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   State Courts - Florida - January 30, 2008

  
Kablitz v. State, No. 4D06-4482, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: While defendant's convictions were affirmed on appeal, given that a joinder issue amounted to harmless error, and a new trial was properly denied, remand was ordered, as an issue remained as to the amount of jail credit defendant was entitled to.

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Krilich v. Thomas, No. 4D07-1260, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Kumarsingh v. PV Holding Corp., No. 3D06-2791, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: Because a husband and wife filed their vicarious liability action against the auto lessors after the effective date of 49 U.S.C.S. ? 30106, which abrogated 324.021(9)(b)(2), Fla. Stat. (2005), Florida's statute governing vicarious liability of auto lessors, the lessors were properly granted summary judgment as to the issue of liability.

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L.O.J. v. Fla., No. 4D07-248, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: As an order adjudicating a juvenile on charges alleging grand theft and dealing in stolen property violated ? 812.025, Fla. Stat (2006), said order was reversed. Further, the juvenile qualified for habitual designation under ? 985.47(1), Fla. Stat. (2006), and no error resulted from the trial court's failure to limit jurisdiction until age 19.

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Leon Med. Ctrs., Inc. v. Martell, Nos. 3D07-96 & 3D06-3099, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: A trial court erred in compelling arbitration under ? 44.104, Fla. Stat., and in ruling that ? 766.207, Fla. Stat. (2004) was inapplicable in a medical negligence action, as the medical parties had clearly offered to arbitrate the issue of damages under Fla. Stat. Chapter 766; accordingly, the liability limitations contained therein applied.

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Lopez v. Forfeiture of $ 300,450.00, No. 3D07-2060, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Martin v. Hialeah Hous. Auth., No. 3D07-2959, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: Because a tenant's motion for review was timely filed under Fla. R. App. P. 9.400(c), and because Rule 9.400(a) authorized proceedings to determine appellate costs after an appellate mandate had issued, the appellate division erred in denying the tenant's motion for review for lack of jurisdiction; therefore, the tenant was mandamus relief.

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Moore v. State, No. 4D07-4417, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Myles v. State, No. 3D06-2006, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Nasser v. Nasser, No. 4D07-389, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: Because an appellee had a right to investigate issues regarding a decedent's testamentary capacity, and because a personal representative failed to show that the requested deposition costs were reasonably necessary, the court properly denied the personal representative's motion for the fees under ? 57.105, Fla. Stat., and costs.

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