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| Dalzell v. State, Case No. 5D05-3768,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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Overview: An appellate court granted defendant's petition under Fla. R. App. P. 9.141(c)(5)(D) for a belated appeal of his criminal conviction and sentence, as he requested his counsel to file the notice but counsel failed to do so; the petition was legally sufficient and the State failed to dispute any allegations therein.
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| E.D. v. Dep't of Children & Family Servs. (In the Interest of M.D.), Case No. 2D05-1049,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Overview: Pursuant to Fla. Stat. § 39.622(4), mother, whose parental rights had not been terminated, had the right to seek custody of her children when father died by petitioning for the return of the children and establishing that the return of the children would be in their best interests, although mother had not filed such a motion to establish custody.
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| Fasanaro v. First Nat'l Bank, Case No. 5D04-3679,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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Overview: Even if loan histories and payment records from a predecessor mortgagee were improperly admitted in a foreclosure action by the current mortgagee without establishment of the reliability thereof, such would have been harmless error because the amount of the mortgage and the principle due were not disputed issues.
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| Gargano v. Lee County Bd. of County Comm'rs, Case No. 2D04-4799,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Overview: A county resident had standing to assert claims against a county commission, based on the reasonableness of user fees charged for a county bridge, and the trial court had subject matter jurisdiction to review the reasonableness of the fees pursuant to Fla. Const. art. V, § 20(i) and Fla. Stat. chs. 26.012(2)(e) and 338.165 (2004)
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| Hargraves v. State, Case No. 5D05-3433,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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| Hoffman v. Duke, Case No. 2D04-3970,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Decided , January 20, 2006, Opinion Filed
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Overview: Where a person subject to a protective injunction failed to appeal any substantive rulings of a trial court, an appeal of a denial of a motion for rehearing was subject to denial because there was really nothing to review.
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| Izquierdo v. Hillsborough County Sch. Bd., Case No. 2D04-5372,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Overview: The trial court erred in dismissing the parents' lawsuit for failure to prosecute because the record was insufficient to establish when and how certain pleadings were served, and the parents should have had the opportunity to establish good cause at an evidentiary hearing.
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| JLA Inv. Corp. v. Colony Ins. Co., Case No. 2D04-2110,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Overview: Attorney had right to retaining lien on all of client's property held by the attorney, including money collected for client. While law firm did not have charging lien on funds transferred to its trust account to settle its former client's insurance claim dispute, the law firm was allowed to impose a retaining lien on those funds for its fees.
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| Johnson v. Crosby, Case No. 2D05-4199,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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