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| Cortes v. State, CASE NO. 3D05-1470,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Denial of defendant's second motion to correct illegal sentence was affirmed; the mandate in defendant's direct appeal from his conviction and sentence issued before Apprendi, Blakely, and Booker were decided. He could not therefore claim their benefit.
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| Deville v. State, No. 4D04-1375,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 18, 2006, Decided
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Overview: Given a lock pick set's negligible relevance to a material fact, the trial court abused its discretion in admitting it into evidence. It was not found geographically close to the scene of the crime, nor was it discovered in temporal proximity of the crime. The error was not harmless, as the evidence against defendant was circumstantial.
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| Donaldson v. State, No. 4D05-4572,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 18, 2006, Decided
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| Fine Decorators, Inc. v. Argent Global (Bermuda) Ltd., CASE NO. 3D04-2258,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: An owner had waived its right to arbitration in a breach of contract action because it had proceeded with litigation by propounding discovery and filing amended pleadings. A new Florida Supreme Court case overturned a requirement that no finding of a waiver of the right to arbitrate could be made without showing proof of prejudice.
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| Fla. Lifestyles Realty, Inc. v. Goodwin, Case No. 2D05-981,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 18, 2006, Opinion Filed
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Overview: Where a dismissed malicious prosecution count in one realtor's complaint against another arising out of an earlier dispute over entitlement to commissions was closely intertwined with two other counts, interlocutory review of the dismissal order was not available under Fla. R. App. P. 9.110(k).
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| Hemingway v. State, No. 4D05-4142,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 18, 2006, Decided
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| Horton v. Freeman, No. 4D04-2958,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 18, 2006, Decided
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Overview: Allegations that homeowners voluntarily assumed the care and custody of a minor, negligently allowed illegal drug use by their own son and the minor, failed to call an ambulance, and failed to provide appropriate care when they knew or should have known minor had overdosed stated a viable cause of action for the wrongful death of the minor.
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| Jackson v. State, No. 4D04-3546,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 18, 2006, Decided
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| Jarp v. Jarp, CASE NO. 3D05-2537,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Dispute between judge and lawyer, which occurred 20 years earlier, and which warranted disqualification in 1984, and for a period of time thereafter, was too stale to require disqualification in 2005, despite the fact that the judge had granted past motions for disqualification and had recused herself, sua sponte, based on the dispute.
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