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| State v. Scherber, Case No. 2D05-1947,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 25, 2006, Opinion Filed
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Overview: Expert testimony indicating that Florida Corrections Department would be able to supply medication for defendant's mental disorders but did not have a formal treatment program did not meet defendant's burden under Fla. Stat. § 921.0026(2)(d) to show that downward sentencing deviation was warranted.
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| Steele v. Crosby, CASE NO. 1D05-5816,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2006, Opinion Filed
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| Townsend v. State, CASE NO. 1D05-2897,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2006, Opinion Filed
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| United Am. Lien & Recovery Corp. v. Primicerio, Nos. 4D03-1566 and 4D03-4207,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: Trial court erred in ordering, inter alia, that statutory lien preparer pay attorney fees and costs to the car owner pursuant to Fla. Stat. § 559.921(1) and Fla. Stat. § 713.585(7)(d); the statutory lien preparer was not a "motor vehicle repair shop" and the truck owner was not a "lienor" entitled to seek attorney fees and costs.
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| Wagner v. State, No. 4D03-1564,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: Since defendant should have been allowed to present evidence to support his theory that his partner was not in the process of fleeing, but rather was taunting the officer to fire a fatal shot, his conviction for second degree murder was reversed and remanded for a new trial.
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| Williams v. State, CASE NO. 1D05-3779,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2006, Opinion Filed
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| Williams v. State, No. 4D05-960,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: Because defendant's Fla. R. Crim. P. 3.170(l) motion to withdraw his guilty plea made no factual allegations of "coercion" that were not completely refuted by the sworn plea colloquy, the trial court properly denied the motion without an evidentiary hearing.
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| Willis v. Red Reef, Inc., Nos. 4D04-1924 and 4D04-2013,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 25, 2006, Decided
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Overview: Although defendants violated the Florida Fraudulent Transfer Act by fraudulently diverting the proceeds of the sale of their company's property to their own personal accounts, their conduct did not give rise to an equitable lien on homestead property. Fla. Const. art. X, § 4, exempted defendants' homestead from imposition of the equitable lien.
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| Wilsey v. State, CASE NO. 1D05-5274,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 25, 2006, Opinion Filed
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