Florida, January, 2009, State Case law

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State Courts - Florida - January 30, 2009

Hall v. Mathews, CASE NO. 1D08-5554, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 30, 2009, Opinion Filed
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Harris v. Gandy, CASE NO. 1D07-6309, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 30, 2009, Opinion Filed
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Overview: Trial court erred in granting a directed verdict for doctor and health care provider in malpractice action against them arising out of death of decedent; personal representative provided sufficient evidence from which a jury could have found that for decedent's surgery they negligently provided mask anesthesia that caused her subsequent death.

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Hernandez v. State, No. SC07-647, SUPREME COURT OF FLORIDA, January 30, 2009, Decided
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Overview: Trial court did not err in refusing to strike jury venire after juror saw defendant in shackles, as juror was excused for cause and precautions were implemented to prevent jury from seeing shackles. Expert's presence during penalty phase was harmless, as, inter alia, he did not refute factual testimony of witnesses and admitted observing testimony.

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Hoardes v. State, CASE NO. 1D07-0356, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 30, 2009, Opinion Filed
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J.L.D. v. State, Case No. 2D07-5696, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 30, 2009, Opinion Filed
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Overview: Trial court departed from a position of neutrality in attempting to elicit testimony by witnesses in support of restitution award juvenile would have to pay; however, because its conduct apparently did not increase restitution award or otherwise harm juvenile, fundamental error did not occur and the award minus unproved towing cost had to stand.

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L.B.B. v. State, Case No. 2D07-3804, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, January 30, 2009, Opinion Filed
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Overview: Marijuana evidence seized from defendant after he was arrested for failing to have a bell on his bicycle should have been suppressed; a full arrest for noncriminal infractions violated U.S. Const. amend. IV and Art. I, ? 2, Fla. Const., and the officer who arrested defendant was charged with that knowledge based on a prior supreme court ruling.

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Metro. Cas. Ins. Co. v. Tepper, No. SC07-2428, SUPREME COURT OF FLORIDA, January 30, 2009, Decided
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Overview: In review of two conflicting decisions regarding underinsured motorist carrier subrogation under ? 627.727(6)(b), Fla. Stat., Metropolitan Casualty Insurance Co. v. Tepper, 969 So. 2d 403 (Fla. 5th DCA 2007) was approved and Dominion of Canada v. State Farm Fire and Casualty Co., 754 So. 2d 852 (Fla. 2d DCA 2000) was disapproved.

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Murray v. State, No. SC03-1241, SUPREME COURT OF FLORIDA, January 30, 2009, Decided
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Overview: There was sufficient evidence to support defendant's first-degree murder conviction based on physical evidence at the scene of the crime, defendant's confession to a cellmate, his attempt to flee on two occasions, and his having been seen in the vicinity of the incident around the time of the crime.

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Petty v. State, CASE NO. 1D07-4976, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 30, 2009, Opinion Filed
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Rigterink v. State, No. SC05-2162, SUPREME COURT OF FLORIDA, January 30, 2009, Decided
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Overview: Defendant's convictions and sentences for first-degree murder were reversed, as the right-to-counsel warning he received was constitutionally deficient pursuant to the federal Fifth Amendment, and Fla. Const. art. I, ? 9, and the admission and publication of his videotaped confession was harmful error, as the tape affected the jury's decision.

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