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Edit Delete 10th Circuit

BANKRUPTCY

In re Miller v. , Oct-08-2014

J. Karlin finds that the bankruptcy court properly dismissed appellant's case for failure to convert from a Chapter 7 to Chapter 13 after it was determined that his current monthly income (CMI) disqualified him from proceeding under Chapter 7 of the Bankruptcy Code. Pursuant to 11 U.S.C. 101(10A), "all income received by a debtor in the look-back period must be included in the calculation of CMI 'without relation to when that income was earned.'" The legislative history and underlying public policy support this interpretation of the statute. Affirmed.

Edit Delete 11th Circuit

CIVIL RIGHTS, CONSTITUTION, IMMUNITY

Lane v. Central Alabama Community College, Oct-08-2014

Per curiam, the circuit finds that the lower court improperly dismissed all civil rights and First Amendment claims against Steve Franks, defendant's former president. Neither he nor the state enjoy Eleventh Amendment protection because no land or sovereignty issues are at play. Reversed in part.

Edit Delete 1st Circuit

CIVIL PROCEDURE, NEGLIGENCE

Cioffi v. Gilbert Enterprises, Oct-08-2014

J. Selya finds that the lower court properly dismissed plaintiff exotic dancer's personal injury suit against a fellow dancer. Her failure to file within the limitations period cannot be overcome by an appeal on jurisdictional grounds. She should have argued that the transfer order was arbitrary, but she failed to do so. Affirmed.

Edit Delete 1st Circuit

FIREARMS, SEARCH, PROSECUTORIAL MISCONDUCT

U.S. v. Starks, Oct-08-2014

J. Thompson finds that the lower court improperly convicted defendant of being a felon in possession of a firearm after a state trooper pulled him over and discovered a gun in his car. The court improperly held that defendant had no right to challenge the stop because he did not own the vehicle, but he was the sole person on the rental agreement. The prosecutor thus incorrectly told the jury not to consider the legality of the stop. Reversed.

Edit Delete 1st Circuit

CONSTITUTION, ZONING, BUSINESS PRACTICES

Showtime Entertainment v. Town of Mendon, Oct-08-2014

J. Torruela finds that the lower court improperly upheld defendant's refusal to grant plaintiff a license to operate an adult entertainment business. Defendant has created a maze of restrictions that only apply to such businesses, such as building size regulations, that have nothing to do with them in particular. Defendant cannot plausibly claim that these secondary effects are uniquely related to the regulated activity, and presenting live nude dancing is considered a protected expressive activity. However, the following questions must be certified to the Supreme Judicial Circuit of Massachusetts: Do the pre-enactment studies justify defendant's ban on selling alcohol at such businesses? If so, is the ban adequately tailored? Reversed in part.

Edit Delete 2nd Circuit

IMMIGRATION, DUE PROCESS

Oppedisano v. Holder, Oct-08-2014

J. Lynch finds that the Board of Immigration Appeals used a reasonable interpretation of the Immigration and Nationality Act to classify petitioner's conviction for unlawful possession of ammunition as an aggravated felony that subjected him to deportation. Petitioner, an Italian citizen, lived in the U.S. as a permanent resident for 30 years, amassing a criminal record. After a 2012 conviction for unlawful possession of ammunition as a felon, he was targeted for deportation as an alien convicted of an aggravated felony. Petitioner argued his offense was not "relating to firearms" -- a parenthetical in a section of the Act -- and so did not meet the benchmark for aggravated felony. An immigration judge disagreed, calling the phrase descriptive rather than restrictive and the board agreed. Because the interpretation was sound, review of the petition was denied.

Edit Delete 2nd Circuit

IMMIGRATION, DUE PROCESS

Sutherland v. Holder, Oct-08-2014

Per curiam, the circuit finds that the Board of Immigration Appeals properly let stand for federal deportation purposes petitioner's conviction for drug possession and sale, even though the conviction later was vacated by the state. Petitioner, a citizen of Jamaica and a permanent U.S. resident, pleaded guilty to state drug charges in 1997 and was put on probation and ordered to complete community service. Almost a decade later, when she applied for naturalization, petitioner was cited for deportation as an alien convicted of an aggravated felony -- possession for sale of more than four pounds of marijuana. During deportation proceedings, petitioner applied to have the conviction vacated, saying she had become a productive citizen. That was granted by the state, but the immigration judge refused to end the proceedings, contending petitioner sought to have the conviction thrown out just to avoid deportation, rather than to challenge the underlying case. Because the conviction and deportation order remained after appeal, the circuit lacked jurisdiction to review it.

Edit Delete 3rd Circuit

SENTENCING, PROBATION, SEX OFFENDER

U.S. v. Paladino, Oct-08-2014

J. Greenaway finds that the lower court improperly revoked defendant's supervised release and imposed a sentence of imprisonment without giving defendant the right of allocution at sentencing. The court failed to address defendant personally to allow him to speak or present any mitigating evidence before it passed sentence. Asking defendant whether he understood the terms of his plea agreement does not qualify as an opportunity to make a statement. The court must unambiguously issue a personal invitation to the defendant to speak prior to sentencing. Reversed.

Edit Delete 4th Circuit

LABOR

Gestamp South Carolina v. National Labor Relations Board, Oct-08-2014

J. Traxler finds that the administrative law judge improperly held that Gestamp South Carolina violated the National Labor Relations Act by discharging two employees, as the judge did not find that the official who discharged the employees knew about their union activity. However, the judge properly held that supervisor Michael Fink violated United States code. After one of the employees told Fink that he sought to unionize the BMW plant, Fink warned that the employee would be "gone" if the Gestamp general manager found out. The judge properly held that Fink was a supervisor based on his authority over the two Gestamp employees who worked at the plant.

Edit Delete 5th Circuit



Whole Woman's Health v. Lakey, Oct-08-2014

[Revised.]

Edit Delete 6th Circuit

IMMUNITY, CIVIL RIGHTS

Occupy Nashville v. Haslam, Oct-08-2014

J. Jordan finds that the district court improperly determined that two state officials were personally liable for damages and not protected under qualified immunity. A group of protesters established an around-the-clock presence on the Nashville War Memorial Plaza in 2011. The state officials established new policies to address the safety and health concerns with the ever growing protest. Six individuals (protesters) associated with the protest were arrested for violating the curfew portion of the new policy. Those protesters brought suit against the state officials for violations of rights under the U.S. Constitution. The state officials were found personally liable for damages and not protected under qualified immunity. The two-part test in Saucier to establish qualified immunity, "asks whether 'a constitutional right would have been violated on the facts alleged' and, if so, whether the right was 'clearly established.'" It is "unclear that the law forbade their arrest and that they had any liberty interest that could be infringed by an alleged failure to provide adequate procedural protections." The protesters failed to establish that they have a right to occupy the plaza indefinitely. "The state officials are thus entitled to qualified immunity for their actions." Reversed.

Edit Delete 6th Circuit

CIVIL PROCEDURE, JUDICIARY, ELECTIONS

Platt v. Board of Commissioners of Grievances, Oct-08-2014

J. McKeague finds that the district court properly denied appellant's request to preliminarily enjoin enforcement of Ohio Code of Judicial Conduct Canon 4. Appellant is a non-sitting judicial candidate and wanted to publicly endorse other candidates, solicit campaign funds in person, and receive campaign contributions without the Code's time limitations. Although appellant is not on the 2014 ballot, he still has standing and his case is ripe because he has alleged a sufficient injury in fact. Appellant has formed a campaign committee and could begin campaigning at any time. As held in Susan B. Anthony List, "[a] plaintiff meets the injury-in-fact requirement-and the case is ripe-when the threat of enforcement of that law is "sufficiently imminent." Appellant's claim is not moot because "[e]ven if he is no longer a 'judicial candidate,' Platt plans to run again, making this case capable of repetition." Lastly, balancing the four preliminary-injunction factors, the district court properly determined appellant does not have the likelihood of success on the merits. Affirmed.

Edit Delete 7th Circuit

LABOR, TRANSPORTATION, EQUAL PROTECTION

Cunningham v. Airline Pilots Assoc., Oct-08-2014

J. Easterbrook finds that the lower court properly dismissed plaintiffs' suit against their union. They are former United Airlines pilots who did not receive full credit for their seniority when defendant union negotiated a new collective bargaining agreement following the merger of United with Continental. Without proof that the union or the airline failed to abide by the agreement, the only plausible claim is failure to fairly represent. Given the complexity of merging airlines and dealing with different pay grades and seniority systems, defendant appears to have done a fair job. Plaintiffs have no equal protection claim since seniority as a pilot is not a protected class. Affirmed.

Edit Delete 9th Circuit

HABEAS, INEFFECTIVE ASSISTANCE

Clark v. Arnold, Oct-08-2014

J. Bybee finds that the habeas court properly denied defendant relief from a conviction for murdering a law enforcement officer. Defendant's ineffective appellate counsel claim is procedurally defaulted. Affirmed.

Edit Delete 9th Circuit

SENTENCING, IMMIGRATION, PLEA

U.S. v. Morales, Oct-08-2014

J. Wardlaw finds that the district court improperly sentenced defendant to 21 months behind bars for illegal reentry. A federal prosecutor broke the government's fast-track plea deal with defendant by detailing his criminal history during a sentencing hearing. The judge later sentenced defendant to much more than the three-month sentence agreed on in the plea deal. Defendant must be re-sentenced by a different judge.

Edit Delete Arizona Court Of Appeals Division One

PROPERTY

Rigoli v. 44 Monroe Marketing, Oct-08-2014

J. Gemmill finds that the trial court properly found for plaintiffs -- condominium buyers -- following their lawsuit to quiet title and foreclose against defendant. By signing purchase contracts, plaintiffs did not waive their rights to assert the existence and protection of vendees' liens and did not subordinate liens to the Corus Bank deed of trust. Also, plaintiffs' vendees' liens had priority over defendant's position because they arose when plaintiffs put money down, as required before the recording of the deed of trust. Affirmed.

Edit Delete Arkansas Court Of Appeals

CONTRACT, NEGLIGENCE

United Systems of Arkansas v. Bearson & Nalley, Oct-08-2014

J. Pittman finds that the lower court improperly dismissed plaintiff's breach of contract claims against defendant. Plaintiff hired defendant to prepare incurred cost submission reports in connection with a subcontract on a government project, but defendant made improper deductions requiring plaintiff to hire another firm to do the job right. Although plaintiff admitting in its pleadings that the actions of one in-house accountant contributed to defendant's alleged negligence, it does not admit that the accountant's actions were the sole cause of the errors. Reversed.

Edit Delete Arkansas Court Of Appeals

FAMILY LAW

Knerr v. Arkansas Department of Health Services, Oct-08-2014

J. Brown finds that the lower court properly terminated the mother's parental rights to her child on grounds of abandonment. The evidence shows that the mother has not paid child support, has not visited the child for a substantial period of time, and is not in a a stable financial position. Affirmed.

Edit Delete Arkansas Court Of Appeals

ENERGY

McDaniel v. Arkansas Public Service Commission (II), Oct-08-2014

J. Gladwin finds that the commission improperly approved a rate schedule entered by a utility, including a temporary surcharge on its customers. The surcharge was intended to cover expenses for upgrading security at the utility's nuclear plant, and infrastructure upgrades. However, the utility's expenditures - $39 million - are not substantial enough to warrant a surcharge, and may already be covered by current rates. That the utility's expenditures resulted from government mandates related to the protection of the public health, safety, or the environment does not automatically mean that a surcharge is permissible. Reversed.

Edit Delete Arkansas Court Of Appeals

CIVIL PROCEDURE, PROPERTY

Midfirst Bank v. Sumpter, Oct-08-2014

J. Glover finds that the appeal in a foreclosure action must be dismissed because the lower court has not yet issued a final judgment.

Edit Delete Arkansas Court Of Appeals

DAMAGES, TORT

MCSA v. Thurmon, Oct-08-2014

J. Gruber finds that the lower court improperly entered a damages award against appellant in a default judgment in a slip-and-fall case. The hospital, which did not response to the complaint, was not notified of the damages hearing. Damages for pain, suffering, and permanent disability must be awarded with reasonable certainty, and must not be left up to speculation. Although the court found plaintiffs' testimony compelling, the damages award was over twenty times their medical expenses, and lacked supporting evidence for the calculation of an appropriate damages award. Reversed.

Edit Delete Arkansas Court Of Appeals

ROBBERY, FIREARMS, JURY

Gould v. State, Oct-08-2014

J. Glover finds that the lower court properly convicted defendant of aggravated robbery, and sentenced him to 40 years in prison, with an additional 15 years for the use of a firearm during the commission of a felony, to be served consecutively. Even though possession of marijuana is illegal, defendant's theft of over six pounds of marijuana satisfies the robbery portion of the statute. Contraband, although illegal, can still be owned. In addition, the jury instruction defendant proposed to give on the use of deadly force in defense of a person was legally incorrect, and thus properly excluded. Affirmed.

Edit Delete Arkansas Court Of Appeals

FAMILY LAW

Schaible v. Arkansas Department of Human Services and Minor Children, Oct-08-2014

J. Gruber finds that the lower court properly terminated the mother's parental rights to her son. The child tested positive for illegal substances at the time of his birth, and the child often returned from visits with his mother hungry, dirty, or smelling of smoke. The mother never completed a drug-treatment program, and did not take the child to therapy appointments when he was in her custody, testifying that she saw no need for them, despite his developmental delays. It is in the child's best interest that his foster mother be permitted to adopt the child. Affirmed.

Edit Delete Arkansas Court Of Appeals

JUVENILE LAW, ACCOMPLICE LIABILITY

R.W.G. v. State, Oct-08-2014

J. Vaught finds that the lower court properly denied defendant's motion to transfer his case to the juvenile division. Defendant, then-17-years-old, was charged as an accomplice to first-degree murder. The prosecuting attorney has the discretion to charge a juvenile age 16 or older as an adult or in juvenile court. The lower court considered defendant's low maturity level, but given the seriousness of the crime, and the premeditation involved, the lower court did not abuse its discretion by denying the motion to transfer. Affirmed.

Edit Delete Arkansas Court Of Appeals

WORKERS COMPENSATION

Advanced Portable X-Ray v. Parker, Oct-08-2014

J. Hixson finds that the commission misinterpreted state law when they improperly denied a company workers' compensation credits. After a fired employee filed an ADA discrimination charge with the Equal Employment Opportunity Commission for terminating her while she was disabled from working, the company agreed to pay her lost wages of $60,000. Despite the commission's interpretation of the statute, that payment allowed the company to receive a wages paid reimbursement because the law doesn't allow an injured employee to receive compensation "if the injured employee receives 'full wages during disability.'" Reversed.

Edit Delete Arkansas Court Of Appeals

BUSINESS PRACTICES

Ahmad v. Horizon, Oct-08-2014

J. Gladwin finds that the lower court properly denied a request to remove the special master and to set aside the special master's report ordering that the medical services company be dissolved. Affirmed.

Edit Delete Arkansas Court Of Appeals

SETTLEMENTS, SECURITIES

Ahmad v. Horizon Pain, Oct-08-2014

J. Gladwin finds that the lower court properly entered a settlement voluntarily signed by both parties in a derivative action after denying appellant's motion to dismiss a year and half earlier. Appellant cannot now challenge that dismissal in order to overturn a judgment to which he consented with the advice of counsel. Affirmed.

Edit Delete Arkansas Court Of Appeals

WORKERS COMPENSATION

Advanced Portable X-Ray v. Parker, Oct-08-2014

J. Hixson finds that the lower court improperly found that the employer was not entitled to a statutory credit for temporarily disability payments made in advance of a successful workers compensation claim. When an employer pays an employee full wages during a period of disability, and the employee is subsequently awarded total temporarily disability benefits for that period, the employer is entitled to a credit for the amounts paid commensurate with the total temporarily disability rate. Reversed.

Edit Delete Arkansas Court Of Appeals

CIVIL PROCEDURE

Robinson v. Miller, Oct-08-2014

J. Wynne finds that the lower court's judgment must be affirmed because defendant failed to cure several specific deficiencies in his appeal after receiving notice of what documents were necessary for this court to make a ruling. Affirmed.

Edit Delete Arkansas Court Of Appeals

WORKERS COMPENSATION

Baker Implement v. Fox, Oct-08-2014

J. Gladwin finds that substantial evidence supports the commission's award of benefits for a former employee's on-the-job injury. The company's claim that the injury was not work related ignores the medical opinion from the former employee's treating physician. Therefore, the former employee is entitled to workers' compensation benefits. Affirmed.

Edit Delete Arkansas Court Of Appeals

ENERGY

McDaniel v. Arkansas Public Service Commission, Oct-08-2014

J. Hixson finds that the lower court improperly approved an altered rate schedule promulgated by the Commission, for the same reasons as set forth in the companion case McDaniel v. Arkansas Public Service Commission. Reversed.

Edit Delete Arkansas Court Of Appeals

EMPLOYMENT, WRONGFUL DEATH

Estate of Bogar v. Welspun Pipes, Oct-08-2014

J. Pittman finds that the lower court properly found that the deceased was a special employee of defendant when he sustained his work-place injury, and therefore is entitled to protection from a wrongful death suit under the Workers Compensation Act. Affirmed.

Edit Delete Arkansas Court Of Appeals

WORKERS COMPENSATION

Baker Implement Company v. Fox, Oct-08-2014

J. Gladwin finds that the lower court properly awarded employee workers compensation benefits for an on-the-job accident. The employer challenges the finding on appeal, but its argument is entirely based on the sufficiency of the evidence, which this court will not overturn without a showing of plain error. Affirmed.

Edit Delete Arkansas Court Of Appeals

WORKERS COMPENSATION

Bogar v. Welspun Pipes, Oct-08-2014

J. Pittman finds that appellant's decedent did have an implied contract for hire with the company at the time of his death while on-the-job. The dual-employment doctrine holds that a special employer becomes liable for workers' compensation when the employee has a contract for hire, express or implied, with the special employer. Since the special employer had the right to control the details of the work, substantial evidence supports the commission's finding that appellant's decedent had an implied contract with the company at the time of his death. Affirmed.

Edit Delete Arkansas Court Of Appeals

MURDER, JURY, CONFRONTATION

Moody v. State, Oct-08-2014

J. Harrison finds that the lower court properly convicted defendant of second-degree murder, and sentenced her to 30 years in prison. The trial judge properly allowed the State to question defendant about a Facebook post, and admitted text messages from her phone, as both had probative value. In addition, there is no strong legal reason to characterize the space where defendant shot the victim as being within the curtilage of defendant's home, so the jury did not require an instruction on "curtilage." Defendant did not preserve for review her claim that her confrontation rights were violated because she was unable to question a state's witness on his desire for leniency on his own criminal charges in exchange for testifying against her. Affirmed.

Edit Delete Arkansas Court Of Appeals

WORKERS COMPENSATION

Willis v. Great Dane Trailers, Oct-08-2014

J. Hixson finds that the lower court properly denied plaintiff workers' compensation, finding that he was unable to prove his workplace injury aggravated an aggravation of a preexisting condition. Defendant had a preexisting knee condition when he was hired when a 150 lb tire slammed into his bad knee. Plaintiff says he required treatment for the injury, but another employee testified that plaintiff did not appear injured when the incident occurred. There is substantial evidence that plaintiff's knee problems, ultimately requiring surgery, were preexisting, and were not clearly aggravated by the runaway tire incident. Affirmed.

Edit Delete Arkansas Court Of Appeals

CIVIL PROCEDURE, INSURANCE

Farmers Insurance Exchange v. Bradford, Oct-08-2014

J. Pittman finds that the appeal must be dismissed because the lower court has not issued a final order in an insurance dispute.

Edit Delete Arkansas Court Of Appeals

JUVENILE LAW, ROBBERY, WITNESS

M.D. v. State, Oct-08-2014

J. Brown finds that the lower court properly committed defendant to the division of youth services for an undetermined period of time for robbery and violation of aftercare. Although some witness testimony conflicted, sufficient evidence supported the convictions. Affirmed.

Edit Delete California Courts Of Appeal

DUI, VEHICULAR HOMICIDE

People v. Batchelor, Oct-08-2014

[Modified opinion.] J. Hollenhorst finds that a trial court correctly convicted defendant of gross vehicular manslaughter for the victim's death stemming from defendant's DUI crash. Given defendant's prior conviction for DUI and his completion of a court-ordered offender program that addressed the dangers of drunk driving, defendant should have known of the risks to satisfy the elements of the charge. But the trial court in defendant's second trial gave the jury the impression that defendant would go unpunished if they did not convict him of implied malice murder, and prejudiced him in that proceeding. Affirmed in part.

Edit Delete California Courts Of Appeal

ADMINISTRATIVE LAW, LICENSING, HEALTHCARE

Hoang v. California State Board of Pharmacy, Oct-08-2014

J. Rylaarsdam finds that a trial court correctly denied plaintiff's request to overturn the Board of Pharmacy's decision to revoke his license for unlawful drug transfers and dishonest conduct. While plaintiff said the punishment was overly harsh, the evidence in the case that plaintiff defrauded Medi-Cal to keep patients coming to his pharmacy supports the court's decision. The court hearings plaintiff received also afforded him due process, contrary to his argument. Affirmed.

Edit Delete California Courts Of Appeal

WRONGFUL DEATH, TORT

Lobo v. Tamco, Oct-08-2014

J. McKinster finds that a trial court correctly found that defendant was not vicariously liable for the car collision death caused by its employee. While plaintiffs claimed that a prior reversal by the appeals court confirmed defendant's vicarious liability, the trial court was free to accept the employee's testimony that he rarely used his vehicle for work reasons and was not working when he caused the accident. The court also correctly refused to instruct the jury as to any benefits defendant may have derived from the employee using his own car. Affirmed.

Edit Delete California Courts Of Appeal

ENVIRONMENT

People v. Rinehart, Oct-08-2014

J. Hull finds that a trial court incorrectly convicted defendant of using a vacuum in a river to mine for gold, a violation of state fish and game laws. Because it cannot be determined from the record whether the state laws in question are preempted by federal law, that determination must be made before defendant's conviction can stand. Reversed.

Edit Delete Court Of Federal Claims

JURISDICTION

Stevens v. U.S., Oct-08-2014

J. Braden finds that plaintiff cannot sue the government for $100 billion for allegedly implanting a transceiver in his body that caused him to hear voices and revert to drug habits. The record shows that, among numerous reasons to dismiss the case, plaintiff does not support his allegations with evidence that he formed a contract with the government.

Edit Delete Florida Courts Of Appeal

SEX OFFENDER, WITNESS

Mansueto v. Florida, Oct-08-2014

J. Ciklin finds that the trial court properly convicted defendant of four counts of sexual battery on a child for acts he committed against his biological daughter. The court properly allowed the victim's sister to testify regarding the sexual battery she suffered as a child at the hands of defendant. The "ultimate issue" ground alleged by defendant did not preserve the issue of "the mother's testimony concerning the veracity of the sister." Affirmed.

Edit Delete Florida Courts Of Appeal

MANSLAUGHTER, SELF DEFENSE, JURY

Dorsey v. Florida, Oct-08-2014

Per curiam, the court of appeals finds that the trial court improperly convicted defendant on two counts of manslaughter, as the court improperly included defendant's "duty to retreat," given that this instruction was unnecessary. That defendant was a felon in possession of a firearm did not mean he was engaged in "unlawful activity." Therefore, the instruction "effectively eliminated defendant's sole affirmative defense," of self-defense. Reversed.

Edit Delete Florida Courts Of Appeal

ARBITRATION, CIVIL PROCEDURE

Andre Franklin v. Wax, Oct-08-2014

J. Sleet finds that the lower court should have granted appellant's motion to compel arbitration of a dispute over payment for appellant's renovation of respondent's home. Appellant did not waive its contractual right to arbitrate by filing a counterclaim to the homeowners' claim at the same time that appellant filed its motion to compel arbitration and dismiss the suit. Particularly since appellant did not implement discovery, appellant's actions were not inconsistent with its right to arbitration. Reversed.

Edit Delete Florida Courts Of Appeal

PROBATION, SENTENCING

Tyner v. State, Oct-08-2014

J. Khouzam finds that the trial court, in sentencing appellant for violating probation by committing new crimes, improperly used the criminal punishment code to impose a 40-year sentence. Since appellant was sentenced for a probation violation, not for the new offenses, the court was required to sentence him based on the original scoresheet that had been used when he was placed on probation. Reversed.

Edit Delete Florida Courts Of Appeal

BANKING/LENDING, DEBT COLLECTION

Branch Banking and Trust v. Ark Development/Oceanview, Oct-08-2014

J. Warner finds that the trial court properly held that plaintiff's personal banking account had been improperly garnished to settle a business debt owed to plaintiff by her husband. The account in question was an individual account, not a joint account, and the husband had no ownership of the account. Therefore, the court properly determined that the account was not funded "with monies from her husband." Affirmed.

Edit Delete Florida Courts Of Appeal

BAIL

Palmetto Surety Corp. v. Florida, Oct-08-2014

J. LaRose finds that appellant, which posted an appearance bond for a defendant who failed to appear in court and was later found dead, is not entitled to remission of the forfeited bond because the company failed to submit an affidavit or evidence showing that it made substantial efforts to procure the return of the defendant. Affirmed.

Edit Delete Florida Courts Of Appeal

CIVIL PROCEDURE, JUDICIARY

Keitel v. Agostino, Oct-08-2014

J. Gross denies plaintiffs' request to dismiss the presiding judge in a civil action, as allegations that the judge had "become antagonistic, prejudiced and biased" against petitioner were not supported by fact. Nothing showed that petitioners were defamed or sabotaged. Therefore, since "disqualification cannot be based upon rumors or gossip about what the trial judge allegedly said to unidentified people, at unidentified times, and under unidentified circumstances," the petition is denied.

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