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Appellate Procedure

Pennsylvania Administrative Law Appellate Procedure Constitutional

Commonwealth Court of Pennsylvania

Kapish v. Bureau of Driver Licensing — Ten-Year Court-Caused Delay in License Suspension Hearing Mandates Reversal Under Middaugh Due Process Test

/ June 10, 2026

The Commonwealth Court of Pennsylvania reversed the denial of a license suspension appeal, holding that Court Administration’s ten-year failure to schedule a hearing — despite repeated court orders to do so — constituted an extraordinary government-caused delay that violated the licensee’s due process rights under the Middaugh framework and mandated dismissal of the suspension.

Arizona Appellate Procedure Criminal

Arizona Court of Appeals, Division Two

State v. LaPorte — Court of Appeals Vacates Murder Sentences for Violating Appellate Mandate

/ June 8, 2026

In a published opinion, the Arizona Court of Appeals vacated murder sentences a second time after the trial court disregarded a clear appellate mandate limiting sentencing to the presumptive term, reinforcing that trial courts are absolutely bound by appellate directives.

Florida Appellate Procedure Civil Procedure Real Estate

Cuyler v. Freedom Mortgage — Second DCA Dismisses Appeal of Nonfinal Orders in Foreclosure Action

/ June 8, 2026

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.

Ohio Appellate Procedure Civil Procedure Jurisdiction

Ohio Court of Appeals (Sixth District)

Veller v. K.B. — Court dismisses appeal after finding trial court lacked jurisdiction during prior appeal

/ June 8, 2026

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.

Ohio Appellate Procedure Criminal Criminal Law

Ohio Court of Appeals (Sixth District)

State v. Smith — Court orders resentencing for failure to impose indefinite terms under Reagan Tokes Act

/ June 8, 2026

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.

Florida Appellate Procedure Family Law

Gaul v. Gaul — Sixth DCA Addresses Which Version of Florida’s Alimony Statute Applies After 2023 Amendment

/ June 8, 2026

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.

Florida Appellate Procedure Criminal

Craig v. State — Written Sentence Must Conform to Oral Pronouncement Awarding Credit for Time Served

/ June 8, 2026

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.

Florida Appellate Procedure Constitutional Criminal

Villarreal v. State — Sixth DCA Rejects Facial Second Amendment Challenge to Florida’s Felon-in-Possession Statute

/ June 8, 2026

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.

New York Appellate Procedure Criminal

Matter of Zanghi v. Martuscello — Fourth Department Dismisses Parole Denial Challenge as Moot

/ June 7, 2026

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.

New York Appellate Procedure Criminal

Matter of McKoy v. Martuscello — Fourth Department Dismisses Parole Challenge as Moot After Subsequent Board Appearance

/ June 7, 2026

The Fourth Department dismisses an Article 78 challenge to a Parole Board denial as moot where the petitioner subsequently reappeared before the Board.

New York Appellate Procedure Family Law

Matter of McDuffie v. Coleman — Fourth Department Dismisses Moot Custody Appeal After Father Obtains Sole Custody

/ June 7, 2026

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.

Texas Appellate Procedure Civil Procedure Contract Interpretation

Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)

In Re Germania Farm Mutual — Texas Appeals Court Compels Insurance Appraisal Despite Insurer’s Full Claim Denial

/ June 7, 2026

The Thirteenth Court of Appeals conditionally granted mandamus compelling appraisal in a homeowner’s insurance dispute, holding that Germania’s outright claim denial did not preclude appraisal and that the policyholder failed to establish waiver or prejudice from any delay in demanding the process.

New York Appellate Procedure Civil Procedure Criminal

Appellate Division, Fourth Department

Matter of Carville v. Clark — DA’s Article 78 Challenge to CPL 160.50 Unsealing Order Dismissed

/ June 7, 2026

The Fourth Department dismissed a district attorney’s Article 78 petition seeking to overturn a court order barring re-presentment to a grand jury and denying unsealing under CPL 160.50(1), holding that unsealing applications are civil in nature and cannot be challenged via Article 78.

Wyoming Appellate Procedure Civil Procedure

Wyoming Supreme Court

Moran v. Meadowlark Academy — Conservator Who Waited 190 Days to Answer Counterclaims Cannot Set Aside Default Without Articulating Rule 60(b) Grounds

/ June 9, 2026

The Wyoming Supreme Court affirmed a default judgment entered against a conservator who waited 190 days to answer counterclaims and then failed to move to set aside the default with any citation to W.R.C.P. 55(c) or 60(b), failed to identify a Rule 60(b) justification, and failed to address the three-factor good cause test. A vague oral request to set aside default, unsupported by legal authority, does not satisfy the moving party’s burden.

Texas Appellate Procedure Civil Procedure Oil & Gas

Texas Court of Appeals (Second District, Fort Worth)

Atmos Energy v. DPC Parker Properties — Order Enforcing Rule 11 Settlement Does Not Function as a Temporary Injunction and Is Not Subject to Interlocutory Appeal

/ June 8, 2026

The Fort Worth Court of Appeals dismissed Atmos Energy’s interlocutory appeal of a trial court order enforcing a Rule 11 mediated settlement in an eminent-domain dispute, holding that the order did not function as a temporary injunction because it compelled performance based on the parties’ own agreement rather than any merits determination.

Texas Appellate Procedure Civil Procedure Municipal Law

Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)

City of Edinburg v. Texas Cordia Construction — City Cannot Block Contractor’s Immunity Evidence by Limiting Its Jurisdictional Challenge to Pleadings

/ June 8, 2026

The Thirteenth Court of Appeals held that a city cannot bar a contractor from presenting jurisdictional evidence by framing its plea to the jurisdiction as a pleadings-only challenge, and that amounts owed under a termination-for-convenience clause are “due and owed” within the Texas Local Government Code’s immunity waiver.

Georgia Appellate Procedure Criminal

Morales v. State — Court Applies New OCGA Section 5-6-39.1, Dismisses Untimely Out-of-Time Appeal

/ June 8, 2026

The Court of Appeals of Georgia dismissed a criminal appeal under the new OCGA section 5-6-39.1, holding that the defendant’s motion for an out-of-time appeal was filed beyond the statute’s 100-day deadline and did not fall within the Cook v. State savings clause.

District of Columbia Appellate Procedure Criminal

District of Columbia Court of Appeals

Phillips v. United States — Court Affirms Convictions but Remands Sentence Over Missing Prior-Conviction Inquiry

/ June 8, 2026

The DC Court of Appeals affirmed Bryant Phillips’s convictions for sexual abuse, kidnapping, and assault but remanded for resentencing, holding that the trial court failed to conduct the mandatory statutory inquiry under D.C. Code § 23-111(b) before imposing a life-without-parole sentence as a repeat violent offender.

Arkansas Appellate Procedure

Supreme Court of Arkansas

Appellate Rules Updated — Arkansas Drops Signed-Receipt Service Requirement for Notice of Appeal

/ June 8, 2026

The Arkansas Supreme Court amends Rules 3(f), 4(a), and 6(b) of the appellate rules to eliminate the signed-receipt service requirement for notices of appeal and tie cross-appeal and record-designation deadlines to filing rather than receipt.

Ohio Appellate Procedure Criminal Law

Ohio Court of Appeals (Eighth District)

State v. Jackson — Eighth District reverses jail-time credit award for double counting days served in unrelated case

/ June 8, 2026

The Eighth District reversed a jail-time credit calculation where the trial court awarded credit for days the defendant had already received credit for in a separate, unrelated case, and remanded for factual findings supporting the recalculated credit.

Georgia Appellate Procedure Civil Procedure Family Law

Washington v. Washington — Court Affirms Contempt Finding and Warns Against AI-Hallucinated Citations

/ June 7, 2026

The Georgia Court of Appeals affirmed a finding of civil contempt against a mother who repeatedly refused to follow court-ordered custody exchange locations, and issued a pointed warning about the use of AI-generated fictitious case citations in appellate briefs.

Georgia Appellate Procedure Criminal

Rymer v. State — Court Affirms Assault Conviction, Holds Distress Does Not Justify Forcible Home Entry

/ June 7, 2026

The Georgia Court of Appeals affirmed Joshua Rymer’s convictions for aggravated assault and criminal trespass, holding that his claimed belief that he was being pursued did not justify forcibly entering a home with a knife and did not warrant jury charges on mistake of fact or coercion.

Georgia Appellate Procedure Civil Procedure Constitutional

Johnson v. Wexler — Court Affirms Anti-SLAPP Attorney Fees, Rejects Federal Preemption Defense

/ June 7, 2026

The Georgia Court of Appeals affirmed a $159,427 anti-SLAPP attorney fee award against a pro se attorney-plaintiff, holding that the FDCPA does not preempt Georgia’s anti-SLAPP fee-shifting provision and that self-represented attorneys may recover fees under the statute.

Georgia Appellate Procedure Breach of Contract Contract Interpretation

Ultra Group v. Singh — Court Reverses COAM Settlement Ruling, Holds Party Liable for Promising Property It Did Not Own

/ June 7, 2026

The Georgia Court of Appeals partially reversed a hearing officer’s decision in a COAM industry dispute, holding that a party who unconditionally promises to grant use of property it does not own is liable for breach of contract under long-settled Georgia law.