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State Courts -
Florida - January 23, 2008
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First Protective Ins. Co. v. Featherston, Case No. 2D06-5445,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2008, Opinion Filed
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Overview: Because an insurer was not required to plead its entitlement to costs, because § 57.041, Fla. Stat. (2005) did not mandate such as costs were generally available to any party recovering a judgment, when it failed to do so, such did not amount to a waiver of its right to file a motion seeking the same at the culmination of the action.
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Fla. Ins. Guar. Ass'n v. Soto, No. 3D07-614,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: The Florida Insurance Guaranty Association was bound to pay a car owner for attorney's fees and expenses pursuant to the terms of a settlement agreement reached by the owner and her insolvent insurer, as such was a "covered claim" under §§ 631.54(3), 631.57, and 627.428, Fla. Stat. (2001).
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Gallo v. Lamberti, No. 4D07-4171,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Overview: Upon being charged with second degree murder, because the State met its burden to foreclose bail as a matter of right to defendant, based on the evidence supporting a brutal killing of the victim with probable sexual overtones, and defendant could not support either a self-defense claim or lesser degree of murder, habeas relief was denied.
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