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   State Courts - Florida - January 14, 2009

  
Alfred v. State, No. 4D07-3820, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 14, 2009, Decided
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Overview: Defendant was not entitled to withdraw no contest plea under Fla. R. Crim. P. 3.170(l) as he failed to assert that, but for his counsel's errors in advising him he would receive no more than 15 years in prison, he would not have pleaded guilty; plea colloquy indicated that defendant represented that no one advised him of what his sentence would be.

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Carson v. Fla. Unemployment Appeals Comm'n, No. 3D08-571, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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Casas v. Siemens Energy & Automation, Inc., No. 3D04-742, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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Overview: As showing of concealment was no longer essential to establishing intentional tort exception to workers' compensation immunity under the substantial certainty test, summary judgment in favor of employer on that issue was reversed as material fact questions then existed as to whether employee's training supported finding the exception applied.

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Cent. Motor Co. v. Shaw, No. 3D07-765, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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Overview: Car dealership was not entitled to attorney's fees and costs pursuant to ? 768.79, Fla. Stat. in buyer's action for deceptive trade practices as while the buyer did not accept a settlement offer of $1,000 from the dealership, the buyer did accept $10,000 from a finance company on the condition that both the dealership and the company be dismissed.

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Chandler v. State, Case No.2D07-6017, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 14, 2009, Opinion Filed
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Overview: As inmate's Fla. R. Crim. P. 3.850 was filed in 2007, the precedent in Douglas, Boykins, and Beasley regarding misadvice of counsel applied; under that precedent, the inmate's motion was timely as it was filed within two years of the inmate learning that contrary to advice from counsel, the inmate was subject to a period of conditional release.

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Cooper Tire & Rubber Co. v. Rodriguez, No. 3D08-816, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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Overview: Order compelling discovery in defective tire litigation was proper because, inter alia, manufacturer's discovery counsel had conceded that producing documents produced in previous defective tire litigation would not have been unduly burdensome. Pursuant to Fla. R. Civ. P. 1.280, production could have led to discovery of admissible evidence.

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Dorris v. State, Case No. 2D08-2029, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 14, 2009, Opinion Filed
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Eden Isles Condo. Ass'n v. Dep't of Bus. & Prof'l Regulations, No. 3D07-2022, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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Overview: Administrative penalty of $5,000 under Fla. Admin. Code Ann. R. 61B-21.003(7)(b) was improperly imposed on a condominium association for assessing common expenses at rates that differed from that set out in its Declaration of Condominium as state agency did not have the authority to interpret provisions of the Declaration that were ambiguous.

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Evans v. State, No. 4D08-1790, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 14, 2009, Decided
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Overview: Denial of defendant's motion for judgment of acquittal on charge of tampering with evidence, ? 918.13, Fla. Stat. was error because there was insufficient evidence. Only evidence presented to the jury was that defendant either threw or dropped a cocaine rock in sand on which he was standing and the officers were unable to find it thereafter.

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F.E. v. Dep't of Children & Families, No. 3D08-1930, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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