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   State Courts - Florida - February 1, 2008

  
A.T.P. v. State, Case No. 2D06-4154, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Ayala v. State, Case Nos. 5D05-109, 5D05-3693, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 1, 2008, Opinion Filed
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Bailey v. State, Case No. 2D05-1697, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Everhart v. Everhart, Case No. 5D06-4315, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 1, 2008, Opinion Filed
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Overview: Because a former husband was improperly charged twice for the amount he used as a down payment on a family business, and because the former wife should not have been "credited" with payment of two debts that had been fully satisfied either by the former husband or by monies from the family business, the trial court overvalued the family business.

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Ferrentino v. State, Case No. 2D07-2148, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Overview: Because possession of a firearm by a convicted felon under ? 790.23, Fla. Stat. (1991) did not authorize imposition of a fine, and because the discretionary fine provision of ? 775.083, Fla. Stat. (1991) was not available as an additional sanction when defendant was sentenced as a habitual felony offender, imposition of a $ 50,000 fine was illegal.

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Malarkey v. State, Case No. 2D06-5240, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Maxwell v. State, Case No. 5D07-2085, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 1, 2008, Opinion Filed
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McWherter v. Smith, Case No. 2D06-3263, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Nails v. State, Case No. 5D07-2325, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 1, 2008, Opinion Filed
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Overview: After finding that defendant's attack on an habitual felony classification lacked merit, and because defendant's repeated pro se filings were clogging the already-strained judicial resources, upon his failure to show cause, the court ordered any future pleadings to be summarily denied unless filed by a member in good standing of the Florida bar.

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Rivera v. State, Case No. 2D07-246, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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