Court Filings

The Appellate Division, Third Department granted Jeremy David Mishkin's request to resign from the New York bar for nondisciplinary reasons. The court reviewed Mishkin's sworn affidavit and the Attorney Grievance Committee's letter, found him eligible under the rules governing attorney disciplinary matters, and accepted his resignation. The court struck his name from the roll of attorneys, prohibited him from practicing or holding himself out as an attorney in New York, and ordered him to surrender any Attorney Secure Pass within 30 days. The resignation is effective immediately.

The Appellate Division, Third Department granted Robin Plummer Keller's application to resign from the New York bar for nondisciplinary reasons under the court's attorney discipline rules. The court reviewed Keller's sworn affidavit and the Attorney Grievance Committee's response, found Keller eligible to resign for nondisciplinary reasons, accepted the resignation, struck his name from the roll of attorneys, enjoined him from practicing or holding himself out as an attorney in New York, and ordered surrender of any Attorney Secure Pass within 30 days.

The Appellate Division affirmed Family Court's July 2, 2024 order modifying custody and parenting time for a child born in 2011. Family Court awarded primary physical custody to the father, granted the grandparents limited monthly visitation plus additional holiday and summer time, and denied the mother's request to convert supervised parenting time to unsupervised time. The appellate court found the visitation schedule supported by the child's best interests given travel burdens and the child's anxiety, and upheld supervised parenting time because the mother had an inconsistent parenting history and was still on a high methadone dosage without other supports.

The Appellate Division, Third Department granted attorney John R. Gowell Jr.'s request to resign from the New York bar for nondisciplinary reasons. The court reviewed Gowell's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the applicable rule, and accepted his resignation. As a result, his name is stricken from the roll of attorneys, he is prohibited from practicing or holding himself out as an attorney in New York, and he must surrender any Attorney Secure Pass within 30 days. The AGC did not oppose the application.

The Appellate Division (Third Department) affirmed Family Court's March 12, 2025 order terminating the mother's parental rights after adjudicating the child permanently neglected. The child, born in 2019, has autism and developmental delays and has been in foster care since May 2023 following the mother's arrest for driving while intoxicated with the child. The court found the mother repeatedly failed to meaningfully engage in or complete substance abuse treatment, did not make significant progress toward reunification, and that termination — allowing adoption by foster parents who provided stable, therapeutic care — served the child's best interests.

The Appellate Division, Third Department granted attorney Jonathan R. Flora's application to resign from the New York bar for nondisciplinary reasons. The Court reviewed Flora's sworn affidavit and the Attorney Grievance Committee's statement that it did not oppose the application, found him eligible under the court's disciplinary rules, accepted the resignation, struck his name from the roll, and imposed the usual prohibitions against practicing or holding out as an attorney in New York. Flora must surrender any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney Jacob Timothy English’s application to resign from the New York bar for nondisciplinary reasons. The court reviewed English’s sworn affidavit and the Attorney Grievance Committee’s response, found him eligible under the court’s rules, accepted his nondisciplinary resignation, struck his name from the roll, and ordered that he cease practicing or holding himself out as an attorney in New York and surrender any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney Alan E. Davis's application to resign from the New York bar for nondisciplinary reasons. The court reviewed Davis's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the court rules, accepted his resignation, struck his name from the roll of attorneys, and directed that he cease practicing law in New York and surrender any Attorney Secure Pass within 30 days. The decision is administrative, not a disciplinary sanction.

The Appellate Division, Third Department granted Jennifer T. Conti-Bediner's application to resign from the New York bar for nondisciplinary reasons. The court reviewed her sworn affidavit and the Attorney Grievance Committee's statement that it did not oppose the resignation, determined she was eligible under the court rules, accepted her resignation, and struck her name from the roll of attorneys effective immediately. The court also enjoined her from practicing or holding herself out as an attorney in New York and ordered surrender of any Attorney Secure Pass within 30 days.

The Appellate Division reversed Supreme Court and held that the New York State Department of Environmental Conservation (DEC) must apply a deferential standard when reviewing the New York City Water Board’s rates for voluntary “excess water.” The court concluded that DEC should assess whether the Water Board’s excess-water rates serve the Board’s economic and public policy goals and have a rational basis, rather than applying the statutory “fair and reasonable” test used for entitlement water. The court granted DEC’s motion for summary judgment and modified the judgment accordingly.

The Appellate Division, Third Department affirmed Family Court's March 15, 2023 order awarding the child's maternal grandmother sole legal and physical custody. The father appealed only arguing the judge abandoned neutrality and acted as an advocate for the grandmother. The appellate court found the issue unpreserved because the father did not raise it below, and in any event the record shows the judge's active questioning was appropriate to assist a pro se petitioner and to elicit relevant information. The court concluded there was no judicial bias and affirmed the custody order.

The Appellate Division reversed Family Court's denial of a motion to vacate an order of protection entered by default against Jonathan U. The Family Court had removed respondent's counsel from the courtroom when Jonathan failed to appear for an in-person hearing and declined available alternatives (such as allowing a virtual appearance). The appellate court held that this conduct deprived respondent of the fundamental right to be heard, so the default order of protection was vacated and the case remanded for further proceedings consistent with the opinion.

The Appellate Division, Third Department affirmed Supreme Court's denial of Gravity Ciders, Inc.'s pre-note-of-issue motions for summary judgment on three counterclaims. Gravity had asked the court to declare unenforceable a contract provision awarding Copeland Holdings a 5% ownership interest (plus another 5%) and to win on a conversion/replevin claim over a corporate book. The court found genuine factual disputes and legal issues (including whether Alcoholic Beverage Control Law provisions render the ownership-transfer clause void) that precluded summary judgment, and held return of the corporate book while the motion was pending defeated replevin but left conversion contested.

The Appellate Division, Third Department reversed part of a Court of Claims judgment and held that the State can be liable for the alleged rectal intrusion by correction officers. Claimant had been allowed to file a late claim for assault and battery but the Court of Claims declined to consider sexualized conduct under the law of the case. This Court found that the law of the case did not bind it and that the alleged rectal intrusion was sufficiently connected to officers' duties to survive the late‑claim screening and to support vicarious liability. The case is remitted for recalculation of damages.

The Appellate Division, Third Department, reversed part of a Supreme Court order that had denied a nursing assistant's motion to compel two internal incident reports (RL6 forms) and granted the hospital a protective order. The plaintiff sued for wrongful termination and retaliation after reporting safety concerns. The court held the hospital failed to carry its burden to show the reports were privileged under New York Education Law § 6527(3) or the federal Patient Safety and Quality Improvement Act, because there was no proof the reports were actually part of a medical peer‑review or submitted to a patient safety organization. The case was otherwise affirmed.

The Court of Appeals affirmed Reynaldo Antonio Sanchez’s conviction and 40-year sentence for continuous sexual abuse of a young child. Sanchez argued he was denied a speedy trial and that the trial court erred by admitting portions of a medical examiner’s report and testimony that relied on a Spanish-to-English translation. The court held Sanchez failed to preserve the speedy-trial claim because he never made an unambiguous, timely demand in the trial court. The court also upheld admission of the translated statements, finding the translator acted as a reliable language conduit and that the statements were non-testimonial for confrontation-clause purposes.

The Tenth Court of Appeals reviewed Father's appeal of a trial court order terminating his parental rights to four children. Counsel filed an Anders brief concluding the appeal is frivolous, and Father submitted a pro se response. The appellate court conducted a full review of the record, found sufficient evidence to support the trial court’s findings that Father violated Family Code §161.001(b)(1)(D) and (E) and that termination was in the children’s best interest, and affirmed the termination order. The court denied counsel’s motions to withdraw because they did not show independent good cause under Texas law.

The Tenth Appellate District of Texas affirmed the trial court’s dismissal of Appellant’s bill of review challenging a July 26, 2022 order that terminated his parental rights to A.A.C.C. The Department moved for traditional summary judgment, arguing a six-month statutory bar under Texas Family Code §161.211(a) prevents collateral or direct attacks on such termination orders. Appellant did not file any response to the summary judgment motion. The court held the Department met its burden by showing the termination was under §161.002(b) and the bill of review was filed well after the six-month deadline, so the petition was time-barred.

The Texas Tenth Court of Appeals denied Bryan Stallworth's original petition for a writ of mandamus. The court issued a brief memorandum opinion stating only that the petition is denied and citing the Texas Rules of Appellate Procedure. No published reasoning or extended analysis accompanies the denial. The decision was delivered and filed on April 30, 2026, by Chief Justice Matt Johnson for a three-judge panel.

The Ninth District Court of Appeals dismissed Woodforest National Bank's appeal from a final judgment because the bank failed to pay required filing fees and failed to arrange or pay for the clerk's record. The court repeatedly notified the appellant, sent invoices and a certified bill of costs, and warned the appeal would be dismissed if fees were not paid or arrangements made. The appellant did not respond or show indigency, so the court dismissed the appeal for want of prosecution under the applicable appellate rules.

The Court of Appeals reversed the trial court’s denial of a plea to the jurisdiction and rendered judgment for county officials. Plaintiff Nelson sought mandamus and declaratory relief to force Polk County officials to assign 911 addresses and a street name for lots in his subdivision, claiming a statutory exemption from platting and that officials acted unlawfully. The appellate court held Nelson failed to plead or prove he submitted the required plat, exemption request, or addressing application (or that officials denied one), so he did not show officials failed to perform any ministerial duty. Because governmental immunity was not waived, the court dismissed his claims.

The Texas Ninth Court of Appeals affirmed a trial court order terminating both parents’ rights to infant Ivy after a jury found, by clear and convincing evidence, statutory grounds D, E, and N and that termination was in the child’s best interest. The Department of Family and Protective Services removed Ivy after she arrived at the hospital with a fractured femur, liver laceration, and bruising; testimony and medical opinions raised serious abuse concerns and showed parental instability and untreated mental-health issues. The court also upheld appointment of the Department as managing conservator and denied Mother’s mistrial claim about an improper juror communication.

The Court of Appeals reversed a default judgment against CE Acquisition, LLC (CEA) in a construction payment dispute and remanded for a new trial. On-Site Construction obtained a default judgment after CEA and a co-defendant failed to answer suit seeking payment and lien foreclosure. CEA moved for a new trial, supported by affidavits saying it never received the petition and asserting meritorious defenses and an offer to pay plaintiff’s fees. The court found CEA met the three Craddock factors (mistake, meritorious defense, no undue prejudice) and held the trial court abused its discretion in denying the new-trial motion.

The Fourth District Court of Appeal reviewed an appeal by Mark David Kaufman from a final decision of the Seventeenth Judicial Circuit in Broward County involving Case No. 062016DR013212AXXXCE. Both parties appeared pro se. The appellate court, in a per curiam opinion, affirmed the lower court's judgment. The opinion is brief and provides no extended reasoning in the published entry; it notes concurrence by all three judges and that the decision is not final until any timely motion for rehearing is resolved.

The Fourth District Court of Appeal reviewed an appeal by H. James Herborn, III, from a Broward County circuit court decision in a civil case against Adam Kanter. The appellate court issued a short per curiam opinion announcing its decision to affirm the lower court's judgment. All three judges concurred. The opinion is brief and contains no extended reasoning; it simply affirms and notes the decision is not final until any timely motion for rehearing is resolved.

The Fifth District Court of Appeal summarily affirmed the trial court's denial of Willie Nelson Hill's motion under Florida Rule of Criminal Procedure 3.850. Hill, representing himself, appealed the circuit court's postconviction ruling. The appellate court issued a brief per curiam decision on April 30, 2026, without published opinion, concluding the lower court's disposition should stand. The judgment is subject to any timely motion for rehearing or other authorized relief under Florida appellate rules.

The Fifth District Court of Appeal reviewed an appeal by tenant Travis Wells from a Seminole County Court decision involving Sanford Portfolio 460 DE, LLC (d/b/a Stoneridge Pointe Apartments). The appellate court, in a brief per curiam disposition, affirmed the lower court's judgment and cited Florida Rule of Appellate Procedure 9.315(a). No written opinion or reasoning beyond the affirmation was provided; the decision was issued April 30, 2026, and the panel concurred. The mandate is subject to any timely authorized motions under Florida Rule of Appellate Procedure 9.330 or 9.331.

The Fifth District Court of Appeal reviewed Nicholas Allen McDuffie's appeal from a Brevard County circuit court criminal matter and issued a brief per curiam decision on April 30, 2026. The appellate court unanimously affirmed the lower court's judgment. No written opinion or reasoning is provided in the published entry; the court's sole action was to affirm the circuit court's ruling. The decision notes that the opinion is not final until any timely motions under the Florida rules of appellate procedure are resolved.

The Fifth District Court of Appeal reviewed an appeal by Christopher Shootes from a Duval County circuit court domestic relations matter. The appellate court, in a short per curiam decision, affirmed the lower court's ruling and cited Florida Rule of Appellate Procedure 9.315(a) as the basis for affirmance. No written opinion or extended reasoning was provided; the panel issued a summary affirmance and noted that the decision is not final until any permitted motions for rehearing are resolved.

The Fifth District Court of Appeal reviewed an appeal by Aaron Rogers from a Volusia County circuit court judgment in case number 2018-030061-FMCI. The appellate court issued a brief per curiam order on April 30, 2026, affirming the lower court's decision. No opinion or written reasons accompanied the disposition in the published entry, and the appellee did not file an appearance. The judgment stands affirmed, subject to any timely, authorized post-decision motion under the Florida Rules of Appellate Procedure.