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| Flynn v. State, Case No. 2D05-5,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Although the evidence was sufficient to support defendant's conviction on an aggravated battery with great bodily harm charge, his conviction was reversed because the trial court's instruction on aggravated battery constituted fundamental error as it improperly included the forcible felony exception.
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| Gonse v. State, Case No. 2D05-5005,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: It was error for the trial court to impose a fine exceeding $ 5000 because the only authority for a fine for a fourth or subsequent DUI offense came from § 316.193(2)(b)(3), Fla. Stat. which referred to the imposition of fines under § 775.083, Fla. Stat. There was no authority authorizing an additional fine for a fourth or subsequent DUI offense.
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| Goswami v. Lennox Indus., CASE NO. 1D05-5166,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Overview: It was clear that an ambiguity existed within the contracts that precluded a summary judgment, because the purchaser assumed all liabilities relating to the patents for the system, which consisted of the royalty payments, and yet, there were contrary provisions. Such conflicts could not be decided by summary judgment.
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| Greer v. State, Case No. 5D06-396,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 26, 2007, Opinion Filed
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| Hernandez v. State, Case No. 2D05-4048,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 26, 2007, Opinion Filed
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Overview: Trial court erred in admitting defendant's statements into evidence under § 92.565, Fla. Stat., without making specific findings of fact. Trial court erred in permitted nurse to testify about statements made by child and parents, as statements, made to nurse who worked with law enforcement and who gave information to prosecutor, were testimonial.
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| Johnson v. State, Case No. 5D05-4195,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 26, 2007, Opinion Filed
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Overview: Defendant should have been allowed to withdraw his no contest plea. His testimony that he was not informed before entering the plea that the conviction could be used to impeach him if he testified in his pending murder case was unrefuted, and this met the "good cause" test for a pre-sentence plea withdrawal under Fla. R. Crim. P. 3.170(f).
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| Leon County v. Stephen S. Dobson, III, P.A., CASE NO. 1D05-4326,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Overview: Because a trial court found a county commissioner's actions arose out of his official duties while he served a public purpose, and the appellate court did not disagree, the common law entitled the county commissioner to have his legal fees for his defense reimbursed by the public.
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| Lowery v. McDonough, CASE NO. 1D04-5561,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Overview: Because department showed to the trial court that a review had been conducted and 20 days of incentive gain time had been retroactively awarded to the inmate for the month in question, there was no reversible error in the trial court's dismissal of the inmate's appeal of the department's earlier decision which declined to award the gain time.
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| Maloy v. Bd. of County Comm'rs, CASE NO. 1D05-4445,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 26, 2007, Opinion Filed
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Overview: Trial court's denial of a commissioner's request for reimbursement of legal fees from a board of county commissioners was affirmed because, although sovereign immunity did not bar his claims, an underlying ethics proceeding against him did not arise out of and in the course of his employment with the board while he served a public purpose.
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