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   State Courts - Florida - January 26, 2007

  
Agency for Persons with Disabilities v. McFadden, CASE NO. 1D06-1976, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Am. Wall Sys. v. Madison Int'l Group, Inc., Case No. 5D03-2857, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 26, 2007, Opinion Filed
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Bahadue v. Sanaullah, CASE NO. 1D06-0605, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Overview: Summary judgment in favor of doctor seeking fees due under an employment contract was reversed; the pleadings, admissions, and affidavits filed by the doctor and the individual he claimed he had contracted with showed that there was a genuine issue of fact as to the individual's personal involvement in hiring the doctor as a medical director.

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Cernak v. State, Case No. 2D05-4528, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Because the trial court's written amended sentence did not impose a sentence on two of the three counts, the trial court erred by failing to correct it when it granted defendant's Fla. R. Crim. P. 3.800(b)(1) motion to correct the sentencing error.

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Cliett v. State, CASE NO. 1D05-3193, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Overview: Because the standard jury instruction for robbery, Fla. Std. Jury Inst. Crim. 15.1, simply asked whether, from a jury's external viewpoint, the victim was put in fear--an objective analysis--it fairly presented the law and did not mislead the jury.

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Copeland v. Albertson's, Inc., Case No. 2D05-2867, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Trial court's grant of summary judgment to a grocery store and its employees on a robber's claims of intentional torts and negligence regarding his apprehension by the employees was reversed and the case was remanded because the store's and the employee's presentation of a defense under § 776.085, Fla. Stat., was procedurally defective.

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Cothron v. State, Case No. 5D06-1700, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 26, 2007, Opinion Filed
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DeMartino v. Simat, Case No. 2D05-6189, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Trial court's dismissal, for failure to state a claim, of count in personal injury action seeking reformation of release based on mutual mistake, was reversed; claim that law of the case precluded the claim failed as it was not apparent from face of claim, and in any event, a trial court ruling on a partial summary judgment was not law of the case.

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Dep't of Children & Family Servs. v. Heart of Adoptions, Inc. (In the Interest of J.T.), Case No. 2D06-296, Case No. 2D06-416, Case No. 2D06-1037, Case No. 2D06-1220, Case No. 06-1523, CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Because the circuit court should not have attempted to transfer a dependency case in the first place until it made the required best-interest determination under § 63.082, Fla. Stat., but it appropriately reasserted its jurisdiction by reversing itself, the appellate court denied the birth mother's and adoption agency's petitions for certiorari.

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Evett v. State, Case No. 2D05-6118, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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