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   State Courts - Florida - January 4, 2006

  
Rohr v. State, Case No. 2D05-5105, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 4, 2006, Opinion Filed
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Overview: Trial judge's bare statement that manifest necessity existed for declaration of a mistrial based on defendant's failure to appear on time and possible lie to judge about reason for lateness was insufficient to overcome federal and Florida double jeopardy guarantees; retrial was barred.

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Towers v. Clarendon Nat'l Ins. Co., Case No. 2D05-2620, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 4, 2006, Opinion Filed
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Overview: The trial court erred in finding that an insured's claim was subject to arbitration; by denying the insured's claim and returning the insured's premium, the insurer voided the contract between the parties, rendering all of the contractual provisions, including the arbitration clause, unenforceable.

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Traughber v. Traughber, Case No. 2D05-1144, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 4, 2006, Opinion Filed
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Overview: A wife was improperly granted a final domestic violence injunction under Fla. Stat. ch. 741.30 because there was no emergency or potential danger to the wife or the parties' minor children justifying a final hearing on only 12 hours' notice; notice was insufficient, and the husband was entitled to a new final hearing.

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Velazquez v. Unemployment Appeals Comm'n, No. 4D05-363, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 4, 2006, Filed
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Overview: Because an employee's repeated tardiness demonstrated a willful disregard for the employer's interests and fell within the statutory definition of misconduct as outlined in Fla. Stat. § 443.036(29) (2004), the Unemployment Appeals Commission properly affirmed an appeals referee's decision to deny unemployment benefits to the employee.

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