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| Lundberg v. State, No. 4D04-904,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: Defendant's convictions for attempted sexual battery and lewd and lascivious molestation were affirmed. Statements defendant made to his girlfriend were sufficiently attenuated from the initial illegality; accordingly, defendant's "fruit of the poisonous tree" argument was rejected.
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| M.E. v. Fla. Dep't of Children & Families, CASE NO. 3D05-197,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 25, 2006, Opinion Filed
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Overview: Trial court erred in terminating a mother's parental rights to her son pursuant to Fla. Stat. § 39.806, as an agency failed to show by clear and convincing evidence that the continued involvement would threaten the child, or that the mother had abandoned the child.
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| Martinez v. Lieberman, CASE NO. 3D05-1717,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 25, 2006, Opinion Filed
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| Moore v. Varnes, CASE NO. 1D05-3336,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2006, Opinion Filed
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| Paredes v. State, CASE NO. 3D05-500,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 25, 2006, Opinion Filed
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Overview: The trial court did not err in denying defendant's Fla. R. Crim. P. 3.850 motion for post-conviction relief because defendant failed to raise viable claims of Strickland ineffectiveness regarding trial counsel and numerous claims were without merit where the issues should have been raised on direct appeal and were procedurally barred.
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| Pioneer Elecs. (USA), Inc. v. Risi, No. 4D05-2096,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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| Polezoes v. Bartlett, No. 4D05-647,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: The trial court did not err in enforcing the parties' settlement agreement because the agreement did not give the tenants a reasonable time beyond 30 days to close on their purchase. It gave them only 30 days, and it used the mandatory term "shall" to make that meaning clear.
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| S.D. v. State, No. 4D04-802,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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| State Farm Mut. Auto. Ins. Co. v. Austin Outdoor, Inc., No. 4D04-4257,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: Question of material fact precluded summary judgment in favor of owners of landscaping truck that collided with injured motorist's car, where owners claimed driver was a thief, but motorist recalled driver and passenger wearing uniform of owners' business and speaking Haitian Creole, a language spoken by many of the owners' employees.
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