 provides that, regarding the recommendation and designation of proposed historic districts and properties, the evaluation of historic districts calls for properties within the district to be classified as either "contributing (contributing to the district)" or "noncontributing (does not contribute to the district)." § IV(B)3, Ordinance No. 2013-1. Section IV also sets forth the criteria the AHPC is to consider when selecting an historic district. I believe that the city intended for the distinction between a contributing building and a noncontributing building to apply only in the initial determination as to whether a proposed historic district met the required criteria to warrant designation as an historic district.

Section V of Ordinance No. 2013-1 provides:

"After the designation by ordinance of an historic property or of an historic district, no historic property may be demolished, no building or structure in an historic district may be erected or demolished and no material change in the exterior appearance of such historic property, or of a structure, site, object, or work of art within such historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a Certificate of Appropriateness has been submitted to and approved by the [AHPC]."

§ V(A), Ordinance No. 2013-1 (emphasis added). The plain language of the ordinance does not create an exception for the need of a COA for "noncontributing" buildings or structures. The guidelines themselves also provide that proposed projects for exterior work on "all properties" within an historic district are subject to review by the AHPC "for their appropriateness to the historic district." General Design Guidelines, Art. II.

Based on the language in the authorizing statute, the applicable city ordinance, and the guidelines themselves, I believe that the intent of the legislature and of the city was to have the guidelines apply to each building or structure within a designated historic district. However, the plain language of the section of the guidelines setting forth the standards for the replacement of windows, among other alterations, explicitly excludes the applicability of those standards from the building at issue in this case. Therefore, I reluctantly agree with the main opinion that the AHPC had no basis on which to enforce the guidelines against Shoal Creek.

      The AHPC did not deny the application because it was filed after the replacement work had been completed, and the AHPC informed the circuit court that it was not contending that the denial of the application could be upheld on that ground. Therefore, we do not discuss that point.

      Shoal Creek also asserted various claims for a declaratory judgment, but it abandoned those claims at the commencement of the trial.

      We note that the building was not designated as a historic property. See Ala. Code 1975, § 11-68-6.


source: Caselaw Access Project

author: JOINER, Judge. WINDOM, Presiding Judge, concurring in part and dissenting in part. KELLUM, Judge, dissenting.

license: Public Domain

text:
    Patrick Maurice GILES v. STATE of Alabama
    CR-15-1406
    Court of Criminal Appeals of Alabama.
    September 8, 2017
    Patrick Maurice Giles, pro se.
    Luther Strange, atty. gen., and James B. Prude, asst. atty. gen., for appellee.
    On Return to Remand

      Note from the reporter of decisions: On January 27, 2017, this case was remanded by order.

   JOINER, Judge.

Patrick Maurice Giles appeals the summary dismissal, by the Montgomery Circuit Court, of his second petition for postconviction relief filed pursuant to Rule 32, Ala. R. Crim. P., in which he alleged, among other things, that he was entitled to an out-of-time appeal of the dismissal of his first Rule 32 petition.

Giles pleaded guilty in May 2015 to first-degree robbery, see § 13A-8-41, Ala. Code 1975; he was sentenced to 240 months' imprisonment for that conviction. Giles filed the instant Rule 32 petition, his second, on May 12, 2016, and asserted several grounds for relief. Those grounds included claims attacking the underlying conviction as well as a claim that Giles was entitled to an out-of-time appeal from the dismissal of his first Rule 32 petition. The circuit court summarily dismissed the second Rule 32 petition, and Giles appealed to this Court.

On original submission, Giles reiterated his claim that he was entitled to an out-of-time appeal from the dismissal of his first Rule 32 petition, which occurred on October 30, 2015. Giles alleged that, through no fault of his own, he did not receive notice of the dismissal until April 18, 2016, and therefore failed to file a timely notice of appeal. See Rule 32.1(f), Ala. R. Crim. P.

In a January 27, 2017, order remanding the cause with instructions, this Court noted that, although the State had filed a motion to dismiss the second Rule 32 petition, the State had not specifically refuted Giles's allegations regarding an out-of-time appeal of the dismissal of the first Rule 32 petition. This Court further noted that, in its order dismissing Giles's second Rule 32 petition, the circuit court had not specifically addressed Giles's claim regarding an out-of-time appeal. Accordingly, because the claim appeared to be sufficiently pleaded, see Rule 32.3, Ala. R. Crim. P., this Court remanded this matter to the circuit court for that court to allow Giles an opportunity to prove his claim seeking an out-of-time appeal.

On remand, the circuit court held an evidentiary hearing and subsequently entered an order granting Giles an out-of-time appeal of the dismissal of his first Rule 32 petition. Thus, Giles has been granted relief on one of the claims in his second Rule 32 petition-i.e., his claim that he was entitled to an out-of-time appeal from the dismissal of his first Rule 32 petition.

Ordinarily, when a petitioner is granted the relief he or she has requested, this Court will dismiss the petitioner's appeal. Giles's case, however, differs from such cases because his second Rule 32 petition, in addition to the claim seeking an out-of-time appeal, presents other claims asserting grounds for relief under Rule 32.1.

Rule 32.1, Ala. R. Crim. P., provides several grounds for relief. It states, in relevant part:

"Subject to the limitations of Rule 32.2, [Ala. R. Crim. P.,] any defendant who has been convicted of a criminal offense may institute a proceeding in the court of original conviction to secure appropriate relief on the ground that:
"(a) The constitution of the United States or of the State of Alabama requires a new trial, a new sentence proceeding, or other relief.
"(b) The court was without jurisdiction to render judgment or to impose sentence.
"(c) The sentence imposed exceeds the maximum authorized by law or is otherwise not authorized by law.
"(d) The petitioner is being held in custody after the petitioner's sentence has expired.
"(e) Newly discovered material facts exist which require that the conviction or sentence be vacated by the court ....
"....
"(f) The petitioner failed to appeal within the prescribed time from the conviction or sentence itself or from the dismissal or denial of a petition previously filed pursuant to this rule and that failure was without fault on the petitioner's part.
"A petition that challenges multiple judgments entered in more than a single trial or guilty-plea proceeding shall be dismissed without prejudice."

In Banville v. State, [Ms. CR-15-1384, March 17, 2017] --- So.3d ---- (Ala. Crim. App. 2017), this Court discussed the nature of a claim under Rule 32.1(f) and how such a claim differs from the other grounds for relief stated in Rule 32.1. We noted:

"The relief sought by a petitioner pursuant to Rule 32.1(f) seeking an out-of-time appeal differs completely from the relief from a conviction and sentence, or an illegal sentence, that a petitioner would seek under Rules 32.1(a) through 32.1(e). A petition seeking relief under Rule 32.1(f) does not challenge the underlying conviction or sentence. It only formally requests the trial court to find that the petitioner had failed to file an appeal from a conviction and sentence, or a previous Rule 32 petition, because the petitioner had failed to perfect an appeal through no fault of his own."

--- So.3d at ---- (emphasis added). As to whether a first petition alleging a claim under Rule 32.1(f) would preclude as successive a subsequent petition alleging other grounds, we noted:

" Rule 32.2(b) precludes a successive petition where the petitioner has previously 'filed a petition that challenges any judgment.' Because a petition seeking an out-of-time appeal pursuant to 32.1(f) does not challenge any judgment,[ ] a second petition following it would not be successive under the plain language of Rule 32.2(b)."

--- So.3d at ---- n. 2 (emphasis added).

Thus, a claim under Rule 32.1(f) -as one that "differs completely from the relief ... that a petitioner would seek under Rules 32.1(a) through 32.1(e)," Banville, --- So.3d at ---- may properly be construed as an alternative ground for relief when accompanied by additional claims under Rules 32.1(a) through 32.1(e). Here, as noted above, Giles has been granted relief on his claim under Rule 32.1(f) for an out-of-time appeal of the dismissal of his first Rule 32 petition. As a result, Giles's first Rule 32 proceedings have been reopened, and he has been permitted to file an appeal of those proceedings. See Waters v. State, 155 So.3d 311, 316 (Ala. Crim. App. 2013) ("Rule 32 ... authorizes the circuit court to, in essence, reopen the proceedings that led to the petitioner's conviction and sentence if the petitioner demonstrates he is entitled to relief. Our caselaw illustrates that when a Rule 32 petitioner obtains relief, the proceedings are reopened at the point necessary for the circuit court to address the particular problem in that case.").

Because the first Rule 32 proceedings have been reopened as a result of Giles's obtaining an out-of-time appeal of the dismissal of his first Rule 32 petition, the circuit court should hold in abeyance the remaining claims in Giles's second Rule 32 petition pending the outcome of the appeal of his first Rule 32 petition. Cf. Ex parte Bogan, 814 So.2d 305, 305-06 (Ala. Crim. App. 2001) ("The circuit court had no jurisdiction to dismiss the [petitioner's second] petition while the dismissal of [the petitioner's first] petition was pending on direct appeal. See Barnes v. State, 621 So.2d 329 (Ala. Crim. App. 1992). ' "The general rule is that jurisdiction of one case cannot be in two courts at the same time." ' Rogers v. State, 782 So.2d 847 (Ala. Crim. App. 2000), quoting Ex parte Hargett, 772 So.2d 481 (Ala. Crim. App. 1999)."). Accordingly, that part of the circuit court's judgment dismissing the claims in the second Rule 32 petition other than the claim seeking an out-of-time appeal is due to be reversed.

That part of Giles's appeal challenging the dismissal of his claim for an out-of-time appeal is dismissed, because Giles has obtained relief on that claim. As to the remaining claims raised in Giles's second Rule 32 petition, the circuit court's judgment is reversed, and that court is directed to hold those claims in abeyance until after Giles has had the opportunity to pursue an appeal from the judgment dismissing his first Rule 32 petition.

APPEAL DISMISSED IN PART; JUDGMENT REVERSED IN PART.

Welch and Burke, JJ., concur. Windom, P.J., concurs in part and dissents in part, with opinion. Kellum, J., dissents, with opinion.

WINDOM, Presiding Judge, concurring in part and dissenting in part.

I concur in the majority's decision to dismiss part of Giles's appeal. I respectfully dissent from the remainder of the majority's decision.

KELLUM, Judge, dissenting.

I believe that the circuit court's judgment should have been reversed on original submission and the cause remanded for the circuit court to dismiss Patrick Maurice Giles's second Rule 32, Ala. R. Crim. P., petition for postconviction relief, without prejudice, so that Giles could file separate petitions-one requesting an out-of-time appeal from the circuit court's dismissal of his first Rule 32 petition and one challenging his conviction and sentence.

Even if I agreed that a request for an out-of-time appeal is not a challenge to the underlying judgment from which the appeal is sought, I cannot agree with the procedure this Court has adopted in this case for handling situations in which a postconviction petitioner, in a single petition, challenges a judgment of conviction and also seeks an out-of-time appeal from a different judgment (in this case, the dismissal of a previous Rule 32 petition). Although the path taken by the Court in this case appears to comply with the letter of Rule 32.1(f), which provides that "[a] petition that challenges multiple judgments entered in more than a single trial or guilty-plea proceeding shall be dismissed without prejudice," at least when read in light of the statement in Banville v. State, [Ms. CR-15-1384, March 17, 2017] --- So.3d ----, ---- (Ala. Crim. App. 2017) that a request for an out-of-time appeal is not a challenge to a judgment, I do not believe that it complies with the spirit of the law. The spirit of the prohibition in Rule 32.1(f) is to prevent a Rule 32 petitioner from raising claims in a single petition that relate to separate proceedings, as was done in this case. Allowing Rule 32 petitioners to raise claims in a single Rule 32 petition that relate to separate proceedings might lead to confusion, could result in a waste of scarce judicial resources, and will allow petitioners to avoid filing fees they otherwise would have been required to pay.

Therefore, I respectfully dissent.

      In support of this claim, Giles submitted (1) a March 17, 2016, motion he had filed requesting that counsel be appointed in the proceedings initiated by his first Rule 32 petition and (2) a letter from the circuit court informing Giles that it was "not sure why [he had] filed this [motion] to appoint counsel" because his petition had been summarily dismissed on October 30, 2015. (C. 35.)

      In Banville, a petitioner, in response to his first Rule 32 petition, had been granted an out-of-time appeal of his conviction and sentence. After his conviction and sentence were subsequently affirmed in the out-of-time appeal, he filed a second Rule 32 petition alleging that his trial counsel had been ineffective. That petition, however, was dismissed as successive. On appeal, this Court reversed the judgment dismissing the second Rule 32 petition.

      Because a claim seeking an out-of-time appeal under Rule 32.1(f)"does not challenge any judgment," Banville, --- So.3d at ---- n. 2, Giles's second petition could not have been dismissed without prejudice as "[a] petition that challenges multiple judgments entered in more than a single trial or guilty-plea proceeding." Rule 32.1, Ala. R. Crim. P.

      In Banville v. State, [Ms. CR-15-1384, March 17, 2017] --- So.3d ----, ---- (Ala. Crim. App. 2017), this Court stated that a request for an out-of-time appeal from a conviction and sentence pursuant to Rule 32.1(f)"does not challenge the underlying conviction or sentence." I concurred only in the result in Banville, in part because of this language.


author: CANADY, J., concurs in result.

text:
    Manuel Antonio RODRIGUEZ, Appellant v. STATE of Florida, Appellee.
    No. SC15-1278.
    Supreme Court of Florida.
    Aug. 9, 2016.
    This cause is before this Court on Rodriguez's appeal of the summary denial of his "Motion for Determination of Intellectual Disability and Successive Motion to Vacate Death Sentences with Special Request for Leave to Amend" pursuant to Florida Rules of Criminal Procedure 3.851 and 3.203. Rodriguez's motion was filed on May 22, 2015. Rodriguez, who had never before raised an intellectual disability claim, asserted that there was "good cause" pursuant to Rule 3.203(f) for his failure to assert a previous claim of intellectual disability and only after the United States Supreme Court decided Hall v. Florida, 572 U.S. 701, 134 S.Ct. 1986, 188 L.Ed.2d 1007 (2014), did he have the basis for asserting an intellectual disability claim. The trial court rejected the motion as time barred, concluding there was no reason that Rodriguez could not have previously raised a claim of intellectual disability based on Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). The trial court further concluded that Rodriguez could not have relied on Cherry v. State, 959 So.2d 702 (Fla. 2007), which established the bright-line cut-off of 70 for IQ scores disapproved of in Hall, because he never raised an intellectual disability claim after Atkins as required by Rule 3.203.
    We have considered the issues raised, and affirm the trial court's denial of Rodriguez's motion as time-barred for the reasons stated by the trial court.
    LABARGA, C.J., and PARIENTE, LEWIS, POLSTON, and PERRY, JJ., concur.
   CANADY, J., concurs in result.

QUINCE, J., dissents.


text:
    L.G., father of A.G. and G.G., Minor Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    No. 1D17-4834
    District Court of Appeal of Florida, First District.
    June 22, 2018 Rehearing Denied July 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Rodney L. LONG, Jr., Appellant, v. STATE of Florida, Appellee.
    No. 1D17-1047
    District Court of Appeal of Florida, First District.
    June 20, 2018 Rehearing Denied August 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Steve STEPHENS, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2445
    District Court of Appeal of Florida, First District.
    June 19, 2018 Rehearing Denied August 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert Leroy SMITH, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3187
    District Court of Appeal of Florida, First District.
    June 13, 2018 Rehearing Denied August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Michael SUMNER, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2011
    District Court of Appeal of Florida, First District.
    June 28, 2018 Rehearing Denied August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Rodrick CARTER, Appellant, v. Julie L. JONES, Secretary, Florida Department of Corrections, Appellee.
    No. 1D17-3211
    District Court of Appeal of Florida, First District.
    June 27, 2018 Rehearing Denied August 15, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jovan HOWARD, Appellant, v. The FLORIDA DEPARTMENT OF CORRECTIONS, Julie L. Jones, Secretary, Appellee.
    No. 1D18-734
    District Court of Appeal of Florida, First District.
    June 25, 2018 Rehearing Denied August 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    The PENN MUTUAL LIFE INSURANCE COMPANY, Appellant, v. Thomas Y. CROWE, individually, and TYC Management, Inc., Appellees.
    Nos. 1D17-1964 1D17-2409
    District Court of Appeal of Florida, First District.
    June 25, 2018 Rehearing Denied August 15, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Eric HATCHER, Appellant, v. STATE of Florida, Appellee.
    No. 1D16-5546
    District Court of Appeal of Florida, First District.
    July 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Brian S. SIMPKINS, Appellant, v. STATE of Florida, Appellee.
    Nos. 1D16-3775 1D16-4057 (Consolidated)
    District Court of Appeal of Florida, First District.
    July 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Ulysses LYNCH, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3595
    District Court of Appeal of Florida, First District.
    July 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Robert DICK, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-1380
    District Court of Appeal of Florida, First District.
    July 24, 2018 Rehearing Denied August 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Scottie Bernard JENKINS, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-2584
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Alexandra Victoria TOBIAS, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3392
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Sean FLEMON, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2612
    District Court of Appeal of Florida, First District.
    July 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jack MCFARLAND, Appellant, v. FLORIDA COMMISSION ON OFFENDER REVIEW and Florida Department of Corrections, Appellees.
    No. 1D17-1532
    District Court of Appeal of Florida, First District.
    July 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Clifton R. BAXTER, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-1704
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Todd SCHULTHEIS, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-1591
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Harvey Leon HENDERSON, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-0325
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    KISSIMMEE & TOHOPEKALIGA WATER AUTHORITY and Preferred Governmental Claim Solutions, Appellants, v. Jeffrey WEED, Appellee.
    No. 1D17-4645
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    C.L.M., a child, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-466
    District Court of Appeal of Florida, First District.
    July 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    RIVERGOLD, INC., Appellant, v. PAYROLL MANAGEMENT, INC./COMPREHENSIVE INSURANCE SOLUTIONS, INC. /COMMERCIAL RISK MANAGEMENT, INC., and Mariana Costilla, Appellees.
    No. 1D18-0411
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    William Lee WILSON, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3268
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Alexander MURRAY, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-1633
    District Court of Appeal of Florida, First District.
    July 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Terri MITCHELL, Appellant, v. NORTHWEST FLORIDA INVESTMENTS, INC. d/b/a Exit Realty N.F.I., Appellee.
    No. 1D17-4027
    District Court of Appeal of Florida, First District.
    August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   DENIED.


text:
    J.W., Father of A.T., Minor Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    No. 1D18-2188
    District Court of Appeal of Florida, First District.
    August 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Deshonda ROSS, Appellant, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee.
    No. 1D17-5094
    District Court of Appeal of Florida, First District.
    July 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Demeko Ladjuan SIMS, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3362
    District Court of Appeal of Florida, First District.
    July 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    DEPARTMENT OF REVENUE, ON BEHALF OF Tamara SELLERS, Appellant, v. Wesley A. BATTISTE, Appellee.
    No. 1D17-3836
    District Court of Appeal of Florida, First District.
    August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Gary EARVEN, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3148
    District Court of Appeal of Florida, First District.
    August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Daryl Wayne MOLLETT, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-1726
    District Court of Appeal of Florida, First District.
    August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Keith Christopher JOHNSON, Appellant, v. Retia KELLY and Charles P. Johnson, Appellees.
    No. 1D16-3084
    District Court of Appeal of Florida, First District.
    August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Terry Maurice NEWKIRK Jr, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-1110
    District Court of Appeal of Florida, First District.
    August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Julius J. CRUSAW, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3787
    District Court of Appeal of Florida, First District.
    August 7, 2018 Rehearing Denied August 29, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Frederick N. WILSON, Jr., Frederick N. Wilson, and Gina R. Wilson, Appellants, v. Timmy W. CREWS, Appellee.
    No. 1D17-2876
    District Court of Appeal of Florida, First District.
    August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Shelton MITCHELL, Appellant, v. STATE of Florida, Appellee.
    No. 1D15-5905
    District Court of Appeal of Florida, First District.
    August 7, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    David Joshua CRUZ, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3068
    District Court of Appeal of Florida, First District.
    August 8, 2018 Rehearing Denied August 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Wilky Pierre TOUSSAINT, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2910
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Ronald S. NEWMAN, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-0427
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Stephen Laurence GATZKE, Appellant, v. DEPARTMENT OF FINANCIAL SERVICES, Appellee.
    No. 1D17-4976
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Ruben PALMER, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2203
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    George Andrew FOUNTAIN, III, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-272
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Atanas P. STOEV, Appellant, v. Necole G. STOEV, Appellee.
    No. 1D18-724
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Ruben PALMER, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2204
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    William Vonshay WRIGHT, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-712
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Victor Jerome BELL, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-1652
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Melvin J. SUTTON, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2446
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Bradley FRIZZELL, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent.
    No. 1D18-1848
    District Court of Appeal of Florida, First District.
    August 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   DENIED.


text:
    F.W.J., a child, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3984
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    F.W.J., a child, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3986
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    David D. MCLAUGHLIN, Appellant, v. Beverly A. VAN HOOSEN, Appellee.
    No. 1D17-3189
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    F.W.J., a child, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3985
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Marlon Brent BURNETT, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3235
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Willie D'Andre TRIPP, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2834
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    X.Y.J., A Child, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-5246
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Marcus Terrell CRUTCHFIELD, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-821
    District Court of Appeal of Florida, First District.
    August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Myron MCCRAY, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-1342
    District Court of Appeal of Florida, First District.
    August 15, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jemiral MARTINEZ, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-4157
    District Court of Appeal of Florida, First District.
    August 15, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Patrick Lashawn KNOTT, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-551
    District Court of Appeal of Florida, First District.
    August 15, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kathi MANESS, as personal representative of the estate of Philip Maness, Appellant, v. Edward MAYBURY, an individual and Anesthesia Consultants, P.A., a Florida profit corporation, Appellees.
    No. 1D16-4430
    District Court of Appeal of Florida, First District.
    August 14, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Carrie BOATWRIGHT, Appellant, v. WELLS FARGO BANK, N.A., as Trustee FOR OPTION ONE MORTGAGE LOAN TRUST 2005-4, ASSET BACKED CERTIFICATES, SERIES 2005-4, Appellee.
    No. 1D15-4663
    District Court of Appeal of Florida, First District.
    May 30, 2018 Rehearing Denied August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Johnson Christopher JAMERSON, Appellant, v. Julie L. JONES, Secretary, Florida Department of Corrections, Appellee.
    No. 1D17-3998
    District Court of Appeal of Florida, First District.
    May 23, 2018 Rehearing Denied August 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Gary Wesley TENNYSON, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-1810
    District Court of Appeal of Florida, First District.
    May 3, 2018 Rehearing Denied August 15, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Christopher THOMAS, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-4161
    District Court of Appeal of Florida, First District.
    April 6, 2018 Rehearing Denied July 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ronald W. THOMAS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-1334
    District Court of Appeal of Florida, Second District.
    January 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is voluntarily dismissed.


text:
    GRAND VENEZIA COA, INC., Appellant/Petitioner(s), v. CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-3039
    District Court of Appeal of Florida, Second District.
    January 03, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Connie E. JOHNSON, et al., Appellant/Petitioner(s), v. NATIONSTAR MORTGAGE, LLC, Appellee/Respondent(s).
    CASE NO.: 2D17-4666
    District Court of Appeal of Florida, Second District.
    January 03, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Alieda THOMAS, Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D17-3226
    District Court of Appeal of Florida, Second District.
    December 26, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Pavel ISLANOV, Appellant/Petitioner(s), v. SUNTRUST MORTGAGE, INC., et al., Appellee/Respondent(s).
    CASE NO.: 2D17-3248
    District Court of Appeal of Florida, Second District.
    January 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Miranda GEFFON, et al., Appellant/Petitioner(s), v. SOCKOL AND ASSOCIATES, P.A., Appellee/Respondent(s).
    CASE NO.: 2D17-4133
    District Court of Appeal of Florida, Second District.
    January 16, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Edwin SILVA Appellant/Petitioner(s), v. Lillian SILVA, Appellee/Respondent(s).
    CASE NO.: 2D17-4329
    District Court of Appeal of Florida, Second District.
    December 26, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Robert James SPEARS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3853
    District Court of Appeal of Florida, Second District.
    November 28, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    MORTON'S GOURMET, INC., Appellant/Petitioner(s), v. L & S PARTNERS, LLC, Appellee/Respondent(s).
    CASE NO.: 2D16-4489
    District Court of Appeal of Florida, Second District.
    January 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Israel BARNES, Appellant/Petitioner(s), v. Jennifer BARNES, Appellee/Respondent(s).
    CASE NO.: 2D17-2967
    District Court of Appeal of Florida, Second District.
    January 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Phillip TOWNER, Appellant/Petitioner(s), v. GERBER, Appellee/Respondent(s).
    CASE NO.: 2D17-4511
    District Court of Appeal of Florida, Second District.
    December 26, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    RESIDENTS FOR A BETTER COMMUNITY, et al., Appellant/Petitioner(s), v. WCI COMMUNITIES, INC., et al., Appellee/Respondent(s).
    CASE NO.: 2D17-4887
    District Court of Appeal of Florida, Second District.
    December 14, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Writ of prohibition is denied.


text:
    Paul BLAYLOCK, Appellant/Petitioner(s), v. Gabrielle WHITTON, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-4062
    District Court of Appeal of Florida, Second District.
    January 03, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Dean A. SHELLEY, Appellant/Petitioner(s), v. Luis GARCIA-RIVERA, Esq., et al., Appellee/Respondent(s).
    CASE NO.: 2D17-3514
    District Court of Appeal of Florida, Second District.
    December 26, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Rashad ROBINSON, Appellant/Petitioner(s), v. WILMINGTON SAVINGS FUN SOCIETY, FSB, as Trustee, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-3995
    District Court of Appeal of Florida, Second District.
    November 30, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Owen D. DENSON, Jr. a/k/a Hakim Shabazz, Appellant/Petitioner(s), v. Julie JONES, Secretary and State of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4139
    District Court of Appeal of Florida, Second District.
    November 27, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Ernesto ENCHAUTEGUI, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3202
    District Court of Appeal of Florida, Second District.
    January 19, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is voluntarily dismissed.


text:
    CITIZENS PROPERTY INSURANCE CORPORATION, Appellant/Petitioner(s), v. James STIEBEN & Jessica Stieben, Appellee/Respondent(s).
    CASE NO.: 2D17-3749
    District Court of Appeal of Florida, Second District.
    January 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Dorothy M. NELSON, Appellant/Petitioner(s), v. RICHFIELD COMMERCIAL PROPERTIES, LLC, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-2977
    District Court of Appeal of Florida, Second District.
    January 16, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Daniel Thomas PAPALEO, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3998
    District Court of Appeal of Florida, Second District.
    November 14, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    James Leigh FERRIS, Appellant/Petitioner(s), v. Dianna WINN, f/k/a Dianna M. Ferris, Appellee/Respondent(s).
    CASE NO.: 2D17-0951
    District Court of Appeal of Florida, Second District.
    January 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Appeal is dismissed.


text:
    Althea Smith ENGLAND, Appellant/Petitioner(s), v. LTD FAMILY TRUST, LLC, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-4239
    District Court of Appeal of Florida, Second District.
    December 26, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Mohammad MOSTAJABIAN, Appellant/Petitioner(s), v. Behrokh AHMADI, Appellee/Respondent(s).
    CASE NO.: 2D17-2989
    District Court of Appeal of Florida, Second District.
    December 22, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Appellate attorneys' fees is denied.

Appellate attorneys' fees is remanded.


text:
    Christina PAYLAN, M. D., Appellant/Petitioner(s), v. Timothy J. FITZGERALD, Esq., Farmer & Fitzgerald, P. A., Appellee/Respondent(s).
    CASE NO.: 2D17-4990
    District Court of Appeal of Florida, Second District.
    December 19, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Walter A. BRYANT, DOC #S03736, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3157
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ronnie Jerome HARVEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3543
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Daniel Bernard CRAWFORD, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4173
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    E.F., Appellant/Petitioner(s), v. S.C., Appellee/Respondent(s).
    CASE NO.: 2D17-5026
    District Court of Appeal of Florida, Second District.
    January 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Tommy CHAPMAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4905
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Rashard BENNETT, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1070
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Victoria Alicia MARTINEZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1206
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Monterius Desean SHARP, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1379
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Yesuem I. ADORNO, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1413
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Eric Stephen SCHROETER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4512
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    John Jerome SPEIGHTS, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4625
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Thomas TUER, DOC #679374, Appellant, v. MICHAEL P. MADDUX P.A., Michael P. Maddux, and Gregory M. Ludtka, Appellees.
    Case No. 2D16-5114
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Humberto R. CASTILLO, Appellant, v. BAYSIDE ENGINEERING, INC., Appellee.
    Case No. 2D16-5281
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Nidriko Lenzy TILLMAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-5313
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Arthur M. KEELE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-5539
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    William Mack MCGEE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-87
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    GONZALEZ DRYWALL & FRAMING, INC., Appellant, v. DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, Appellee.
    Case No. 2D17-11
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Shawnie Okeith RIGGINS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-138
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Oscar VELAZQUEZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2781
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Thomas LESHER, DOC #D11313, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2808
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jocqui Tenaz RICHARDSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-447
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Willie KIRKLAND, a/k/a Willie Jaquan Kirkland, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1905
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Carol Denise GRINER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2107
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Troy J. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2721
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James B. QUILLIAMS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2762
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Julius J. HALYARD, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2763
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Roy COURAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2766
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Daniel G. DURAIN, DOC #Y02358, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2810
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Will H. QUARTERMAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2831
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mark D. BODDEN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2857
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Alvin MILLER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-756
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Eric Gordon PELLERIN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-947
    District Court of Appeal of Florida, Second District.
    Opinion filed February 2, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jones MARDY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5110
    District Court of Appeal of Florida, Second District.
    February 05, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Shawnie Okeith RIGGINS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-2483
    District Court of Appeal of Florida, Second District.
    February 05, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Lisa GIROUX, Appellant/Petitioner(s), v. Ranchhod KHANT, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-4931
    District Court of Appeal of Florida, Second District.
    February 05, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    James ELROD, Appellant/Petitioner(s), v. Chad CHRONISTER, Sheriff of Hillsborough County, Florida & State of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4786
    District Court of Appeal of Florida, Second District.
    December 18, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    Tal Fowler BROWN, Appellant/Petitioner(s), v. Talbert Bass FOWLER, Appellee/Respondent(s).
    CASE NO.: 2D17-4050
    District Court of Appeal of Florida, Second District.
    February 05, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Deon MANNING, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D15-3735
    District Court of Appeal of Florida, Second District.
    January 03, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    John Michael COSENTINO, Appellant/Petitioner(s), v. SARASOTA COUNTY, FLORIDA, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-4403
    District Court of Appeal of Florida, Second District.
    December 07, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Roland CUNNINGHAM, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3760
    District Court of Appeal of Florida, Second District.
    November 14, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied as moot.


text:
    Ronald BARTELS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4876
    District Court of Appeal of Florida, Second District.
    January 09, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Richard Henry CAPIE, Appellant/Petitioner(s), v. Chad CHRONISTER, Sheriff of Hillsborough County, Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4622
    District Court of Appeal of Florida, Second District.
    December 14, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Edward L. BASKIN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4137
    District Court of Appeal of Florida, Second District.
    December 12, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Johnathan James CALDERON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4591
    District Court of Appeal of Florida, Second District.
    November 30, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    Pablo ANZALDUA, Appellant/Petitioner(s), v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-4566
    District Court of Appeal of Florida, Second District.
    January 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Eric Robert PLUM, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4394
    District Court of Appeal of Florida, Second District.
    January 09, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Justin Antonio ACEVEDO, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-4630
    District Court of Appeal of Florida, Second District.
    January 3, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    David Bryan ALLEN, II, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4006
    District Court of Appeal of Florida, Second District.
    December 12, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Calvin Dejuan FORMAN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3710
    District Court of Appeal of Florida, Second District.
    January 11, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Ishmael SASSER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3658
    District Court of Appeal of Florida, Second District.
    January 11, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    M. T. S., Appellant/Petitioner(s), v. H. A. W., Appellee/Respondent(s).
    CASE NO.: 2D17-4508
    District Court of Appeal of Florida, Second District.
    January 11, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Marco SOTO-NEWTON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4436
    District Court of Appeal of Florida, Second District.
    January 03, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Albert ROGERO, III, Appellant/Petitioner(s), v. Laurie Ann ROBERTS, Appellee/Respondent(s).
    CASE NO.: 2D17-4507
    District Court of Appeal of Florida, Second District.
    January 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Lewis SAWYER, Jr., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-5596
    District Court of Appeal of Florida, Second District.
    January 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Nadia SHEIKH, Appellant/Petitioner(s), v. Omar JUNAID, et al., Appellee/Respondent(s).
    CASE NO.: 2D16-1451
    District Court of Appeal of Florida, Second District.
    January 03, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Christina PAYLAN, M.D., Appellant/Petitioner(s), v. Brian BISHOP & Mark Detrio, Appellee/Respondent(s).
    CASE NO.: 2D17-4967
    District Court of Appeal of Florida, Second District.
    December 18, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Certiorari is denied.


text:
    Usha PATEL, Appellant/Petitioner(s), v. BANK ATLANTIC, et al., Appellee/Respondent(s).
    CASE NO.: 2D16-4658
    District Court of Appeal of Florida, Second District.
    January 03, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Granted. Dismissed.

Denied.


text:
    Jesse Lee SOLOMON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4550
    District Court of Appeal of Florida, Second District.
    December 12, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    William Allen WHITLOW, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4124
    District Court of Appeal of Florida, Second District.
    December 12, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Mandamus is dismissed.


text:
    V. P., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-2451
    District Court of Appeal of Florida, Second District.
    December 01, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Remanded.


text:
    B.L., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    V.P., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    H.H., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    J.V., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    T.H., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    J.M., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    D.P., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    M.R., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    B.A., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    M.A., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    A.M., Appellant/Petitioner(s), v. State of Florida, Appellee/Respondent(s).
    CASE NO.: 2D16-2449 CASE NO.: 2D16-2451 CASE NO.: 2D16-2452 CASE NO.: 2D16-2819 CASE NO.: 2D16-2820 CASE NO.: 2D16-2821 CASE NO.: 2D16-2822 CASE NO.: 2D16-3291 CASE NO.: 2D16-3292 CASE NO.: 2D16-3293 CASE NO.: 2D16-3294
    District Court of Appeal of Florida, Second District.
    December 15, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Granted. Remanded.


text:
    WEN KUI LUI, et al., Appellant/Petitioner(s), v. DDR NORTH POINTE PLAZA, LLC, Appellee/Respondent(s).
    CASE NO.: 2D17-3637
    District Court of Appeal of Florida, Second District.
    January 31, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Ian Frederick PANTON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3251
    District Court of Appeal of Florida, Second District.
    January 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Chakayla DAMPIER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3511
    District Court of Appeal of Florida, Second District.
    January 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    Darius BERRIEN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-2780
    District Court of Appeal of Florida, Second District.
    January 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Ramon E. COLINA, M.D., Appellant/Petitioner(s), v. FLORIDA DIGESTIVE HEALTH SPECIALISTS, LLP, et al., Appellee/Respondent(s).
    CASE NO.: 2D17-5040
    District Court of Appeal of Florida, Second District.
    January 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Carl KING, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4549
    District Court of Appeal of Florida, Second District.
    January 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Surgret Urania DOSS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-5154
    District Court of Appeal of Florida, Second District.
    January 12, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Elvido DELACRUZ, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3841
    District Court of Appeal of Florida, Second District.
    December 12, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied as moot.


text:
    Christopher GRANDA, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-3702
    District Court of Appeal of Florida, Second District.
    January 10, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    John Wallace GORDON, Jr., Appellant/Petitioner(s), v. Chad CHRONISTER, Sheriff of Hillsborough County, Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-5008
    District Court of Appeal of Florida, Second District.
    December 28, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    Jaquavius FRANCIS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-4199
    District Court of Appeal of Florida, Second District.
    December 26, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Ivan DALA, Appellant/Petitioner(s), v. Mike SCOTT, Lee County Sheriff, Appellee/Respondent(s).
    CASE NO.: 2D17-4432
    District Court of Appeal of Florida, Second District.
    December 12, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Terry HERNANDEZ, Appellant(s)/Petitioner(s), v. Franklin MARTINEZ, Appellee(s)/Respondent(s)
    CASE NO.: 3D17-2533
    District Court of Appeal of Florida, Third District.
    APRIL 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Jose P. FONT, Esq., et al., Appellant(s)/Petitioner(s), v. J. Rosario PEREZ and Rosa Perez, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2262
    District Court of Appeal of Florida, Third District.
    MARCH 29, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    EDUARDO J. GARRIDO D.C. P.A., etc., Appellant(s)/Petitioner(s), v. STAR CASUALTY INSURANCE COMPANY, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0078
    District Court of Appeal of Florida, Third District.
    MARCH 29, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Randall L. WRIGHT, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D17-2394
    District Court of Appeal of Florida, Second District.
    December 18, 2017
    DECISION WITHOUT PUBLISHED OPINION
   Granted.

Denied.


text:
    EZ ART COMPANY, INC., Appellant(s)/Petitioner(s), v. DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2518
    District Court of Appeal of Florida, Third District.
    APRIL 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    CITIZENS PROPERTY INSURANCE CORPORATION, Appellant(s)/Petitioner(s), v. Reynaldo ROLO and Michelle DeArmas-Rolo, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1454
    District Court of Appeal of Florida, Third District.
    APRIL 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Maria TELLO, Appellant(s)/petitioner(s), v. U.S. BANK, N.A., Appellee(s)/respondent(s),
    CASE NO.: 3D17-1272
    District Court of Appeal of Florida, Third District.
    MARCH 29, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Aida CHANG, Appellant(s)/Petitioner(s), v. M & T BANK, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1611
    District Court of Appeal of Florida, Third District.
    MARCH 29, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    ABC SALVAGE, INC., etc., Appellant(s)/Petitioner(s), v. BANK OF AMERICA, N.A., etc., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0358
    District Court of Appeal of Florida, Third District.
    March 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Arianne ORENA, Appellant(s)/Petitioner(s), v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1930
    District Court of Appeal of Florida, Third District.
    MARCH 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    H. Wayne HAYES, Jr., et al., Appellant(s)/Petitioner(s), v. M. Stephen BEARD, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0269
    District Court of Appeal of Florida, Third District.
    MARCH 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Jeffrey LAGRANDEUR, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0451
    District Court of Appeal of Florida, Third District.
    MARCH 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Kenneth LURRY, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0383
    District Court of Appeal of Florida, Third District.
    MARCH 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    TITAN FLORIDA, LLC, etc., et al., Appellant(s)/Petitioner(s), v. The ESTATE OF Jean LINDOR, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0348
    District Court of Appeal of Florida, Third District.
    MARCH 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Wiley WALTON, Appellant(s)/Petitioner(s), v. The STATE of Florida, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0158
    District Court of Appeal of Florida, Third District.
    MARCH 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Jorge SANCHEZ, Jr., Appellant(s)/Petitioner(s), v. Roger K. KHOURI, M.D., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2809
    District Court of Appeal of Florida, Third District.
    MARCH 27, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    CITY OF NORTH MIAMI BEACH, Florida, Appellant(s)/Petitioner(s), v. Frantz PIERRE, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0566
    District Court of Appeal of Florida, Third District.
    April 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Jean Serge DELVA, Appellant(s)/Petitioner(s), v. DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1934
    District Court of Appeal of Florida, Third District.
    MARCH 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Saili SALAZAR, Appellant(s)/Petitioner(s), v. STATE of Florida, DEPARTMENT OF REVENUE CHILD SUPPORT PROGRAM and Alfredo Rivero, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1887
    District Court of Appeal of Florida, Third District.
    March 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Dinah R. VILLAR and Michael A. Villar, Appellant(s)/Petitioner(s), v. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2390
    District Court of Appeal of Florida, Third District.
    JANUARY 5, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Anthony REESE and Sarilia Reese, Appellant(s)/Petitioner(s), v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0105
    District Court of Appeal of Florida, Third District.
    APRIL 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Nicholas C. DIOGO, Appellant(s)/Petitioner(s), v. Siham DIOGO, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2197
    District Court of Appeal of Florida, Third District.
    MARCH 29, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Gabriel GARCIA, Appellant(s)/Petitioner(s), v. DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0687
    District Court of Appeal of Florida, Third District.
    MARCH 29, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Luis ROMAGUERA and Arlene Romaguera, Appellant(s)/Petitioner(s), v. ONEWEST BANK, FSB, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0289
    District Court of Appeal of Florida, Third District.
    MARCH 28, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    BARRON DEVELOPMENT CORPORATION, Appellant(s)/Petitioner(s), v. Bruce M. GIBSON, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0747
    District Court of Appeal of Florida, Third District.
    MAY 4, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Mujaahid Abdul JABBAAR, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0822
    District Court of Appeal of Florida, Third District.
    MAY 02, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to the trial court.


text:
    Sir Michael A. MAPS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0711
    District Court of Appeal of Florida, Third District.
    APRIL 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Brian GILLER, etc., Appellant(s)/Petitioner(s), v. Anita GROSSMAN, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2393
    District Court of Appeal of Florida, Third District.
    APRIL 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    HORIZON CONTRACTORS, INC., Appellant(s)/Petitioner(s), v. Amirilys MENDEZ, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0659
    District Court of Appeal of Florida, Third District.
    MAY 01, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Randy BURNS and Alissa Burns, Appellant(s)/Petitioner(s), v. Dania DIAZ, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0743
    District Court of Appeal of Florida, Third District.
    APRIL 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Kenel DOLCE, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0509
    District Court of Appeal of Florida, Third District.
    APRIL 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    295 COLLINS, LLC, et al., Appellant(s)/Petitioner(s), v. PSB COLLINS, LLC, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0530
    District Court of Appeal of Florida, Third District.
    APRIL 25, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    GLOGOZ CONSTRUCTION COMPANY, Appellant(s)/Petitioner(s), v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0440
    District Court of Appeal of Florida, Third District.
    MAY 8, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    295 COLLINS, LLC, et al., Appellant(s)/Petitioner(s), v. PSB COLLINS, LLC, etc., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0482
    District Court of Appeal of Florida, Third District.
    APRIL 25, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Delma Feliz KOESSLER, Appellant(s)/Petitioner(s), v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0495
    District Court of Appeal of Florida, Third District.
    APRIL 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Barry J. DORF, Appellant(s)/Petitioner(s), v. Natalie DORF, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0406
    District Court of Appeal of Florida, Third District.
    APRIL 03, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.

Granted. Remanded.


text:
    MIAMI-DADE COUNTY, Appellant(s)/Petitioner(s), v. Sergio Samuel BAKAS, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0377
    District Court of Appeal of Florida, Third District.
    MAY 1, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    AMERICAN INTERNATIONAL MORTGAGE, CORP., Appellant(s)/Petitioner(s), v. Janna GELFAND, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0043
    District Court of Appeal of Florida, Third District.
    MAY 01, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Samuel I. BURSTYN, Appellant(s)/Petitioner(s), v. G.L. SIGNATURE HOMES, LLC, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0253
    District Court of Appeal of Florida, Third District.
    APRIL 30, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    KINGSWAY AMIGO INSURANCE COMPANY, Appellant(s)/Petitioner(s), v. EXCELLENT HEALTH SERVICES, M.D., P.A., etc., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0111
    District Court of Appeal of Florida, Third District.
    APRIL 02, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    CARNIVAL CORPORATION, et al., Appellant(s)/Petitioner(s), v. Milagros Maria SUAREZ, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2504, 3D17-2503, 3D17-2428
    District Court of Appeal of Florida, Third District.
    MAY 09, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Solimar RODRIGUEZ, Appellant(s)/Petitioner(s), v. Jose R. CASTILLO, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2476
    District Court of Appeal of Florida, Third District.
    MAY 04, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    R. Reginald HYDE, II, etc., et al., Appellant(s)/Petitioner(s), v. George IRISH, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2431
    District Court of Appeal of Florida, Third District.
    APRIL 24, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    TOWER FORTY ONE ASSOCIATION, INC., etc., Appellant(s)/Petitioner(s), v. NEEDHAM ROOFING, INC., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2716
    District Court of Appeal of Florida, Third District.
    APRIL 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    James Lee STARKS, Jr., Appellant(s)/Petitioner(s), v. Barbara STARKS, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2387
    District Court of Appeal of Florida, Third District.
    MAY 1, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    AVILA CONDOMINIUM ASSOCIATION, INC., Appellant(s)/Petitioner(s), v. The BANK OF NEW YORK MELLON, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2080
    District Court of Appeal of Florida, Third District.
    APRIL 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Eddie GAITOR, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1661
    District Court of Appeal of Florida, Third District.
    APRIL 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Transferred.


text:
    SOUTHERN FIDELITY INSURANCE COMPANY, et al., Appellant(s)/Petitioner(s), v. Domingo POLANCO and Maria Polanco, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2076
    District Court of Appeal of Florida, Third District.
    APRIL 25, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed. Denied.


text:
    Judith E. MARSIE-HAZEN, Appellant(s)/Petitioner(s), v. CITY OF MIAMI GENERAL EMPLOYEES & SANITATION EMPLOYEES RETIREMENT TRUST, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0856
    District Court of Appeal of Florida, Third District.
    MAY 08, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to the Circuit Court Appellate Division of the Eleventh Judicial Circuit for Miami-Dade County, Florida.


text:
    Ana ESPINOSA, Appellant(s)/Petitioner(s), v. Roy J. GOMES, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1521
    District Court of Appeal of Florida, Third District.
    APRIL 26, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    XLT INVESTMENT CORP., Appellant(s)/Petitioner(s), v. Alyssa ELSO, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0230
    District Court of Appeal of Florida, Third District.
    APRIL 25, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    911 DRY SOLUTIONS, INC., etc., et al., Appellant(s)/Petitioner(s), v. FLORIDA FAMILY INSURANCE COMPANY, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0486
    District Court of Appeal of Florida, Third District.
    APRIL 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Yeramis SANCHO, Appellant(s)/Petitioner(s), v. Alexander SANCHO, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0441
    District Court of Appeal of Florida, Third District.
    APRIL 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Ricardo Rene Cortez MORENO, Appellant(s)/Petitioner(s), v. Sergio Hernandez LEMUS, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2812
    District Court of Appeal of Florida, Third District.
    APRIL 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Pedro G. SANTISTEBAN FERRER, Appellant(s)/Petitioner(s), v. STATE of Florida, DEPARTMENT OF FINANCIAL SERVICES, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1728
    District Court of Appeal of Florida, Third District.
    APRIL 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Alejandro APARICIO, Appellant(s)/Petitioner(s), v. Valerie GREENBERG, etc., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0311
    District Court of Appeal of Florida, Third District.
    APRIL 13, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Carlos L. JACKSON, Appellant(s)/Petitioner(s), v. The STATE of Florida, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0695
    District Court of Appeal of Florida, Third District.
    APRIL 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Carlos SANCHEZ, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0680
    District Court of Appeal of Florida, Third District.
    APRIL 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Jeanbony Bony JOSEPH, Appellant(s)/Petitioner(s), v. STATE of Florida, DEPARTMENT OF REVENUE CHILD SUPPORT PROGRAM, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1247
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Ricardo DOMINGUEZ, Appellant(s)/Petitioner(s), v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1220
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant(s)/Petitioner(s), v. Roberto RIVERA-MORALES, M.D., etc., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2602
    District Court of Appeal of Florida, Third District.
    APRIL 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Ketty P. GONZALEZ, Appellant(s)/Petitioner(s), v. STEPPING STONE TUTORING & MEMORY CENTER, INC., etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2678
    District Court of Appeal of Florida, Third District.
    APRIL 18, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Granted. Dismissed.


text:
    Frantzy JEAN-MARIE, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0490
    District Court of Appeal of Florida, Third District.
    APRIL 17, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    P.A.E. GROUP LLC, Appellant(s)/Petitioner(s), v. CITIBANK, N.A., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2717
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Yaneth Carolina Dos Santos ROBLES, Appellant(s)/Petitioner(s), v. M. Barbara AMARO, etc., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1048
    District Court of Appeal of Florida, Third District.
    APRIL 20, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    PANGEA PRODUCE DISTRIBUTORS, INC., etc., Appellant(s)/Petitioner(s), v. FRANO'S PRODUCE, INC., etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2095
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Phillip HARPER, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-1797
    District Court of Appeal of Florida, Third District.
    APRIL 9, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Mario GALO, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-2260
    District Court of Appeal of Florida, Third District.
    APRIL 05, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Delilah ALONSO, Appellant(s)/Petitioner(s), v. Fernando I. DE ZARRAGA, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0684
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Andre RICHBURG, Appellant(s)/Petitioner(s), v. STATE of Florida, DEPARTMENT OF REVENUE CHILD SUPPORT PROGRAM and Shanieh Brown, Appellee(s)/Respondent(s),
    CASE NO.: 3D18-0471
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2018
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.