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| Aeacus Real Estate, Ltd. P'ship v. 5th Ave. Real Estate Dev., Inc., No. 4D05-3599,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Overview: Nothing in parties' settlement agreement or in first appellate opinion suggested that mortgagee had only a single attempt to comply with the agreement's notice provision. The record failed to disclose that debtors ever made any tender of payment required by the mortgage and settlement. Res judicata did not apply under these circumstances.
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| Aptaker v. Dep't of Health, Bd. of Med., CASE NO. 1D05-4740,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 24, 2007, Opinion Filed
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| Arce v. State, No. 4D06-3337,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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| Arnold v. Florida's Blood Ctrs., Inc., CASE NO. 1D05-4749,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 24, 2007, Opinion Filed
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Overview: Because an employee presented undisputed and competent evidence that she left her job because her employer refused to let her continue work in light of her job restrictions, and that afterward, she undertook a diligent, albeit unsuccessful, job search, the Judge of Compensation Claims erroneously denied her TPD benefits.
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| Barnard v. State, No. 3D06-2370,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 24, 2007, Opinion Filed
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| Boland v. State, No. 4D05-4366,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Overview: Defendant was entitled to new trial on armed robbery and burglary charges because the trial court abused its discretion when it denied defendant a continuance to allow a handwriting expert to examine an inculpatory letter produced by the prosecution on the day of trial; defendant was prejudiced by trial court's denial and error was not harmless.
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| Brannon v. Boldt, Case No. 2D03-4477,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 24, 2007, Decided , January 24, 2007, Opinion Filed
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Overview: While an implied easement for ingress and egress gave the holders access to a nearby bay and to the public riparian rights possessed by all people below the high-water mark, it did not include the right to sit and stand on the land in order to fish, watch fireworks, watch the sunset, and generally enjoy the view of the bay.
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| Brock v. State, CASE NO. 1D06-3998,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 24, 2007, Opinion Filed
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Overview: Because an inmate's timely letter might not have reached counsel, the exceptional circumstance was sufficient to warrant the granting of a belated appeal; an evidentiary hearing was not required because the State did not establish a good faith basis for disputing the inmate's sworn allegation.
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| Brown v. Fla. Dep't of Agric. & Consumer Servs., No. 4D05-4044,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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