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| Peterson v. State, Case Nos. 2D04-5383, 2D05-901 CONSOLIDATED,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 2, 2007, Opinion Filed
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Overview: Trial court had successfully retained Fla. R. Crim. P. 3.800(b)(1)(B) jurisdiction to sentence defendant a third time, and as second sentence was illegal, the third sentence, which was longer but valid under the law in effect at the time defendant committed her scheme to defraud her employer, did not constitute double jeopardy and was affirmed.
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| Shuler v. State, Case No. 5D06-1387,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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Overview: Because the trial court might have misunderstood the parameters of its discretion regarding the entry of a downward departure sentence under § 921.0026(2)(f), Fla. Stat. (2005) where the underage victim consented to sexual activity with defendant, defendant's sentence for violating § 794.05(1), Fla. Stat. (2005) was vacated.
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| Underwood v. State, Case No. 5D05-2839,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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| Vasques v. Mercury Cas. Co., Case No. 5D06-1705,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 2, 2007, Opinion Filed
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Overview: As the circuit court's affirmance of an order granting summary judgment against an innocent claimant seeking PIP benefits, departing from clearly established principles of Florida law by failing to uphold the Innocent Insured Doctrine, and disregarding the intent of the PIP statute, the claimant was granted certiorari relief quashing said order.
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| Wakulla Commer. Fishermen's Ass'n v. Fish, CASE NO. 1D06-1554,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 2, 2007, Opinion Filed
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Overview: Expert testimony that the mullet population remained healthy and had actually increased since implementation of a two-inch net mesh limitation was sufficient to establish a rational basis for the adoption Fla. Admin. Code Ann. R. 68B-4.0081 as well as two other rules adopted by the conservation commission.
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