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| A.G. v. Dep't of Children & Family Servs., Case No. 2D05-2809,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 27, 2006, Opinion Filed
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Overview: The mother's appeal of the termination of her parental rights was dismissed because the termination of the prospective fathers' rights mooted the issues the mother had raised in the appeal; the issues raised by the mother "ceased to exist," and reversal and remand to the trial court would have no practical effect.
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| Barber v. State, Case No. 2D05-3273,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 27, 2006, Opinion Filed
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Overview: Petitioner was granted permission to file a belated appeal allowing him to assert ineffective assistance of appellate counsel in violation of Fla. Const. art. I, § 16; appellate counsel should have, but did not, allege that his convictions for theft and dealing in stolen property could not both stand since only one course of conduct was involved.
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| Eccles v. Nelson, Case No. 5D05-3423,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 27, 2006, Opinion Filed
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Overview: Attorney who prepared and notarized a will was properly disqualified under Fla. R. Bar 4-3.7 because his testimony on issues such as mental incapacity, undue influence, and genuineness of the testator's signature were central to the dispute; disqualification under the rule did not violate the client's U.S. Const. amend. I right of association.
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| Grubb v. State, Case No. 5D05-606,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 27, 2006, Opinion Filed
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Overview: Because the appellate court found defendant's procedural due process rights were adequately protected when she raised her concerns in her timely Fla. R. Crim. P. 3.800(b) motion, it affirmed an order placing her on probation.
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| Hamilton v. Hamilton, Case No. 2D04-1105,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 27, 2006, Opinion Filed
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Overview: Trial court abused its discretion in placing primary residential responsibility of a child with a wife rather than the husband, as there was no logic or justification for that placement under the factors of Fla. Stat. § 61.13(3) (2003); the husband had proven himself a competent caretaker and the wife was a recovering alcoholic who had relapsed.
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| Hart v. City of Groveland, Case No. 5D05-2745,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 27, 2006, Opinion Filed
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Overview: Recovery of statutory entitlement to attorney fees and costs under Fla. Stat. ch. 171.081 was not precluded by fact that people other than petitioner paid them; court ordered parties to negotiate award amount, which was excusable neglect under Fla. R. Civ. P. 1.090(b) for extension of 30-day period to move for fees under Fla. R. Civ. P. 1.525.
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| Hicks v. State, Case No. 2D04-2640,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 27, 2006, Opinion Filed
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Overview: A trial court properly denied suppression of evidence from a laptop computer that was found in defendant's car, as defendant did not show that he had a reasonable expectation of privacy in the stolen laptop; accordingly, there was no showing that his Fourth Amendment rights were violated.
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| Pixton v. Williams Scotsman, Inc., CASE NO. 5D05-202,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 27, 2006, Opinion Filed
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Overview: Dismissal of negligence complaint as sanction for attorney's misconduct and misrepresentations was improper without consideration of Kozel factors to determine if couple's possible complicity or involvement in counsel's claims regarding attempted service and regarding alleged agreement to extend time for service under Fla. R. Civ. P. 1.070(j).
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| Rutherford v. State, No. SC06-18,
SUPREME COURT OF FLORIDA, January 27, 2006, Decided
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Overview: An inmate's claim that the Florida process of execution by lethal injection was unconstitutional under the First and Eighth Amendments lacked merit, as there was no evidence that the administration of drugs that made the inmate unconscious and thereafter unable to communicate was done improperly.
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