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State Courts -
Florida - January 18, 2006
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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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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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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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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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