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   State Courts - Florida - January 5, 2009

  
Abreu-Gutierrez v. James, No. 4D08-1900, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Because no evidence was presented at defendant's Fla. R. Crim. P. 3.212(c)(7) competency hearing that he could not be restored to competency within the reasonably foreseeable future, he could not continue to be detained pursuant to section 916.13(1)(c), Florida Statutes (2008); therefore, he was entitled to habeas corpus relief.

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Blackwood v. Div. of Admin. Hearings, No. 4D08-199, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Cardona v. State, No. 4D07-1926, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Century Sur. Co. v. de Moraes, No. 4D08-1858, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Because the actions in a declaratory judgment and a wrongful death case were mutually exclusive, in that either the claim was covered or it was not, the trial court departed from the essential requirements of law by staying the coverage issues in the declaratory judgment action; accordingly, the insurer was entitled to certiorari relief.

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Conaway v. State, No. 4D07-360, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Corvette Country, Inc. v. Leonardo, No. 4D08-2985, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Del Rossi v. State, No. 4D08-539, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Fischer-Gaeta-Cromwell, Inc. v. Oakwood St. Enters., LLC, No. 4D08-967, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Gil Eriksen Props., LLC v. Pompano Beach Cmty. Redevelopment Agency, No. 4D08-247, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Hampton Island Pres., LLC v. Club & Cmty. Corp., No. 4D08-3022, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 5, 2009, Decided
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Overview: Although a resident corporation's unrebutted allegations established jurisdiction under Florida's long arm statute, ¿ 48.193(1)(g), Fla. Stat. (2007), the forum selection clause in an unsigned personal services agreement did not establish minimum contacts; therefore, the trial court lacked personal jurisdiction over the non-resident company.

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