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| J.C. v. Dep't of Children & Family Servs. (In the Interest of L.C.), Case No. 2D06-219,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 31, 2007, Opinion Filed
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Overview: Because evidence was lacking to support a claim that a father committed an act of domestic violence in the presence of his two children, and a finding that he posed a risk of abuse or neglect of said children in the future was speculative, a dependency finding involving the children was reversed on sufficiency grounds.
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| Kaigler v. State, Case No. 2D04-5520,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 31, 2007, Opinion Filed
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| Keys v. State, Case No. 2D05-2012,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 31, 2007, Opinion Filed
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Overview: While reasonable persons could conclude that defendant had the intent to gain entry into a home, and fresh pry marks were evidence of an overt act to gain entry, a possession of burglary tools conviction was upheld. But, because attempted trespass could not be considered a permissive lesser-included offense, a trespass conviction was reversed.
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| L.R. v. Dep't of Children & Family Servs. (In the Interest of L.C.), Case No. 2D06-43,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 31, 2007, Opinion Filed
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Overview: Because the evidence presented to support a claim that a mother's children were at a substantial risk or imminent threat of harm or abuse or neglect from domestic violence, her failure to protect them, and her drug abuse was either remote in time or insufficient, a dependency adjudication was reversed.
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| Laroche v. Nehama, No. 3D06-1367,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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Overview: Because an optionee's counterclaim stated a fair nexus between the optionee's claimed legal equitable ownership of the property and his claim for specific performance, he was entitled to maintain a lis pendens on the owner's property as a matter of right; consequently, the trial court properly denied the owner's motion to dissolve the lis pendens.
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| M.M. v. Dep't of Children & Families, No. 4D06-1758,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 31, 2007, Filed
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Overview: Because a dependency case was based solely on domestic acts involving violence, or the threat of violence, committed outside of the presence of the child, and because the mother successfully prevented the father from having any contact with the child, the trial court erred in finding the child dependent under § 39.01(30), (45), Fla. Stat.
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| Martinez v. Giacobbe, No. 3D04-583,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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Overview: Although attorney's fees were properly awarded under Fla. R. Civ. P. 1.525 as to post-foreclosure work performed in a state court, the trial court erred in awarding attorney's fees for the work performed in the bankruptcy court, as the bankruptcy court was to determine the attorney fees to be awarded in that action.
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| Merrigan v. Merrigan, Case No. 2D05-5178,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 31, 2007, Opinion Filed
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Overview: Among other things, a notice of final hearing failed to comply with Fla. Fam. L.R.P. 12.440(a) for setting a trial or final hearing. This alone merited reversal. It also appeared that the matter was not ready for a trial given the lack of appropriate financial information and the trial court's attempt to defer a final decision on custody.
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| Morin v. State, Case No. 2D06-3490,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 31, 2007, Opinion Filed
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Overview: Order denying claim two in a motion for postconviction relief was reversed, as the court erred in finding that said claim was related to the ineffective assistance of counsel, but defendant presented sufficient evidence to raise a question regarding the erroneous imposition of a minimum mandatory sentence under § 775.087(2), Fla. Stat. (2002).
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