Florida, January, 2008, State Case law

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State Courts - Florida - January 25, 2008

Darling v. State, Case No. 2D07-2130, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 25, 2008, Opinion Filed
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Freeland v. Freeland, Case No. 2D07-280, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 25, 2008, Opinion Filed
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Overview: Trial court, to the extent that it denied a hearing on a husband's motion for rehearing under Fla. R. Civ. P. 1.530(a) as to the husband being required to pay an equalizing payment in a marriage dissolution, abused its discretion because the motion had sufficient merit that the court needed to conduct a hearing to consider the merits of the motion.

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Ivey v. Dep't of Children & Family Servs., Case No. 2D07-4838, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 25, 2008, Opinion Filed
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Overview: Petition for writ of habeas corpus was denied because the district court did not have authority to conduct an evidentiary hearing for a claimant asserting ineffective assistance of trial counsel as to a civil commitment proceeding under the Florida Involuntary Civil Commitment of Sexually Violent Predators Act, ?? 394.910 - 394.931, Fla. Stat.

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Jaworski v. Jaworski, Case Nos. 2D05-4717, 2D05-5277 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 25, 2008, Opinion Filed
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Overview: Because the trial court did not consider the amount of time each parent spent with the children, it incorrectly relied on the formula in ? 61.30(11)(b), Fla. Stat. (2004) in determining child support; there were no special circumstances supporting a requirement that the former husband secure his alimony obligation with a life insurance policy.

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Johnson v. State, Case No. 2D07-1058, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 25, 2008, Opinion Filed
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Overview: Because the conflict between the written and oral pronouncements of defendant's sentences was considered a potential violation of the constitutional protection against double jeopardy, the postconviction court erred in denying defendant's Fla. R. Crim. P. 3.800(a) motion to correct an illegal sentence.

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KC Leisure, Inc. v. Haber, Case No. 5D07-907, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 25, 2008, Opinion Filed
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Lusignan v. Lusignan, Case No. 5D07-279, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 25, 2008, Opinion Filed
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Maraman v. State, Case No. 2D06-3701, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 25, 2008, Opinion Filed
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Overview: Defendant, charged with second-degree murder, pled insanity. The fact that Fla. R. Crim. P. 3.216(d) did not state that her mental examination could be videotaped over the objection of examiner was not grounds to deny such taping; the State had the burden to prove grounds for excluding videographer, and failed to meet that burden.

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McNeil v. State, Case No. 2D07-4732, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 25, 2008, Opinion Filed
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Montanye v. State, Case No. 5D07-829, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 25, 2008, Opinion Filed
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