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   State Courts - Florida - January 18, 2006

  
Siegel v. Novak, Nos. 4D04-3435 and 4D05-430, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 18, 2006, Decided
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Overview: Due to the significant relationship between the State of New York and a trust, New York law afforded the trustees standing to object to a trust accounting. Further, the settlor's revocable trust contained no limiting language regarding who could object.

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State v. Brownell, CASE NO. 3D04-68, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Defendant's sentence as a habitual offender for attempted robbery, battery, and grand theft of a vehicle to two consecutive, 364-day terms in county jail was reversed as the trial court failed to give any reasons, either orally or in writing, for a downward departure from the lowest permissible sentence of 29.1 months in state prison.

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State v. McKay, No. 4D04-4238, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 18, 2006, Decided
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State v. Williams, Case No. 2D05-1770, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 18, 2006, Opinion Filed
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Overview: Defendant was on authorized release from the time he left the work release center to go to work until the prescribed time for his return. Thus, defendant did not escape in violation of Fla. Stat. § 944.40 (2004) when, while on a work release program, he arrived at his work location 90 minutes late. An escape charge was properly dismissed.

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T.V.R. v. C.R. (In the Interest of A.L.R.), Case No. 2D04-3714, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 18, 2006, Opinion Filed
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Overview: Order terminating father's parental rights to child was improper where trial court failed, inter alia, to assess if continued relationship posed substantial risk of harm to child, failed to make reference to Fla. Stat. § 39.810 "manifest best interests" factors, and never addressed if termination was least restrictive means of protecting child.

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Tri-County Plumbing Servs. v. Brown, CASE NO. 3D03-3247, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Customer could recover, under Florida's Deceptive and Unfair Trade Practices Act, the full deposit paid to a plumber whose failure to complete work left her without water service, but damages were not awarded under breach of contract claim where she ultimately had another plumber perform the work for less than the returned deposit amount.

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United Auto. Ins. Co. v. Diagnostics of South Fla., Inc., CASE NO. 3D05-396, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Where insured's $ 2,000 PIP deductible was not met when corporation's claim was submitted, insurance company was not required to make PIP payments and owed no statutory interest. Corporation thus did not suffer injury, had no cause of action against insurance company, and lacked standing to pursue a class action suit claiming statutory interest.

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Univ. of Miami v. Frank, CASE NO. 3D04-477, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: In a breach of contract action between a university and one of its professors, as the contract unambiguously established that the professor's guaranteed annual pay was his tenured salary as it appeared in his 1993 continuation and no more, the professor could not be afforded any more relief. Hence, the university was entitled to summary judgment.

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Vargas v. Acosta, CASE NO. 3D05-1083, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: An emergency order relocating a ward to a rehabilitation center was affirmed; the trial court met the requirement of Fla. Stat. ch. 744.2025(1) by "considering the reason given for relocation," and there was no dispute that the ward was being discharged from his nursing facility and that he was in need of immediate nursing care.

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W.N. v. Dep't of Children & Family Servs., CASE NO. 3D04-2730, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Termination of father's parental rights pursuant to Fla. Stat. § 39.806(1)(c), (e) (2005) was supported by sufficient evidence where, inter alia, father twice relapsed after substance abuse counseling, repeatedly tested positive for drugs, failed to visit child or pay child support, and failed to acknowledge how drug use placed child at risk.

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