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| Gisi v. State, Case No. 2D06-136,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 10, 2007, Opinion Filed
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Overview: Merely restructuring sentences from concurrent to consecutive upon resentencing was not enough to support a claim that sentences were increased. Pearce was not implicated because the new sentences consecutively totaled 45 years-clearly less than the original 71-year concurrent sentences-and did not exceed the statutory limit.
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| Izquierdo v. Gyroscope, Inc., No. 4D05-4599,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 10, 2007, Decided
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Overview: Verdict finding of no negligence on restaurant's part was contrary to undisputed evidence. Only reasonable inference from facts that restaurant's manager knew that custom of throwing napkins in air and leaving them on floor created hazardous condition established restaurant's negligence pursuant to case law and § 768.0710(1), Fla. Stat.
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| Keller v. State, No. 4D06-1154,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 10, 2007, Decided
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Overview: Suppression of Hydrocodone, a Schedule III narcotic, found during a consensual encounter with defendant, and in plain view, was properly denied, as the drug's incriminating nature was readily apparent, and the officer had probable cause to believe, at the time of the seizure, that defendant's temporary possession was not for a legitimate purpose.
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| Kropa v. State, Case No. 2D06-3409,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 10, 2007, Opinion Filed
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Overview: Although the postconviction court correctly entered a summary denial of appellant's amended Fla. R. Crim. P. 3.850 motion, the judgment was reversed in part and remanded because the court failed to address appellant's original claim of ineffective assistance of counsel based upon counsel misadvising him regarding the length of his prison sentence.
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| McFord v. State, CASE NO. 3D06-1181,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 10, 2007, Opinion Filed
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| Michael v. Med. Staffing Network, Inc., CASE NO. 3D05-2878,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 10, 2007, Opinion Filed
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Overview: Even though a nurse was not identified by name, job title, or job description, because an affidavit indicated a reasonable investigation was done into the claims, including the claims asserted against the nurse, the evidence of a reasonable investigation was sufficient under § 766.203(2), Fla. Stat.
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| Ratigan v. Stone, CASE NOS. 3D03-3102, 3D03-2831,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 10, 2007, Opinion Filed
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Overview: In a divorce proceeding, the trial court properly awarded a wife her attorney's fees as a sanction because the husband was not forthright with his financial affairs and failed to comply with discovery requests. But, the court lacked the authority to award attorney's fees as a sanction to the wife's fiance in separate domestic violence action.
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| State v. Paulk, No. 4D06-374,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 10, 2007, Decided
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Overview: Under § 812.035(10), Fla. Stat., the statute of limitations for defendant's grand theft charge was tolled for one year, based on defendant's New Jersey incarceration. She was charged by information and served with process prior to expiration of the limitations period. Consequently, prosecution was timely commenced.
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| State v. Randol, CASE NO. 3D06-2126,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 10, 2007, Opinion Filed
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Overview: Trial court's order excluding evidence from three latent fingerprint reports based on State's violation of a discovery order was quashed; trial court erred in failing to conduct a Richardson hearing to determine whether the State's violation of the order had caused defendant procedural, as opposed to substantive, prejudice.
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