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   State Courts - Florida - January 10, 2007

  
Adams v. State, CASE NO. 3D06-2284, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 10, 2007, Opinion Filed
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Broom v. State, CASE NO. 1D06-6248, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 10, 2007, Opinion Filed
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Cicilian v. State, No. 4D06-3670, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 10, 2007, Decided
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City of Key West v. Knowles, CASE NO. 3D06-366, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 10, 2007, Opinion Filed
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Overview: Because a widow's complaint arose solely from events after the lawful burial of her husband, there was no constitutionally protected property interest on which she could rest a 42 U.S.C.S. § 1983 (2002) claim; therefore, the trial court should have granted the city's directed verdict motion as the close of the widow's evidence.

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Cribbs v. State, Case No. 2D05-4987, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 10, 2007, Opinion Filed
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Overview: Case was remanded for resentencing because, in granting motion to correct sentencing error, trial court found defendant was wrongly sentenced to 30 years for possession of burglary tools under habitual offender statute and as prison releasee offender under Prison Releasee Reoffender Act, and State did not schedule resentencing hearing as ordered.

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Dep't of Children & Families v. C.G., Case No. 5D06-835, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 10, 2007, Opinion Filed
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Dep't of Children & Family Servs. v. D.W. (In the Interest of S.E.), Case No. 2D05-6201, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 10, 2007, Opinion Filed
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Overview: Pursuant to § 90.706, Fla. Stat., trial court erred in allowing father's expert to testify, in a termination proceeding, regarding medical literature articles. The expert improperly bolstered his opinion by testifying regarding the contents of three articles, which were inadmissible hearsay. Permitting this undermined the rules of evidence.

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E.K. v. Dep't of Children & Family Servs., CASE NO. 3D05-599, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 10, 2007, Opinion Filed
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Overview: Claim that a father abandoned his child by leaving her with her mother, who had a drug abuse problem, was not supported by sufficient evidence to establish a dependency claim under § 39.01(1), Fla. Stat. The trial evidence showed that the father provided necessaries when asked and regularly visited and communicated with his daughter.

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Espinueva v. State, No. 4D05-3562, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 10, 2007, Decided
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Overview: Because defendant's plea agreement did not include any agreement as to sentencing, his double jeopardy claim was not waived, but remained viable, justifying remand for the trial court to consider whether a violation of his rights occurred, and if necessary, a resentencing on two counts of attempted armed robbery.

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Fields v. Klein, No. 4D06-410, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 10, 2007, Decided
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Overview: Because client's prior counsel was discharged before any contingency was realized, an award of said fee was reversed. Moreover, because there was no evidence that the privilege was abused, no evidence of prejudice to counsel, and an amendment would not have been futile, the client was erroneously denied leave to amend his complaint.

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