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   State Courts - Florida - January 11, 2006

  
AMH Appraisal Consultants, Inc. v. Argov Gavish P'ship, Nos. 4D04-4681 & 4D05-783, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 11, 2006, Decided
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Overview: In a negligent appraisal case, the trial court did not err in refusing to submit the insurance agent's negligence to the jury pursuant to Fla. Stat. ch. 768.81(3) because, in the absence of expert testimony pursuant to Fla. R. Civ. P. 1.390, the agent could not be held responsible.

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Ali v. State, No. 4D04-3610, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 11, 2006, Decided
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B.A.O. v. State, Case No. 2D04-3755, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 11, 2006, Opinion Filed
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Overview: Because the record did not contain evidence that satisfied the second element of the test for loitering and prowling under Fla. Stat. ch. 856.021, the State did not meet its burden for a finding that a juvenile had committed the offense. There was no evidence that his actions indicated an imminent threat to property or people in the area.

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Barber v. State, CASE NO. 3D04-2225, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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Overview: Defendant was entitled to a new trial in his prosecution for trespass and grand theft because the court reporter was unable to produce a transcript of the trial and the State conceded that it was unable to reconstruct the record of the entire trial.

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Brack v. State, No. 4D04-1855, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 11, 2006, Decided
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Overview: As defendant stipulated to the taking of a deposition, was personally present, and did not object when the deposition was offered at trial, his argument that the court erred in admitting a deposition of a critical witness because the requirements of Fla. R. Crim. P. 3.190(j) were not followed failed. His murder conviction was affirmed.

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Buzzi v. Quality Serv. Station, Inc., CASE NO. 3D04-889, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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Overview: Because an affidavit set forth admissible facts that supported the entry of summary judgment under Fla. R. Civ. P. 1.510(a), and a subtenant acknowledged a letter's authenticity by admitting the allegations in his motion to strike, the trial court properly granted summary judgment to the tenant.

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Cartwright v. State, CASE NO. 3D05-939, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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Overview: After the owner of the building had the authority to allow police to investigate a report that a prostitution house was being conducted out of an unspecified apartment on the second floor of said building, upon observing cocaine in open view in defendant's apartment, he lawfully seized the same based on the exigent circumstances present.

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Chomat v. Northern Ins. Co., CASE NO. 3D05-1452, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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Overview: While there was no waiver of an attorney-client privilege in a lawsuit arising out of a Coblentz agreement, a statement within the agreement, that the three corporate officers had been advised by their personal counsel that the case, if tried before a jury, would result in a verdict of liability, did waive the privilege as to that issue.

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Conley v. State, No. 4D05-3806, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 11, 2006, Decided
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Fredman v. Fredman, Case No. 2D05-378, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 11, 2006, Opinion Filed
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Overview: Because the trial court applied the wrong standard in measuring the substitute visitation schedule between the parties, that part of the judgment was reversed. But, as to that part of the order regarding a modification of child support, no abuse of discretion was found, despite the court's failure to discuss the factual findings relative thereto.

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