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| Genuine Parts Co. v. Parsons, Nos. 4D05-4633, 4D05-4636, 4D05-4638, 4D05-4649, and 4D05-4650,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 11, 2006, Decided
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Overview: Because a trial court ignored the mandatory language of Fla. R. Civ. P. 1.440(c) by denying companies' motion for a continuance and setting a trial on eight days' phone notice within four months of the filing of an asbestos complaint, the companies were entitled to mandamus.
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| Johnson v. State, Case No. 2D05-2378,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 11, 2006, Opinion Filed
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Overview: Pursuant to a Fla. R. Crim. P. 3.800(a) motion, defendant was entitled to a recalculation of jail credit because, as defendant was arrested in the second case before being sent to prison in the first case, he was entitled to a credit in the second case for the time he served in prison on the first case prior to his sentencing in the second case.
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| Lanza v. Allied Trucking of Fla., Inc., CASE NO. 3D05-53,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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Overview: Default against a corporation in a negligence action was properly vacated because the corporation filed a motion to vacate less than 30 days after the default was entered and excusable neglect was shown by attorneys' affidavits indicating that the complaint was not timely responded to due to the vacations of certain office personnel.
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| Lewis v. State, CASE NO. 3D05-2568,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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| Medina v. State, CASE NO. 3D05-2222,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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Overview: Because defendant's motion for a writ of coram nobis was untimely, successive, and raised claims of ineffective assistance of counsel, which were not traditionally recognized under writs of error coram nobis, said motion was properly denied.
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| Mitchell v. State, CASE NO. 3D05-1783,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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| Peterson v. State, CASE NO. 3D05-2649,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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Overview: The trial court did not err in denying defendant's Fla. R. Crim. P. 3.853 motion for DNA testing because the motion was legally insufficient where it did not sufficiently spell out defendant's theory of how the DNA testing might exonerate him.
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| Rodriguez v. State, CASE NO. 3D05-2552,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 11, 2006, Opinion Filed
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Overview: The trial court's order summarily denying a rehearing appeared to state that the issues raised in defendant's Fla. R. Crim. P. 3.800(a) motion had been previously litigated, but the trial court did not attach the plea colloquy or the plea agreement, so the record did not conclusively refute defendant's claim. The order was reversed.
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| Rostano v. State, No. 4D04-59,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 11, 2006, Decided
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