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   State Courts - Florida - January 28, 2009

  
Delray Med. Ctr. v. State Agency for Health Care Admin., No. 4D07-3489, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Overview: Applicant's subsequent application for Certificate of Need to establish new satellite hospital was not barred by res judicata or administrative finality; competent and substantial evidence at second administrative hearing supported finding there had been substantial changes in material circumstances between initial and subsequent applications.

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Furney v. State, No. 4D08-3353, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Gibbs v. State, No. 4D08-4112, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Gonzalez v. State, Case No. 2D08-4841, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 28, 2009, Opinion Filed
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Hallock v. Holiday Isle Resort & Marina, Inc., No. 3D08-259, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 28, 2009, Opinion Filed
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Overview: Dismissal, as time-barred, of buyer's breach of contract claim in amended complaint was error because, under Fla. R. Civ. P. 1.190(c), allegations related back to original complaint, which contained a breach of contract count. That original count was dropped based on corporation's claim that it had no contractual relationship with buyer.

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Hialeah Auto., LLC v. Basulto, No. 3D07-855, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 28, 2009, Opinion Filed
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Overview: Trial court properly found that an arbitration agreement between car buyers and a car dealer was unenforceable because the agreement was unconscionable. Buyers' declaratory and injunctive relief claims for deceptive and unfair trade practices were to be resolved by the court because they were not included within an arbitration clause in a contract.

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JFK Med. Ctr. Ltd. Pship v. State, No. 4D07-3527, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Jacques v. State, No. 4D08-3973, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Jaguar Builders, Inc. v. Cue & Case Sales, Inc., CASE NO. 1D08-0405, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 28, 2009, Opinion Filed
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Johnson v. State, No. 4D08-4837, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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