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   State Courts - Florida - January 18, 2006

  
Alvarado v. Cisneros, CASE NO. 3D04-2907, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Where objection to service of process was timely raised, plea to merits and active defense of suit did not waive objection. Substituted service on Secretary of State under Fla. Stat. § 48.171 was invalid where complaint lacked allegations that defendants were nonresidents or residents who became nonresidents were concealing their whereabouts.

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Bain v. State, CASE NO. 3D02-3402, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: As the State conceded that the record did not support a finding that the sentencing decision of a successor judge who ruled on a scoring error in calculating the guideline sentence was based on his independent evaluation of the case, the case was remanded to allow the trial judge to clarify precisely what he reviewed before imposing sentence.

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Bayron v. State, CASE NO. 3D05-2762, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Beckford v. GMC, CASE NO. 3D05-1781, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Class members were not entitled to a writ of certiorari to review the denial of a motion to lift a stay order in a state court class action as they could have brought their Florida law claims in the previously filed federal class action involving substantially the same parties and issues.

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Carrada v. State, CASE NO. 3D03-2996, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Defendant was granted a new trial on the charge that he left the scene of a crash resulting in personal injury, as the State conceded that the prosecutor erroneously called a witness with knowledge that he was to testify adversely to defendant, and the court admitted the statement as substantive evidence, as such sabotaged defendant's only defense.

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Cartaya v. Dep't of Bus. & Prof'l Regulation, CASE NO. 3D05-812, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: The Florida Real Estate Appraisal Board erred by departing from an ALJ's recommendations without stating with particularity its reasons for doing so in its written order suspending an appraiser's appraisal certificate for two years. The Board failed to state any reason justifying its departure from the recommended thirty-day suspension.

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Carter v. State, CASE NO. 3D04-3066, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: The denial of appellant's Fla. R. Crim. P. 3.850 motion for postconviction relief was affirmed, as his claims of ineffective assistance of counsel were refuted by the record. In each of the plea agreements appellant signed, he was specifically informed of the maximum sentences he was facing and he admitted going over the forms with his attorney.

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Chavarria v. Bautista, CASE NO. 3D05-2084, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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City of Homestead Police Dep't v. Chuck, CASE NO. 3D05-1883, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Collar v. Collar, CASE NO. 3D05-3, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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