Appellate Law Constitutional Law Consumer Protection Criminal Law

Appellate Summaries: Gun control – Abramski v. United States, 2014 U.S. LEXIS 4170 (June 16, 2014)

ISSUE I: Under a federal statute, it is a crime to make a false statement to a federally licensed gun dealer about a fact “material to the lawfulness of the sale” of a gun.  Abramski purchased a gun from a federally licensed gun dealer.  On a form that he was required to complete, he indicated […]

Appellate Law Employment & Labor Law

Commentary on Selected Appellate Opinions

Covenants [Agreements] not to Compete. Richard Towers, Inc. v. Denton, 4D12-5493, 2014 Fla. App. LEXIS 3472, (Fla. 2nd DCA March 12, 2014) ISSUE: Whether an employee’s covenant not to compete was independent of the employer’s covenant to pay the employee, where the agreement says that the employee’s covenants are in consideration of the employer covenants, […]

Appellate Law Criminal Law

Commentary on Selected Appellate Opinions

Sentencing. Norvil v. State, 4D11-1740, 2014 Fla. App. LEXIS 3455, (Fla. 4th DCA March 12, 2014) ISSUE: Whether the sentencing judge violated the defendant’s due process rights by considering an arrest that occurred after the crime for which the defendant was being sentenced. HOLDING: No. RATIONALE: The court said: “. . . we uphold consideration […]