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State Courts -
Florida - January 30, 2008
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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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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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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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