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   State Courts - Florida - January 25, 2006

  
BMS Enters., LLC v. City of Fort Lauderdale, No. 4D04-4543, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: Two orders issued by the circuit court reviewing by certiorari a city's refusal to approve plans to build a self-storage facility on commercial property near a railroad were quashed; the circuit court erred in finding that the city had the discretion to deny an application to build a self-storage facility within 60 feet of a railroad right-of-way.

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Batten v. State, CASE NO. 1D05-5824, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2006, Opinion Filed
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Caroline St. Ptnrs, LLC v. Bowers, CASE NO.: 3D05-2238 CONSOLIDATED: 3D05-2237, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 25, 2006, Decided
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Carter v. State, No. 4D05-4447, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Carver v. Niedermayer, No. 4D04-2381, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: Trial court abused its discretion in limiting counsel's questioning of prospective jurors to a total of 30 minutes because there was no showing that counsel's questioning during time allotted was repetitive or cumulative, and the trial court's limitation operated to deprive counsel of a fair opportunity to identify prospective jurors for challenge.

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Colucci v. Kar Kare Auto. Group, Inc., Nos. 4D05-1759 & 4D05-2148, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: A corporation did not have a legitimate business interest upon which to base a valid covenant not to compete as no Florida customers were included on the customer list purchased under the agreement. Because there was no valid covenant not to compete, the corporation could not prove the necessary elements of a temporary injunction.

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Cooper v. State, No. 4D05-3860, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Craig v. State, CASE NO. 3D04-125, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 25, 2006, Opinion Filed
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Delgado v. State, CASE NO. 3D04-522, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 25, 2006, Opinion Filed
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Evans v. Tradestation Group, Inc., No. 4D04-3287, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: The trial court erred in granting the former employer's motion for summary judgment because the issue of whether the former employee was entitled to be paid for not competing could not be properly resolved by summary judgment where the parties' contract did not preclude the employee from being paid to work for a company he formed.

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