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| Bagley v. Bagley, CASE NO. 1D06-0122,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2007, Opinion Filed
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| Bessey v. Difilippo, CASE NO. 1D06-0774,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2007, Opinion Filed
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Overview: Although an injured person he did not recover all of the damages he sought in the negligence action, he won the claim and recovered judgment. Because the award of costs under § 57.041(1), Fla. Stat. was not discretionary, the trial court erred in not awarding all costs associated with the action.
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| Eros Corp. of Daytona Beach, Inc. v. Burgoyne Props., Ltd., CASE NO. 1D06-5265,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2007, Opinion Filed
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| In re Std. Jury Instructions in Crim. Cases (2006-3), No. SC06-2436,
SUPREME COURT OF FLORIDA, January 25, 2007, Decided
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| Lemmer v. Urban Elec., Inc., CASE NO. 1D05-6098,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2007, Opinion Filed
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Overview: Denial of workers' compensation benefits was reversed; JCC erred in making assumption regarding maximum medical improvement date for employee's back injury, as it could only be determined through medical evidence, and erred in denying TPD as denial was based on findings about work restrictions and job loss that were not supported by the evidence.
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| Mann v. State DOT, CASE NO. 1D06-1195,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2007, Opinion Filed
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| Millender v. State, CASE NO. 1D06-4768,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2007, Opinion Filed
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| N.C. v. State, CASE NO. 1D06-2591,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2007, Opinion Filed
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Overview: Despite the fact that the State presented sufficient evidence to withstand a motion to dismiss and failed to comply with § 90.803(23), Fla. Stat. (2005), a sexual battery adjudication was reversed, as the court failed to make specific findings to support its conclusion that the victim's statement was reliable, and such was not harmless error.
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| Palm v. State, CASE NO. 1D06-4120,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2007, Opinion Filed
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Overview: Because the timeliness of a Fla. R. Crim. P. 3.853 appeal could not be determined due to the order on appeal lacking a date of service, the court presumed that the motion for rehearing was timely filed. The State, however, was to be given the opportunity to rebut that presumption by presenting evidence that it was in fact not timely filed.
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