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Judge, District Court of Appeal of Florida · Born 1954
DM v. State
District Court of Appeal of Florida · 2012-04-13 · cited 1×
In DM v. State, a juvenile appealed from disposition orders adjudicating him delinquent on charges of lewd or lascivious molestation and harassing a witness after he entered guilty pleas, as well as from the denial of his post-disposition motions to withdraw those pleas. The Florida Second District Court of Appeal dismissed the appeal as to the disposition orders, finding the notice of appeal untimely because motions to withdraw pleas are not authorized after disposition under the juvenile rules and thus did not toll the appeal deadline. The court reversed the denial of the motions to withdraw, however, directing that they be stricken as unauthorized, while noting that the juvenile could challenge the voluntariness of his pleas through a habeas corpus petition and that any such petition should receive an evidentiary hearing.
criminal lawprocedure
Alg v. Jfd
District Court of Appeal of Florida · 2012-04-04
In this Florida paternity case between unmarried parents, the mother (a military member who had relocated from Florida to California) and father disputed the time-sharing schedule for their young son after the father objected to the move and petitioned for paternity, parental responsibility, time-sharing, and support. Following a temporary rotating schedule and a final hearing, the trial court found that the child lacked continuity and stability from cross-country travel, that it was in his best interests to spend primary time with the mother, and that frequent flights were not beneficial, but nonetheless ordered an alternating six-week schedule with each parent. The appellate court reversed the time-sharing portion of the judgment, concluding it was an abuse of discretion because the decision was illogical and unjustified in light of the statutory best-interests factors and the trial court's own findings under section 61.13, Florida Statutes. The court affirmed the child support award but remanded for the trial court to revisit the schedule and support with updated evidence of the parties' circumstances.
family law
GOLLOBITH v. Ferrell
District Court of Appeal of Florida · 2012-03-21 · cited 1×
The case arose from Ed Gollobith's lawsuit against architect Stephanie Ferrell over a house design contract, after Gollobith settled related claims with the general contractor through arbitration. Ferrell moved to enforce an alleged settlement agreement under which Gollobith would dismiss his claims against her, asserting that her unpaid assistance during the arbitration served as consideration for the dismissal. The circuit court granted the motion and dismissed the suit at a nonevidentiary hearing, finding that the assistance constituted valid consideration. The appellate court reversed, ruling that disputed facts regarding the timing of any promise to dismiss and the existence of legal consideration required an evidentiary hearing before enforcement.
procedure
D'ARCANGELO v. State
District Court of Appeal of Florida · 2012-03-16 · cited 1×
In this case, Anthony D’Arcangelo sought certiorari review after the circuit court denied his motion to determine his competency and stay proceedings on his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief from his 1982 first-degree murder convictions. The motion was based on newly discovered information discrediting comparative bullet lead analysis testimony presented at trial, and it raised questions about whether D’Arcangelo could be exposed to the death penalty on retrial despite the original life sentence. The court initially considered the competency issue under Carter v. State but ultimately denied the petition after the State conceded on rehearing that double jeopardy principles would bar imposition of the death penalty in any future retrial, rendering the petition moot. The reasoning centered on the fact that the jury's tie vote and the trial court's life sentence created a double jeopardy bar, eliminating any factual decision for D’Arcangelo regarding risk to his life sentence.
criminal lawprocedure
Heustis v. State
District Court of Appeal of Florida · 2012-03-09
Frederick Heustis was charged with three counts of aggravated assault and entered a negotiated no contest plea to one count of aggravated assault and two lesser counts of improper exhibition of a firearm, resulting in adjudication of guilt and three years of probation. He later moved to withdraw the plea after sentencing, alleging it was involuntary because his attorney affirmatively misadvised him that the plea would not cause him to lose civil rights such as the right to vote. The circuit court denied the motion on the ground that loss of voting rights was a collateral consequence of the plea. The appellate court reversed and remanded, ruling that a plea can be involuntary when based on counsel's misadvice regarding even collateral consequences.
criminal lawprocedure
Cs Ex Rel. Das v. Tsp
District Court of Appeal of Florida · 2012-03-07
The case involved a minor, D.A.S., appealing a final injunction for protection against dating violence that had been granted to his former girlfriend, A.M.P., after her father filed a petition on her behalf. The petition and hearing evidence described the teenagers' past relationship and one uninvited appearance by D.A.S. on A.M.P.'s porch months after the relationship ended, but included no allegations or proof of violence, threats, or repeated stalking. The District Court of Appeal of Florida, Second District, reversed the injunction, holding that the petition and evidence failed to meet the statutory requirements under section 784.046 for dating violence or stalking, which demand reasonable fear of imminent violence or repeated acts causing substantial emotional distress. The court noted that a single incident does not satisfy the definitions of stalking or harassment in the relevant statutes. The injunction was therefore unsupported as a matter of law.
family law