Florida, January, 2009, State Case law

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State Courts - Florida - January 2, 2009

Bifulco v. Patient Bus. & Fin. Servs., Case No. 5D08-98, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Bigelow v. State, Case No. 5D08-573, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Bojadzijev v. Roanoke Tech. Corp., Case No. 5D08-571, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Overview: Because a judgment debtor failed to challenge the denial of his motion to vacate a default judgment, and because the debtor waived his right to seek arbitration by failing to raise the issue before the trial court in a timely motion to compel arbitration, his Fla. R. Civ. P. 1.540(b) motion to vacate the default judgment was properly denied.

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Dobzynecki v. State, Case No. 5D08-838, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Doe v. Presentment of Grand Jury Spring Term 2007, Case No. 5D08-1569, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Meyer v. State, Case No. 5D08-2573, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Richardson v. Weatherford, Case No. 5D08-546, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Overview: Because there was no basis to conclude that a borrower's principal had a duty to disclose to the lender that the transactions might be usurious, and because the lender could not have reasonably relied on the principal's silence to assume the legality of the transaction, the lender's fraud claim against the principal was properly dismissed.

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Steadman v. State, Case No. 5D08-37, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Steverson v. State, Case No. 5D08-3933, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Tavakoly v. Fiddlers Green Ranch of Fla., Inc., Case No. 5D07-3861, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 2, 2009, Opinion Filed
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Overview: Although the trial court did not abuse its discretion in denying a new trial due to the failure of the jury to award damages for future pain and suffering, it erred in denying the wife a new trial on her consortium claim since there was substantial, unrebutted evidence concerning the adverse impact the husband's injury had on the couple's marriage.

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