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| Orange v. State, No. 3D04-1877,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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Overview: Time limit for filing a Fla. R. Crim. P. 3.850 motion was tolled when defendant was incarcerated in Georgia. Further, defendant's absence from his Florida sentencing hearing was involuntary and did not trigger the "failure to appear" provision of his plea agreement.
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| Ostuni v. Meineke Disc. Muffler Shops, Inc., No. 4D05-2531,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 31, 2007, Decided
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Overview: To the extent that some of a personal representative's causes of action relied on the vicarious liability of those acting through agents with workers' compensation immunity, then no cause of action existed under the exclusivity provisions of § 440.11(1), Fla. Stat. (1998); thus, the trial court properly granted summary judgment to the defendants.
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| Perley v. State, No. 4D06-1398,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 31, 2007, Decided
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Overview: Because one count of escape was charged in the information, the trial court erred in allowing the State to present two separate theories of escape and in denying defendant's motion for arrest of judgment on the conviction for escape.
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| Saez v. State, No. 3D06-3094,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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| Scarlett v. Ouellette, No. 3D05-704, 3D05-116,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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Overview: Trial court properly entered judgment against a patient in her medical malpractice action, as testimony from an independent medical examiner was not a surprise which prejudiced her, photographs depicting what self-infliction looked like were properly admitted, and the testimony of the patient's expert was not improperly limited.
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| Smith v. State, No. 3D05-90,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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Overview: Trial court did not abuse discretion in denying defense counsel's peremptory challenge of prospective juror of German descent. State clearly stated it was objecting to challenge and was asking for inquiry as to reason for challenge; once given group juror was member of, defense counsel did not object to providing race-neutral reason for challenge.
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| Steelcase, Inc. v. Office Interiors of Fla., Inc., No. 3D05-1877,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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| Thermidor v. State, No. 3D06-2537,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 31, 2007, Opinion Filed
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| Travelbiz Solutions, Inc. v. Click Interconnect, Inc., No. 4D05-4332,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 31, 2007, Decided
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