Florida, January, 2008, State Case law

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State Courts - Florida - January 30, 2008

Barrett v. Barrett, No. 4D06-4744, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: As a former trustee's motion under Fla. R. Civ. P. 1.190 to amend his answer in order to assert that a debt to the trust was discharged in bankruptcy was filed shortly before the original trial date and did not include supportive documentation, and no further efforts to document the defense were made, denial was not an abuse of discretion.

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Barrocas v. Directv, Inc., Nos. 3D06-2584 and 3D06-1856, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: Absent some evidence of negligence on the part of a satellite systems installer or his employer, or facts showing that the ladder a homeowner used to bring the installer a glass of water was defective or improperly set up to cause the homeowner to slip and fall, a final summary judgment order entered against the homeowner was upheld on appeal.

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Blackburn v. Bartsocas, Nos. 4D06-2267, 4D06-2407 & 4D06-2787, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: Because a "sweat equity" claim was limited by ? 95.11(4)(c), Fla. Stat. (2001), and as a result, was limited to two of the years claimed, the jury's verdict on an unjust enrichment claim could not be sustained. Further, the trial court erred in awarding any prejudgment interest prior to the time the verdict was rendered.

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Brooks v. Fla. Parole Comm'n, No. 4D07-4686, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Burke v. Windjammer Barefoot Cruises, No. 3D07-1240, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: Breach of fiduciary duty claim alleged in employer's complaint against former employee arose from and bore such a significant relationship to employment contract as to mandate application of the contract's arbitration clause. But, by litigating for over five months without making such a request, employer waived its right to enforce arbitration.

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Delgado v. State, No. 3D05-702, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: Due to both an error in the guidelines scoring and an invalid departure reason, which resulted in a sentence greater than allowed by law, the trial court erroneously denied defendant's Fla. R. Crim. P. 3.800(a) motion, requiring remand so that defendant could be resentenced.

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Delgado v. State, No. 3D05-675, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Feldman v. City of N. Miami, No. 3D07-1491, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Fernandez v. Barry Univ., Inc., No. 3D06-2595, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: Because dismissal of a pro se employee's amended complaint was erroneously entered, as said complaint had only been amended once by the employee while acting pro se; and the Florida Rules of Civil Procedure allowed the employee's sister to join as a plaintiff at the time an amended complaint was filed, said dismissal was reversed.

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Golden Gate Homes, L.C. v. L&G Eng'g Servs. , No. 3D07-398, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: Because a company's motion to reinstate its breach of contract and negligence action after dismissal was both untimely, if considered as a motion for rehearing, and did not meet the prerequisites for setting aside a judgment, if filed pursuant to Fla. R. Civ. P. 1.540, dismissal of said action was upheld on appeal.

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