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   State Courts - Florida - January 23, 2008

  
Reich v. Dep't of Health, Bd of Medicine, No. 4D06-4019, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Reid v. State, No. 4D06-3745, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Roberson v. St. Johns County Sch. Bd., CASE NO. 1D06-5839, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 23, 2008, Opinion Filed
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Overview: Employer/carrier (E/C) was estopped from asserting a statute of limitations defense to a workers' compensation claimant's petition for benefits (PFB) because the E/C failed to inform the claimant that her 0% impairment rating had changed to 10%, and based on the original rating, the claimant chose to forego filing the PFB.

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Robinson v. State, Case No. 2D06-2351, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2008, Opinion Filed
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Rodriguez v. Lagomasino, No. 3D06-1956, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: As a trial court erred in denying a motorist's motion to strike two jurors for cause in the motorist's personal injury action against a driver, arising from a vehicle collision, a new trial was required; in response to additional questioning on certain issues, the jurors did not appear rehabilitated.

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Ross v. State, Case No. 2D06-1350, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2008, Opinion Filed
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Overview: Trial court did not reversibly err in admitting: the victim's identification testimony through the testifying detective, as said admission came with the indicia of reliability similar to that contemplated by § 90.801(2)(c), Fla. Stat. (2004); and prior inconsistent statements by defendant's cohorts, as such rebutted an implication of fabrication.

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Royal Caribbean Cruises, Ltd. v. Cox, No. 3D07-1515, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Shocki v. Aresty, No. 3D07-1134, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: Although townhome neighbors were involved in friction that resulted in various incidents, a trial court's issuance of a final injunction for protection against repeat violence, based on §§ 784.046 and 784.048, Fla. Stat. (2007), was error, as the trial court considered additional unpled incidents in one party's closing arguments.

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Smith v. State, No. 4D07-4152, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Overview: Because the trial court did not have jurisdiction more than three years after the original adjudication to withhold adjudication, and because defendant did not qualify for a withhold of adjudication, his Fla. R. Crim. P. 3.800(a) motion for postconviction relief was properly denied.

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Smith v. State, No. 3D07-1957, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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