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   State Courts - Florida - January 24, 2007

  
Bryant v. State, No. 4D06-4799, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Cooney v. State, No. 3D06-727, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 24, 2007, Opinion Filed
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Daniel v. State, No. 4D06-76, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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E.I. Dupont De Nemours & Co. v. Bassett, No. 4D06-2950, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Ellis v. State, No. 4D06-241, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Estate of Basalyga v. Estate of Basalyga, No. 3D04-2069, Consolidated: 3D04-2028, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 24, 2007, Opinion Filed
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Overview: Trial court properly invalidated parties' prenuptial agreement and equitably distributed approximately $ 1.3 million to each party. However, because the final judgment placed the parties on "nearly equal footing" for purposes of paying fees, the trial court breached its discretion by awarding fees to the wife pursuant to § 61.16, Fla. Stat.

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Fid. & Cas. Co. v. State Farm Fire & Cas. Co., No. 3D05-2232, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 24, 2007, Opinion Filed
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Overview: Because the clear and unambiguous terms of an automatic termination provision in a policy issued by the first insurer effectively terminated its coverage one day prior to the insured's accident, the trial court erred in granting summary judgment to the second insurer.

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Fisher v. Perez, No. 3D05-519, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 24, 2007, Opinion Filed
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Overview: As appellant's case rested on testimony of the only expert who did not think appellee's injury was caused by the parties' auto accident, and she was materially prejudiced by trial court's unwillingness to accommodate expert's unforeseen medical emergency, court abused its discretion in denying her motion for continuance under Fla. R. Civ. P. 1.460.

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Flowers v. State, No. 4D06-2896, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Garcia v. Hernandez, No. 3D05-2574, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 24, 2007, Opinion Filed
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Overview: A trial court erred in not awarding a former wife exclusive use of the marital home until the parties' child attained the age of majority and by ordering that marital home be sold, as the former husband did not show any "special circumstances" or "compelling financial reasons" to justify denial of the wife's request.

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