The Second DCA dismisses an interlocutory appeal of four nonfinal orders in a foreclosure action, clarifying the distinction between appealable punitive damages rulings and dismissals for procedural non-compliance.
The Sixth District dismissed an appeal after finding the trial court lacked jurisdiction to rule on summary judgment motions while a prior appeal involving related parties was pending.
The Sixth District ordered resentencing on a felonious assault conviction where the trial court failed to impose the required indefinite sentence under Ohio’s Reagan Tokes Act.
The Sixth DCA weighed in on the district split regarding whether the 2023 amendment to section 61.08—which eliminated permanent alimony—applies to cases where a final judgment was entered before the amendment’s effective date but is on appeal.
The Sixth DCA reversed and remanded where written sentencing orders omitted credit for time served that the trial court orally pronounced, causing combined probation and jail time to exceed the statutory maximum for a third-degree felony.
The Sixth District Court of Appeal affirmed a felon-in-possession conviction, rejecting a facial Second Amendment challenge to section 790.23(1)(a), Florida Statutes, and joining multiple other DCAs in finding the statute constitutional under Bruen.
The Fourth Department dismisses an Article 78 challenge to a Parole Board denial as moot where the petitioner subsequently reappeared before the Board during the pendency of the appeal.
The Fourth Department dismisses an Article 78 challenge to a Parole Board denial as moot where the petitioner subsequently reappeared before the Board.
The Fourth Department dismisses the mother’s appeal from a custody modification order as moot, finding that a subsequent order superseded the order on appeal, while rejecting the exception to the mootness doctrine.
The California Court of Appeal, Fourth District, holds that a juvenile court cannot assert jurisdiction under Welfare and Institutions Code section 300(e) over a child who has turned five by the time of the jurisdiction hearing, even if the severe physical abuse occurred when the child was under five.