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   State Courts - Florida - January 5, 2006

  
Bush v. Holmes, No. SC04-2323, No. SC04-2324, No. SC04-2325, SUPREME COURT OF FLORIDA, January 5, 2006, Decided
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Overview: Appellate court correctly found that Fla. Stat. § 1002.38, which permitted Florida to issue school vouchers so students in failing schools could receive a private school education, was unconstitutional; Fla. Const. art. IX, § 1(a) mandated public funds were to be spent on public school, and private schools also did not have required "uniformity."

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Dep't of Health v. Merritt, CASE NO. 1D05-729, CASE NO: 1D05-818, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 5, 2006, Opinion Filed
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Overview: Since the ALJ applied the correct standard when evaluating the evidence presented at the underlying de novo hearing and the material findings of fact were supported by competent substantial evidence, the ALJ properly determined that Fla. Admin. Code Ann. r. 64B-3.004(2) was an invalid exercise of delegated legislative authority.

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In re Amendment to Code of Judicial Conduct, No. SC05-281, SUPREME COURT OF FLORIDA, January 5, 2006, Decided
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Inquiry Concerning a Judge (Woodard), No. SC05-1446, SUPREME COURT OF FLORIDA, January 5, 2006, Decided
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Overview: State supreme court's authority pursuant to Fla. Const. art. V, § 12 permitted it to determine based on a stipulation between the judicial qualifications commission and the trial court judge that the trial court judge violated judicial ethics rules and that those violations warranted a public reprimand and "suitable anger management counseling."

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King v. Auto Supply of Jupiter, Inc., CASE NO. 1D04-5232, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 5, 2006, Opinion Filed
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Overview: The Florida Judge of Compensation Claims did not abuse her discretion in admitting into evidence claimant's treating physician's opinion testimony pursuant to Fla. Stat. § 90.704, even though the judge had previously excluded the evidence supporting the physician's opinion, namely, a surveillance videotape and a typewritten surveillance report.

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L.G. v. Dep't of Children & Families, CASE NO. 1D05-1702, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 5, 2006, Opinion Filed
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McKean v. Warburton, CASE NO.: SC04-1243, SUPREME COURT OF FLORIDA, January 5, 2006, Decided
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Norman S. Cohen, M.D., P.A. v. Vining, CASE NO. 1D05-658, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 5, 2006, Opinion Filed
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Royal & Sunalliance v. Chavez, CASE NO. 1D04-2450, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 5, 2006, Opinion Filed
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Overview: To qualify as "catastrophic" and thereby establish entitlement to permanent total disability benefits, a claimant was obliged to establish that his injuries met the requirements of Fla. Stat. ch. 440.02(37)(f), but the judge applied an incorrect legal test instead, and the finding of entitlement to benefits was reversed and remanded.

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Williams v. Crosby, CASE NO. 1D05-3059, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 5, 2006, Opinion Filed
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