Florida, January, 2008, State Case law

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State Courts - Florida - January 23, 2008

In re Petition of Doe, Case No. 2D07-5975, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2008, Opinion Filed
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Overview: Because the appellate court was evenly divided on the disposition of a minor's motion for a waiver of the parental notice of the termination of her pregnancy, pursuant to Fla. R. App. P. 9.331(a), a panel decision denying the motion stood, and the motion for rehearing en banc was denied.

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Jenkins v. Lennar Corp., No. 3D07-1858, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: Summary judgment in favor of defendants in mortgagor's third attempt to relitigate a final judgment of foreclosure was proper as each of mortgagor's claims--that she was improperly evicted, that a corporation filed a fraudulent IRS form 1099, and that a clerk of the court made erroneous docket entry--were barred under the doctrine of res judicata.

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Kapila v. At&T Wireless Servs., No. 3D06-2462, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: An award of attorney's fees to a wireless telephone service for its defense of state antitrust claims that had been dropped by a trustee for a dealer of the service was error where other claims remained pending, such that it was unclear which would be the "substantially prevailing party" under the parties' agreement for purposes of fee recovery.

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Lake v. State, No. 3D06-1762, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Larrain v. Bengal Motor Co. Ltd., No. 3D07-132, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Leyva v. State, No. 3D05-1641, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Lloyd's Underwriters at London v. El-Ad Villagio Condo. Ass'n, No. 4D07-3876, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Logreira v. State, No. 3D07-2911, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Malone v. State, No. 4D07-1113, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Overview: Defendant's attempt at a direct appeal of her sentence on a grand theft conviction failed; direct appeals of sentences were limited by ? 921.002(1)(h), Fla. Stat., there was no case law support for the direct appeal, and the appellate court found no constitutional violation that would make defendant's sentence appealable.

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Mason v. State, No. 3D07-1529, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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