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State Courts -
Florida - January 26, 2007
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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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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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