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   State Courts - Florida - January 14, 2009

  
Gregory v. State, No. 3D07-2155, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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Haq v. State, No. 4D08-1032, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 14, 2009, Decided
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Overview: Summary denial of portions of Fla. R. Crim. P. 3.850 motion was error because, inter alia, claims that counsel provided ineffective assistance in failing to call a specific witness and in "misadvising" him not to testify, and that he was prejudiced by such failure were facially sufficient, and not conclusively refuted by the record.

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Jacques v. State, No. 4D08-3270, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 14, 2009, Decided
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Miami-Dade County v. Prof'l Law Enforcement Ass'n, No. 3D08-1403, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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Parks v. Parks, Case No. 2D07-298, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 14, 2009, Opinion Filed
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Overview: It was inequitable to award former husband motorcycle bought with proceeds from a loan on the martial home when former wife had to expend her funds from loan to support herself because the trial court effectively assigned $ 25,000 to former wife as part of equitable distribution. Former wife's withdrawal of $ 25,000 was not marital misconduct.

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Ponzi v. Suntrust Mortg., Inc., No. 4D08-1038, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 14, 2009, Decided
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Rollins v. State, No. 4D08-2965, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 14, 2009, Decided
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Thompson v. State, No. 4D08-1849, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 14, 2009, Decided
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Overview: State was entitled to speedy trial rule's Fla. R. Crim. P. 3.191(p)(3) 15-day recapture window; driver had actual notice misdemeanor DUI charge was upfiled to felony before speedy trial period ran, and the State had not misled driver into believing charge was abandoned nor precluded him from timely filing notice of expiration of speedy trial time.

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Toirac v. Dep't of Bus. & Prof'l Regulation, No. 3D07-1027, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 14, 2009, Opinion Filed
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