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   State Courts - Florida - January 20, 2006

  
Price v. Virden, Case No. 5D05-1782, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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Richardson v. State, Case No. 5D05-1868, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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Overview: Dismissal of a prisoner's petition for habeas corpus was the appropriate disposition because the issue of mental incompetence should have been raised in his prior appeal rather than in his petition for habeas corpus and his claims did not comply with the requirements of Fla. R. Crim. P. 3.850.

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Robinson v. State, Case No. 2D03-2460, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Overview: The trial court erred in denying defendant's motion to vacate the judgment and sentence regarding his convictions for sexual battery and lewd and lascivious molestation in violation of Fla. Stat. §§ 794.011(5) and 800.04(5) because the convictions violated double jeopardy where they were based on the same sexual act.

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Russell v. State, Case No. 5D05-2630, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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Overview: Since the hearsay statements of the battery victim that defendant had hit her, coupled with the officer's observation of the injury, were sufficient to prove a probation violation, defendant's probation was properly revoked.

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Sullivan v. Fla. Parole Comm'n, Case No. 2D05-919, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Twin City Fire Ins. Co. v. Jones, Case No. 5D04-3885, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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Overview: Where an insured entered into a settlement with an owner and driver of a vehicle that had collided with her car, wherein she released them from all further liability arising from the accident, they could not avoid liability against the subrogation claims of an insurer, as they knew of the insurer's perfected subrogation rights prior to the release.

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Wachovia Secs., LLC v. Vogel, Case No. 2D05-164, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 20, 2006, Opinion Filed
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Overview: Since it was conceivable that the arbitrators found the investors' evidence unpersuasive or that the panel might have merely made an error in applying Fla. Stat. § 517.301 to the facts before it, there was no showing that the panel demonstrated a manifest disregard of the law. Thus, the arbitration award should not have been vacated.

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Welsh v. State, Case No. 5D05-863, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 20, 2006, Opinion Filed
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Overview: Where a trial court's decision to deny disclosure of grand jury transcripts to defendant was clearly not an abuse of discretion, whether it was right or wrong was not specifically determined, although on appeal, it appeared that the trial court's decision that the requisite particularized showing was not made was correct.

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Wiggins v. Fla. Dep't of Children & Families, CASE NO. 1D04-580, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 20, 2006, Opinion Filed
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Wiley v. State, CASE NO. 1D05-2940, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 20, 2006, Opinion Filed
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