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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. Hollingshead, No. 3D06-2103,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: Evidence seized from car was improperly suppressed as car was properly searched under automobile exception to the Fourth Amendment; detective had probable cause to believe crime of carrying concealed weapon had been committed and that weapon would be found within the car where detective saw defendant place it after removing it from his waistband.
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| State v. Rambaran, No. 3D06-2400,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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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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| Tucker v. State, No. 4D06-3238,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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Overview: As defendant's theory of innocence was that all the shots he fired at intended victim were fired in self-defense, the only forcible felony involved was the charged attempted first degree murder offense, and therefore, inclusion of the forcible felony exception in the self-defense instruction given to the jury was fundamental error.
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| Washington v. State, No. 3D05-1771,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 23, 2008, Opinion Filed
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Overview: Trial court did not err in allowing a victim's hearsay testimony in support of its final order of commitment against defendant under the Jimmy Ryce Act, as said testimony was was sufficiently reliable hearsay and did not violate defendant's due process or equal protection rights, or his constitutional right to confrontation.
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| Weaver v. Hotchkiss, Case No. 2D07-1856,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 23, 2008, Opinion Filed
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Overview: Because the circuit court inexplicably erred in concluding that it lacked jurisdiction to consider and determine a husband's motion to enforce an award of tangible personal property in a final judgment dissolving the parties' marriage, its order denying said motion was reversed.
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| Wedgewood Holdings, Inc. v. Wilpon, No. 4D07-1731,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 23, 2008, Decided
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