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State Courts -
Florida - January 23, 2008
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Stander v. Dispoz-O-Products, Inc., No. 4D07-269,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Overview: A decedent's personal representative's negligence complaint against a shipper, attempting to hold it liable for having hired an independent contractor for shipping a product, wherein a truck driver for the independent contractor caused the decedent's death, was properly dismissed, as it only contained conclusory allegations which were insufficient.
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State v. Ramos, No. 4D06-4629,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Overview: While nine years elapsed between issuance of capias and its execution, trial court erred in dismissing grand theft charges against defendant as barred by statute of limitations in ? 775.15(2)(b), Fla. Stat.; within a month of filing of information, defendant received "other process" in form of notice of arraignment, which commenced the prosecution.
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Tobin v. A&F Eng'g, No. 3D07-994,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: Pursuant to ?? 47.011, 47.051, Fla. Stat., venue for plaintiff's fraud, conversion and breach of oral contract claims was in Palm Beach County, not Miami-Dade County. Corporate defendant's only office was in Palm Beach County, individual defendants resided in Palm Beach County, and all of the claims accrued in Palm Beach County.
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