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   State Courts - Florida - January 21, 2009

  
Aircraft Logistics, Inc. v. H. E. Sutton Forwarding Co., LLC, No. 3D07-3196, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 21, 2009, Opinion Filed
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Overview: Trial court properly considered existence of duty on summary judgment because whether duty and foreseeability existed was a question of law. Summary judgment was upheld because ramp owner owed no duty to plane owner; sudden wind gusts were not foreseeable, ramp could not have been secured to avoid damage, and airport had sole control of ramp.

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Bujno v. Dep't of Corr., CASE NO. 1D08-2563, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 21, 2009, Opinion Filed
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C.C.N. v. State, Case No. 2D08-639, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 21, 2009, Opinion Filed
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City of Hollywood v. Benoit, No. 4D08-1312, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 21, 2009, Decided
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Overview: Circuit court properly issued writ of rule nisi under ? 440.24(1), Fla. Stat. ordering an employer to pay workers' compensation benefits pursuant to stipulated order as circuit court had limited jurisdiction and could not address legal issue of whether providing attendant care to claimant was a condition precedent to his mother's receiving payment.

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Espinal v. State, No. 3D07-1887, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 21, 2009, Opinion Filed
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Fonseca v. State, No. 3D08-2940, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 21, 2009, Opinion Filed
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French v. French, No. 4D06-3860, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 21, 2009, Decided
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Overview: Alimony payments to a former wife should have been reduced or terminated because once the trial court had found that the wife was involved in a supportive relationship with her paramour under ? 61.14(1)(b)(1), Fla. Stat., it had no choice but to reduce or terminate the alimony.

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Gelin v. State, No. 3D08-2884, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 21, 2009, Opinion Filed
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Gordon v. State, CASE NO. 1D07-4136, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 21, 2009, Opinion Filed
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Overview: Revocation of probation was upheld because drug evidence seized during probationary search was correctly used to determine whether defendant had violated probation. Conviction on new drug charges was reversed; use of that drug evidence did not support new prosecution--anonymous phone tip did not provide reasonable suspicion of criminal activity.

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Gunn v. State, No. 4D08-3728, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 21, 2009, Decided
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