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| Bernier v. State, Case No. 2D06-775,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 7, 2007, Opinion Filed
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Overview: Although it was error to find that a probationer had violated his probation when the probationer had nine months remaining in which to successfully complete anger management classes, the record was clear that the trial court would have revoked the probation based solely because the probationer moved with the consent of his probation officer.
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| Broward County v. Recupero, No. 4D05-4482,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Trial court abused its discretion by ordering a county to enter into a subordination agreement and by declaring its code enforcement liens satisfied, as such eliminated the county's valuable rights of priority and lien foreclosure, especially absent any finding of willfulness, contumaciousness, or deliberate disregard on the county's part.
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| Bush v. State, No. 4D06-2811,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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| Cadet v. State, No. 4D06-980,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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| Campbell v. State, No. 3D05-2534,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Objection to admission of paper printout of pages on DOC website relating to defendant should have been sustained. Computer printouts were admissible if custodian or other qualified witness was available to testify as to preparation, reliability, and trustworthiness of product. Printouts were not self authenticating under § 90.902(4), Fla. Stat.
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| Carswell v. State, No. 4D05-4707,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Trial court did not violated defendant's double jeopardy rights under either Fifth Amendment or under Art. I, § 9, Fla. Const. in resentencing him upon remand of his case from a successful State appeal; to hold otherwise would have improperly precluded State from appealing trial court's ruling granting defendant's motion for arrest of judgment.
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| Colon v. State, No. 3D06-2506,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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| Consol. Res. Health Care Fund I, Ltd. v. Ruffini, No. 4D06-3967,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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| DaimlerChrysler Corp. v. Hurst, No. 3D06-2593,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Retroactive application of § 774.204(3), Fla. Stat., requiring a "prima facie" showing for certain asbestos claims, did not divest a personal representative of a substantive vested right. Therefore, retroactive application was constitutionally permissible. Trial court erred in denying a motion to dismiss the personal representative's claim.
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