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| Fell v. Carlin, Case No. 2D07-2921,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2009, Opinion Filed
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| Maynard v. Fla. Bd. of Educ., Case No: 2D06-5367,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2009, Decided, January 16, 2009, Opinion Filed
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Overview: A resident who raised the issue of a state university's lack of standing to assert a malicious prosecution claim against him in a post-trial motion to set aside a verdict did not waive the issue of standing for purposes of appeal; the university, as a state entity, lacked standing to bring the claim after the resident's prior federal action failed.
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| McDougall v. Culver, Case No. 2D07-5490,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2009, Opinion Filed
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Overview: Internal investigation memos circulated to senior officials (SOs) in sheriff's office did not constitute meeting of "board" under Sunshine Law, ¿ 286.011, Fla. Stat., as sheriff made final decision on deputies' discipline and did not deliberate with the SOs, and therefore, failure to make memos public during investigation did not violate ¿ 286.011.
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| Pierce v. Pierce, Case No. 2D08-356,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2009, Opinion Filed
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| Presnell v. Unemployment Appeals Comm'n, CASE NO. 5D07-3919,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 16, 2009, Opinion Filed
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Overview: Denial of unemployment benefits was affirmed; while there was conflicting evidence about how much work was available to a former employee, appellate court could not reweigh the evidence to reverse a referee's determination that employee left his job voluntarily and without the good cause required by ¿ 443.101(1)(a), Fla. Stat.
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| Ruiz v. State, Case No. 2D07-4700,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2009, Opinion Filed
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| Spangler v. State, Case No. 5D08-893,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 16, 2009, Opinion Filed
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Overview: Trial court committed reversible error when it allowed the State to elicit bolstering testimony from the two officers who arrested defendant on a possession of cocaine charge because the testimony was elicited during the direct examination of the officers before defendant had an opportunity to impeach them.
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| Thomas v. State, Case No. 2D07-5896,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 16, 2009, Opinion Filed
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Overview: Postconviction (PC) court erred in summarily denying inmate's Fla. R. Crim. P. 3.853 motion for DNA testing because it was not filed within 30-day period PC court imposed after dismissing original motion; neither Rule 3.853 nor ¿ 925.11(1)(b), Fla. Stat. placed time limit on filing motion and PC court could not arbitrarily impose one.
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