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   State Courts - Florida - January 17, 2007

  
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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Rooks v. Rooks, No. 4D06-674, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 17, 2007, Decided
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Ruffin v. State, No. 3D06-2179, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 17, 2007, Opinion Filed
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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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Sramek v. State, Case No. 2D05-4037, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 17, 2007, Opinion Filed
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Overview: Contempt finding based on defendant's alleged violation of an order prohibiting contact with victim violated Fla. R. Crim. P. 3.840 and was fundamental error under circumstances in which, while officers signed affidavits supporting show cause order, neither victim nor witness who identified defendant on voice mail messages signed affidavits.

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Stanley v. State, No. 3D06-1233, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 17, 2007, Opinion Filed
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Overview: "Heggs challenges" were not applicable to offenses committed after May 24, 1997, so defendant's challenge to a sentence imposed for charged offenses which occurred on August 13, 1997 was facially insufficient. Summary denial of defendant's Fla. R. Crim. P. 3.800(a) motion correct an illegal sentence was proper.

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Tyler v. State, No. 4D05-2560, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 17, 2007, Decided
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White v. Tequesta HMA, Inc., No. 4D06-1768, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 17, 2007, Decided
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Wilcox v. State, No. 3D06-699, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 17, 2007, Opinion Filed
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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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