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   State Courts - Florida - January 30, 2008

  
Nolan v. Nolan, No. 4D06-2665, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: Because an award of the home furnishings to the husband would result in an unequal division without justification, and because it was apparent that the trial court did not intend an unequal distribution of assets, the trial court abused its discretion in § 61.075(1), Fla. Stat. (2006) by awarding the furnishings solely to the husband.

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Pagonico v. Bye, No. 4D07-1390, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Piacitelli v. State, No. 4D06-3562, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Prince v. State, No. 4D07-4818, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Real Invs., LLC v. Oaks Group, Inc., No. 4D06-2124, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: Although the trial court did not explain how it calculated the amount of a lis pendens bond, because the seller would suffer substantially more in damages, and because the purchaser failed to demonstrate that the amount was not supported by competent substantial evidence, the purchaser was not entitled to certiorari relief.

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S.S. v. State, No. 3D06-3083, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Segura v. State, No. 4D06-3642, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: Second-degree murder conviction, and resulting sentence, were upheld on appeal, as the admission of gruesome photographs and an officer's testimony on blood stain evidence was proper, and no confusion resulted from the trial court instructing the jury on both a duty to retreat and an absence of that duty.

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Shaffer v. Shaffer, No. 4D07-610, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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State v. Greaux, No. 4D07-1662, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: Trial court erred in entering a sua sponte order dismissing the domestic violence charges that were pending against defendant. The prosecutor had sole discretion regarding the dismissal of charges and the fact that the victim no longer wished to prosecute did not affect the prosecutor's discretion.

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Stephenson v. State, No. 3D07-2196, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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