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   State Courts - Florida - January 24, 2007

  
Keller v. Estate of Keller, No. 4D04-2427, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Overview: While the trial court's orders with respect to various trusts held by the parties were upheld, it erred in denying the husband's attorney's fees in his trust litigation, as such were to be awarded pursuant to an unconditional clause in the trust agreements, and no evidence was presented as to why such provision should not be enforced.

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Lowe v. Lowe, No. 4D06-1408, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Overview: While a purge amount was based on the evidence presented, and an support arrearage was correct, because the husband's new wife was neither a party to the post-dissolution proceeding nor served with notice, the court lacked jurisdiction over her to impose a lien on the property she and the husband owned and, thus, order a sale of the same.

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Massie v. State, CASE NO. 1D06-3786, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 24, 2007, Opinion Filed
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McKire v. McDonough, CASE NO. 1D06-0312, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 24, 2007, Opinion Filed
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Overview: Because appellate jurisdiction over a circuit court's post-judgment lien order was not timely invoked, the appellate court lacked authority to review it by way of mandamus.

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Montero v. State, No. 4D05-3823, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Moore v. County of Madison, CASE NO. 1D04-2372, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 24, 2007, Opinion Filed
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O'Neal v. Beach Rentals of S. Walton, Inc., CASE NO. 1D06-1985, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 24, 2007, Opinion Filed
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Overview: Because appellees attempted to voluntarily dismiss remainder of their claims after trial by filing notice of voluntary dismissal, rather than a stipulation of dismissal signed by all parties, pursuant to Fla. R. Civ. P. 1.420(a), four counts of the complaint remained pending, and an appeal of the order dismissing two other counts was premature.

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Reeves v. State, No. 4D06-907, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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S.A. v. State, No. 4D06-3236, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 24, 2007, Decided
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Simmons v. Agency for Health Care Admin., CASE NO. 1D06-4544, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 24, 2007, Opinion Filed
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Overview: Because an agency had a clear legal duty under § 120.569(2)(a), Fla. Stat. to enter an order granting or denying a doctor's petition for formal administrative hearing, the doctor's petition for a writ of mandamus was granted.

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