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State Courts -
Florida - January 17, 2007
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Randall v. Randall, No. 3D06-6,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 17, 2007, Opinion Filed
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Overview: A trial judge erred in holding a former wife in contempt for failure to satisfy debts to third parties ordered under § 61.075, Fla. Stat. (2006), as part of an equitable distribution, as enforcement through contempt of debts not involving support violated Fla. Const. art. I, § 11, which prohibited imprisonment for debt.
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Spry v. State, Case No. 2D06-3448,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 17, 2007, Opinion Filed
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Overview: Because an appellate court could not determine whether an officer's testimony, in context, was permitted, the matter had to be remanded to determine whether the officer testified as a qualified expert concerning whether the circumstances were consistent with possession for sale or for personal use, or whether he testified about defendant's intent.
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Xpress Title, Inc. v. Jason M. Wandner, P.A., No. 3D05-1085,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 17, 2007, Opinion Filed
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Overview: Because a title company's liability as an escrow agent could not exceed the amount left over in the escrow, an unpaid creditor's damages were unliquidated; therefore, the trial court erred in denying the company's motion to vacate a default final judgment in favor of the creditor.
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