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State Courts -
Florida - January 31, 2007
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C.K. v. Dep't of Children & Families, Nos. 4D06-3486 & 4D06-3578,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 31, 2007, Decided
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Overview: Because a father was found to be a non-offending parent in a dependency proceeding, the trial court lacked a sufficient basis for ordering the father to complete various counseling programs; however, the trial court properly required the father comply with the Interstate Compact on the Placement of Children, § 409.401, Fla. Stat.
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Dep't of Revenue ex rel. Ortega v. Ortega, No. 3D05-1037,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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Overview: Trial court lacked authority to retroactively terminate child support beyond date father filed his motion for modification. The unallocated child support obligation of $ 100 per week, by its terms, was not subject to reduction simply because one of the children attained majority, married, or died, and no petition for modification was filed.
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Explorer Ins. Co. v. Van Bockel, Case No. 2D06-1822,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 31, 2007, Opinion Filed
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Overview: Insured moved for leave to amend her complaint to add a bad faith action pursuant to § 624.155, Fla. Stat., against an insurer after jury's verdict in the underlying litigation, but never took steps to have the court hear and rule on her motion. Thus, the amended complaint was a legal nullity and the insured was not entitled to a multiplier.
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Glover v. Miller, No. 4D06-3705,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 31, 2007, Decided
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Overview: As appellee had been adjudicated a deceased child's father by a paternity judgment, and appellant, who posthumous DNA testing revealed was 99 percent likely to be child's biological father, never moved to set aside paternity judgment, appellee was properly appointed personal representative of child's estate under § 733.301(1)(b), Fla. Stat. (2006).
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