Florida Supreme Court Decisions 2022

The Florida Bar v. Scot Strems
Date: December 22, 2022
Docket Number: SC20-806
In Re: Certification of Need for Additional Judges
Date: December 22, 2022
Docket Number: SC22-1621
Boan v. Fla. Fifth District Court of Appeal Judicial Nominating Comm'n v. Fla. Sixth District Court of Appeal Judicial Nominating Comm'n  
Date: December 15, 2022
Docket Numbers: SC22-1557, SC22-1558

Justia Opinion Summary: The Supreme Court denied petitions in these consolidated cases alleging that the nomination of nonresident candidates for a judicial vacancy was unconstitutional, holding that the constitutional residency requirement for…

Stewart v. Dixon  
Date: December 1, 2022
Docket Number: SC22-654

Justia Opinion Summary: The Supreme Court held that Petitioner had abused the Court's limited resources and will continue to burden the Court's resources if no action is taken and that the habeas petition filed in this case was a frivolous…

Stewart v. Dixon  
Date: December 1, 2022
Docket Number: SC22-818

Justia Opinion Summary: The Supreme Court held that Petitioner had abused the Court's limited resources and will continue to burden the Court's resources if no action is taken and that the habeas petition filed in this case was a frivolous…

R.J. Reynolds Tobacco Company v. Jacqueline P. Burgess, etc.
Date: November 23, 2022
Docket Number: SC20-366
Philip Morris USA, Inc. v. Brenda Chadwell, etc.
Date: November 23, 2022
Docket Number: SC20-943
Robert Miller, etc. v. R.J. Reynolds Tobacco Company
Date: November 23, 2022
Docket Number: SC21-1596
Philip Morris USA, Inc., et al. v. Kevin Duignan, etc.
Date: November 23, 2022
Docket Number: SC22-330
Sievers v. State  
Date: November 17, 2022
Docket Number: SC20-225

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree murder and his corresponding death sentence, as well as Defendant's conviction for conspiracy to commit murder, holding that Defendant was not entitled to…

Somers v. United States  
Date: November 17, 2022
Docket Number: SC21-1407

Justia Opinion Summary: The Supreme Court held that the first element of Florida's assault statute, Fla. Stat. 784.011(1), requires not just the general intent to volitionally take the action of threatening to do violence but also that the…

The Florida Bar v. Odiator Arugu
Date: November 10, 2022
Docket Number: SC21-933
Morgan v. State  
Date: November 3, 2022
Docket Number: SC20-641

Justia Opinion Summary: The Supreme Court approved the decision of the Second District Court of Appeal finding that an order granting Defendant's Fla. R. Crim. P. 3.800(a) motion and determining that Defendant's sentence was illegal was not a…

State v. Garcia  
Date: October 27, 2022
Docket Number: SC20-1419

Justia Opinion Summary: The Supreme Court quashed the decision of the Fifth District Court of Appeal to grant a writ of certiorari in this case, holding that the district court did not have certiorari jurisdiction. Defendant was charged with…

Suarez Trucking FL Corp. v. Souders  
Date: October 20, 2022
Docket Number: SC21-369

Justia Opinion Summary: The Supreme Court quashed the conclusion of the Second District Court of Appeal affirming the trial court's order denying Defendant Suarez Trucking's motion to enforce a settlement agreement with Plaintiff Adam Souders,…

Statler v. State  
Date: October 13, 2022
Docket Number: SC21-119

Justia Opinion Summary: The Supreme Court approved of the decision of the First District Court of Appeal affirming Defendant's conviction for sexual battery in violation of Fla. Stat. 794.011(5)(b), holding that subsection 5(b) is not facially…

Truehill v. State  
Date: September 29, 2022
Docket Number: SC20-1589

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Quentin Marcus Truehill's postconviction motion filed pursuant to Fla. R. Crim. P. 3.851 and denied Truehill's petition for a writ of habeas corpus,…

In Re: Amendments to Florida Rule of Criminal Procedure 3.790
Date: September 22, 2022
Docket Number: SC22-1033
Mosley v. State  
Date: September 15, 2022
Docket Number: SC20-195

Justia Opinion Summary: The Supreme Court held that John F. Mosley, who was resentenced to death for the murder of his ten-month-old son after a second penalty phase trial, was entitled to a new Spencer hearing and sentencing hearing but was…

In Re: Amendment to Florida Family Law Rule of Procedure 12.200
Date: September 15, 2022
Docket Number: SC22-574
Davis v. State  
Date: September 8, 2022
Docket Number: SC20-1282

Justia Opinion Summary: The Supreme Court quashed the decision of the court of appeal determining that Appellant's motion for disqualification was legally sufficient but that the trial judge's failure to grant the motion did not require…

In Re: Amendments to the Florida Evidence Code
Date: September 8, 2022
Docket Number: SC22-1040
Gordon v. State  
Date: September 1, 2022
Docket Number: SC20-284

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences of death for the first-degree murders of Patricia Moran and Deborah Royal, holding that Defendant was not entitled to relief on his allegations of…

State v. Mullens  
Date: August 31, 2022
Docket Number: SC19-1587

Justia Opinion Summary: The Supreme Court reversed the judgment of the postconviction court partially granting Defendant's motion to vacate his first-degree murder convictions and sentences of death pursuant to Fla. R. Crim. P. 3.851, holding…

State v. Garcia  
Date: August 25, 2022
Docket Number: SC19-1870

Justia Opinion Summary: The Supreme Court quashed the decision of the Fourth District Court of Appeal affirming Defendant's conviction for arson but finding that his due process rights were violated during sentencing and remanding for…

Mintz Truppman, P.A. v. Cozen O'Connor, PLC  
Date: August 25, 2022
Docket Number: SC20-1225

Justia Opinion Summary: The Supreme Court quashed the decision of the court of appeal issuing a writ of prohibition to prevent the circuit court from exercising jurisdiction over certain claims, holding that the court of appeal erred in issuing…

Conage v. United States  
Date: August 25, 2022
Docket Number: SC20-1441

Justia Opinion Summary: The Supreme Court held that a completed purchase of illegal drugs necessarily entails the defendant purchaser's possession of those drugs, as federal law defines possession, and a purchase is not necessarily complete as…

1944 Beach Boulevard, LLC v. Live Oak Banking Co.  
Date: August 25, 2022
Docket Number: SC21-1717

Justia Opinion Summary: In this case involving the interpretation of Fla. Stat. 679.5061(3) the Supreme Court held that a financing statement that fails correctly to name the debtors, as required by Florida law, is seriously misleading and…

Covington v. State  
Date: August 25, 2022
Docket Numbers: SC21-295, SC21-295

Justia Opinion Summary: The Supreme Court affirmed the decision of the postconviction court denying Defendant's motion to vacate his convictions and sentences, including three convictions for first-degree murder and three sentences of death,…

In Re: Amendments to Florida Rules of Civil Procedure 1.530 and 1.535
Date: August 25, 2022
Docket Number: SC22-115
Duke Energy Florida, LLC v. Clark  
Date: July 7, 2022
Docket Number: SC20-1601

Justia Opinion Summary: The Supreme Court reversed the order of the Florida Public Service Commission denying Duke Energy Florida, LLC's (DEF) request to recover approximately $16 from its customers for costs DEF incurred to meet its customers'…

Fletcher v. State  
Date: July 7, 2022
Docket Number: SC20-1862

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree murder and his sentence of death, holding that Defendant was not entitled to relief on his allegations of error. Defendant pleaded guilty to first-degree…

Jackson v. State  
Date: June 30, 2022
Docket Numbers: SC19-1624, SC21-502

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying the guilt-phase claims Kim Jackson raised in his motion for postconviction relief filed under Fla. R. Crim. P. 3.851 and denied Jackson's petition for a…

Thach v. State  
Date: June 30, 2022
Docket Number: SC20-1656

Justia Opinion Summary: The Supreme Court held that mistrial amendments to a charging document that alter the elements of a criminal offense should be assessed on a case-by-case basis to determine, based on the totality of the circumstances, if…

Velazco v. State  
Date: June 30, 2022
Docket Number: SC20-506

Justia Opinion Summary: The Supreme Court quashed the decision of the Third District Court of Appeal affirming Defendant's convictions of driving under the influence (DUI) causing damage to property or person and DUI causing serious bodily…

William Lee Thompson v. State of Florida
Date: June 23, 2022
Docket Number: SC20-1847
Spear v. State  
Date: June 16, 2022
Docket Number: SC20-676

Justia Opinion Summary: The Supreme Court held that, subject to the procedural constraints of Fla. R. Crim. P. 3.800(b), a trial court has the inherent authority to sua sponte correct sentencing documents that overreport the amount of jail time…

Hutchinson v. State  
Date: June 16, 2022
Docket Number: SC21-18

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court summarily denying Defendant's second successive motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851, holding that there was no error. After…

Ritchie v. State of Florida  
Date: June 9, 2022
Docket Number: SC20-1422

Justia Opinion Summary: Ritchie sexually battered and strangled to death nine-year-old F.W., who had been left in Ritchie’s care by a friend, then dumped the child’s body in the water off of the Courtney Campbell Causeway and fabricated a story…

State v. Burns  
Date: June 2, 2022
Docket Number: SC18-1208

Justia Opinion Summary: The Supreme Court held that a sentencing court may rely on a defendant's lack of remorse after the defendant has given a post-Miranda, sworn confession to the crime and has obviously lied under oath at trial about his…

The Florida Bar v. Jeffrey Charles Regan
Date: June 2, 2022
Docket Number: SC20-1693
In Re: Amendments to Rule Regulating The Florida Bar 4-5.4
Date: June 2, 2022
Docket Number: SC22-607
Laboratory Corp. of America v. Davis  
Date: May 26, 2022
Docket Numbers: SC19-1923, SC19-1936

Justia Opinion Summary: The Supreme Court approved the decision of the Second District Court of Appeal in this workers' compensation dispute, holding that Fla. Stat. 440.13(11)(c), a section of the Workers' Compensation (WCL), does not preclude…

Shim v. Buechel  
Date: May 26, 2022
Docket Number: SC21-249

Justia Opinion Summary: The Supreme Court approved the ruling of the Fifth District Court of Appeal that a trial court may order a defendant over whom it has in personam jurisdiction to act on foreign property pursuant to Fla. Stat. 56.29(6),…

In Re: Amendments to Florida Rule of Civil Procedure 1.442
Date: May 26, 2022
Docket Number: SC21-277
State of Florida v. John Garcia
Date: May 19, 2022
Docket Number: SC19-1366
Inquiry Concerning Judge Hobbs  
Date: May 19, 2022
Docket Number: SC20-605

Justia Opinion Summary: The Supreme Court approved findings of misconduct made by the Hearing Panel of the Florida Judicial Qualifications Commission (Hearing Panel) concerning Circuit Judge Barbara Kaye Hobbs, found Judge Hobbs guilty to as to…

In Re: Amendment to Florida Rule of Criminal Procedure 3.691
Date: May 19, 2022
Docket Number: SC21-1189
Pittman v. State  
Date: April 28, 2022
Docket Number: SC21-1185

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court summarily denying Appellant's third amended successive motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851 and denying his motion to…

Dial v. Calusa Palms Master Ass'n  
Date: April 28, 2022
Docket Number: SC21-43

Justia Opinion Summary: The Supreme Court approved the Second District Court of Appeal's decision in this negligence case, holding that the ruling in Joerg v. State Farm Mutual Insurance Co., 176 So,. 3d 1247 (Fla. 2015) prohibiting the…

Boyle v. Samotin  
Date: April 21, 2022
Docket Number: SC20-1399

Justia Opinion Summary: The Supreme Court held that the statutory presuit notice requirement that Fla. Stat. 766.106 imposes on a claimant who seeks to file a medical negligence suit demands only that a claimant to timely mail the presuit…

Valentine v. State  
Date: April 7, 2022
Docket Number: SC20-1805

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court summarily denying Appellant's second successive motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851, holding that there was no error. The…

In Re: Amendments to Florida Family Law Rule of Procedure 12.350
Date: April 7, 2022
Docket Number: SC21-1625
Airbnb, Inc. v. Doe  
Date: March 31, 2022
Docket Number: SC20-1167

Justia Opinion Summary: The Supreme Court quashed the decision of the Second District Court of Appeal reversing the circuit court's grant of Airbnb, Inc.'s motion to compel arbitration, holding that the circuit court did not err in compelling…

Thompson v. State  
Date: March 31, 2022
Docket Number: SC20-1847

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court summarily denying Defendant's seventh motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding that the trial court did not err in summarily…

In Re: Amendments to Florida Family Law Rule of Procedure 12.100
Date: March 24, 2022
Docket Number: SC21-1173
Rivera v. Dixon  
Date: March 24, 2022
Docket Number: SC21-1190

Justia Opinion Summary: The Supreme Court sanctioned Petitioner, an inmate in state custody, holding that Petitioner failed to show cause why he should not be barred. Petitioner was convicted of first-degree murder and robbery with a gun or…

Tribeca Asset Management, Inc. v. Ancla International, S.A.  
Date: March 24, 2022
Docket Number: SC21-24

Justia Opinion Summary: The Supreme Court quashed the decision of the Third District Court of Appeal concluding that the circuit court had personal jurisdiction over Tribeca Asset Management, Inc., holding that the parties' agreement did not…

In Re: Amendments to Florida Rule of Criminal Procedure 3.992
Date: March 24, 2022
Docket Number: SC21-891
Thourtman v. Junior  
Date: March 17, 2022
Docket Number: SC19-1182

Justia Opinion Summary: The Supreme Court approved the holding of the court of appeal that Fla. Const. art. I, 14 does not prohibit the trial court the discretion at first appearance, upon a finding of probable cause that the defendant…

Prentice v. R.J. Reynolds Tobacco Co.  
Date: March 17, 2022
Docket Number: SC20-291

Justia Opinion Summary: The Supreme Court held that an "Engle progeny" plaintiff must prove reliance on a statement that was made by an Engle defendant for a concealment claim or co-conspirator for a conspiracy claim and that concealed or…

State v. Johnson  
Date: March 17, 2022
Docket Number: SC21-20

Justia Opinion Summary: The Supreme Court held that conviction on multiple counts under Fla. Stat. 316.062(2) stemming from a single crash involving multiple victims does not expose a defendant to multiple punishments for one offense in…

Sheppard v. State  
Date: March 10, 2022
Docket Numbers: SC19-1512, SC20-422

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Billy Sheppard Jr.'s motion to vacate his conviction of first-degree murder and denied Sheppard's petition for a writ of habeas corpus, holding that the…

In Re: Senate Joint Resolution of Legislative Apportionment 100
Date: March 3, 2022
Docket Number: SC22-131
Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.  
Date: February 24, 2022
Docket Number: SC20-1814

Justia Opinion Summary: The Supreme Court held that Fla. Stat. 120.68(3), which entitles a party to a presumptive stay upon the appeal of an agency decision that "has the effect of suspending or revoking a license," does not apply to an agency…

Wade v. State  
Date: February 24, 2022
Docket Number: SC21-1094

Justia Opinion Summary: The Supreme Court granted Petitioner's petition for a writ of mandamus compelling the court of appeals to reinstate his appeal of a circuit court order denying him postconviction relief, holding that Petitioner did all…

The Florida Bar v. Jonathan Stephen Schwartz
Date: February 17, 2022
Docket Number: SC17-1391
In Re: Amendments to Rule Regulating The Florida Bar 4-5.5
Date: February 17, 2022
Docket Number: SC21-1379
Joseph v. State  
Date: February 10, 2022
Docket Number: SC20-1741

Justia Opinion Summary: The Supreme Court affirmed Defendant's two first-degree murder convictions and two corresponding sentences of death, holding that Defendant was not entitled to relief on his allegations of error. After a trial, a jury…

McKenzie v. State  
Date: February 10, 2022
Docket Number: SC20-243

Justia Opinion Summary: The Supreme Court affirmed Defendant's sentences of death imposed in connection with his conviction for two counts of first-degree murder, holding that Defendant was not entitled to relief on his claims of error. After…

In Re: Amendments to Florida Family Law Rule of Procedure 12.510
Date: February 10, 2022
Docket Number: SC21-966
Bell v. State  
Date: February 3, 2022
Docket Number: SC20-472

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree murder and his sentence of death, holding that there was no error in the proceedings below. Defendant entered a no contest plea to first-degree murder,…

Pincus v. American Traffic Solutions, Inc.  
Date: February 3, 2022
Docket Number: SC21-159

Justia Opinion Summary: The Supreme Court held that Plaintiff's unjust enrichment claim failed because he received adequate consideration in exchange for the challenged fee when he took advantage of the privilege of using his credit card to pay…

Booker v. State  
Date: February 3, 2022
Docket Number: SC21-763

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court summarily denying Appellant's sixth successive motion for postconviction relief pursuant to Fla. R. Crim. P. 3.851, holding that the trial court did not err in…

Hayslip v. U.S. Home Corp.  
Date: January 27, 2022
Docket Number: SC19-1371

Justia Opinion Summary: The Supreme Court held that a deed covenant requiring the arbitration of any dispute arising from a construction defect runs with the land such that it is binding upon a subsequent purchaser of the real estate who was…

Alachua County v. Watson  
Date: January 27, 2022
Docket Number: SC19-2016

Justia Opinion Summary: In this dispute over the power to make changes to a county sheriff's budget the Supreme Court held that the Sheriff of Alachua County is not permitted under Florida Statutes chapters 30 and 129 to make object-level…

In Re: Amendments to Rules Regulating the Florida Bar 11-1.3 and 11-1.4
Date: January 27, 2022
Docket Number: SC21-1616
Peter Avsenew v. State of Florida
Date: January 20, 2022
Docket Number: SC18-1629
Jackson v. State  
Date: January 20, 2022
Docket Number: SC21-754

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court summarily denying Appellant's successive motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851, holding that Appellant was not entitled to…

Simpson v. State  
Date: January 13, 2022
Docket Numbers: SC18-1238, SC19-700

Justia Opinion Summary: The Supreme Court vacated Defendant's convictions for first-degree murder and remanded this case to the trial court for a new trial, holding that Defendant was entitled to postconviction relief as to the guilt phase of…

Avsenew v. State  
Date: January 13, 2022
Docket Number: SC18-1629

Justia Opinion Summary: The Supreme Court reversed Defendant's convictions for first-degree murder and sentences of death, holding that the introduction of the testimony of Defendant's mother constituted harmful error. During Defendant's…

In Re: Amendments to Florida Rule of Appellate Procedure 9.143
Date: January 6, 2022
Docket Number: SC20-1129
In Re: Amendment to Florida Rule of Appellate Procedure 9.130
Date: January 6, 2022
Docket Number: SC21-129
Candie Lynn Walker v. State of Florida
Date: January 6, 2022
Docket Number: SC21-1327
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