Florida, January, 2008, State Case law

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State Courts - Florida - January 23, 2008

A.C. v. State, No. 3D07-1467, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Bailey v. Coats, Case No. 2D07-1243, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2008, Opinion Filed
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Barnes v. State, No. 3D05-2344, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: A trial court committed fundamental error when it instructed the jury on the forcible felony exception to self-defense pursuant to ? 776.041(1), Fla. Stat. (2003), as such was not applicable and it negated defendant's sole defense to the charged offense; defendant was deprived of his right to due process and to a fair trial.

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Briceno v. Bryden Invs., Ltd., No. 3D07-1948, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: Trial court's denial of an investor's motion for a temporary injunction against an investment broker with respect to interest proceeds that accrued in an account was proper, as the interest was not part of the res of the constructive trust that was sought; as an injunction was not granted, reasons under Fla. R. Civ. P. 1.610(c) were not required.

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Brooks v. State, No. 4D07-3737, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Bryan v. State, CASE NO. 1D07-2407, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 23, 2008, Opinion Filed
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Carr v. State, No. 3D07-3083, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Churchville v. GACS Inc., CASE NO. 1D04-2631, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 23, 2008, Opinion Filed
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Overview: Because the term "affiliate," as used in a settlement and release agreement related to a husband's work-related injury was unambiguous, and the language of said release applied to a tort claim arising out of the husband's employment, the trial court properly entered summary judgment against the husband and his wife in said tort action.

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City of Miami v. Wellman, No. 3D01-3050, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Donovan v. Broward County Bd. of Comm'rs, No. 4D07-52, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Overview: A county's policy of foreclosing otherwise available internal remedies when an employee filed a charge of discrimination with various administrative agencies was an adverse employment action that constituted retaliation under ?? 760.10(7) and 760.11, Fla. Stat. (2007); the employee's retaliation complaint was improperly dismissed.

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