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| Alpaugh Plumbing & Supply of Tampa, Inc. v. Fee-Walters Corp., Case No. 2D06-229,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 2, 2007, Opinion Filed
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Overview: Initial judgment was nonfinal because it did not dispose of corporation's claim for lien foreclosure and thus did not dispose of all claims in the complaint. Corporation's motion for attorneys' fees was timely filed under Fla. R. Civ. P. 1.525 because it was filed within 30 days of later amended final judgment, which did dispose of lien claim.
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| Armas v. State, Case No. 2D05-4180,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 2, 2007, Opinion Filed
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Overview: Defendant's guilty plea to a first-degree felony conviction under § 817.568(2)(c), Fla. Stat. (2003) was reduced to a third degree felony because the statute did not allow the State to aggregate the dollar amounts from multiple victims, none of the separate offenses involved $ 50,000 or more, and there were only eight victims.
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| Brown v. State, Case No. 5D05-1413,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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Overview: Even taking at face value the family's testimony that the DVD's found in the probationer's bed were not his, the trial court properly found that the probationer had wilfully and substantially violated his probation by failing to dispose of them.
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| Bryan v. State, Case No. 5D05-3363,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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Overview: Because it was defendant, not a federal agent, who initiated a conversation after defendant had invoked his right to counsel which eventually led to his decision to waive his right to an attorney and give a statement to the detectives, the statement was properly allowed.
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| Dep't of Children & Families v. Gilliland, Case No. 5D06-2626,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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Overview: Although the respondent was adjudicated incompetent to proceed to trial, her commitment to the agency was improper under § 916.13(1)(c), Fla. Stat. (2006) because she suffered from a mental illness that was permanent and there was not a substantial likelihood that competency would be restored; thus, the agency was entitled to certiorari relief.
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| Frew v. State, Case No. 2D06-4957,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 2, 2007, Opinion Filed
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Overview: Discretion to dismiss successive postconviction motions under Fla. R. Crim. P. 3.850(f) did not apply under circumstances in which prior motion was summarily denied or dismissed for legal insufficiency. Because nothing suggested that appellant abused judicial procedures by adding grounds to second motion, its denial as successive was error.
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| J.A.N. v. State, Case No. 5D06-1006,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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Overview: Because a juvenile's plea agreement clearly reflected the trial court was not bound by the recommendation set forth therein, the juvenile did not have a right to withdraw his plea solely because the imposed sanctions were not consistent with his expectations.
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| McGee v. State, Case No. 2D05-5442,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 2, 2007, Opinion Filed
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Overview: Because defendant did not timely appeal the denial of a motion to withdraw a plea, in accordance with Fla. R. Crim. P. 3.170(l), the time to file an appeal under Fla. R. App. P. 9.140(b)(3) expired; therefore, the appeal was dismissed for lack of jurisdiction.
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| Mitchell v. Metro. at Lake Eola, L.L.C., Case No. 5D06-3457,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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Overview: Evidence before trial court supported lis pendens bond amount of no greater than $ 20,000 under circumstances in which, inter alia, only evidence offered of potential, prospective damages was seller's estimate of future attorney's fees, and seller offered no evidence of loss of use of proceeds from sale of the unit or probable rate of return.
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| Murphy v. Murphy, Case No. 5D05-4459,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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Overview: A father's petition did not allege the mother's increased income as grounds to reduce the father's child support, and, absent a trial transcript, the appellate court was unable to determine if this issue was tried with the consent of the parties or to find fundamental error on the face of the order.
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