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State Courts -
Florida - January 12, 2009
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Diamond Regal Dev., Inc. v. Matinnaz Constr., Inc., CASE NO. 1D07-4786/1D07-5580,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 12, 2009, Opinion Filed
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Overview: Trial court's refusal to allow unsuccessful bidder (UB) on a construction contract to testify as an expert for project owner in a breach of contract action was reversible error; UB was qualified, his testimony would have assisted jury as required by § 90.702, Fla. Stat., and any perceived bias he might have had was a credibility issue for the jury.
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Jackson v. State, CASE NO. 1D07-5098,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 12, 2009, Opinion Filed
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Overview: While defendant's statements and crack pipe were products of illegal arrest under § 901.36(1), Fla. Stat., for giving false names, pipe was admissible under inevitable discovery doctrine, and shotgun and shells found during search of shed after arrest were admissible under independent source doctrine as defendant's mother consented to search.
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