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   State Courts - Florida - February 1, 2008

  
Robinson v. State, Case No. 5D07-3888, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 1, 2008, Opinion Filed
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Overview: Because defendant claimed that his counsel failed to filed a motion to suppress cocaine found in a car where consent was not given, the claim was not waived by his plea; therefore, the trial court erred in summarily denying defendant's Fla. R. Crim. P. 3.850 motion for postconviction relief.

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Santiago v. Sunset Cove Invs., Inc., Case No. 2D07-1598, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Stuckey v. State, Case No. 5D06-3630, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 1, 2008, Opinion Filed
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Suarez v. City of Tampa, Case No. 2D05-3869, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Overview: As property owners' inverse condemnation and trespass claims against a city, based on its dumping garbage on their land decades earlier, could have accrued no later than 14 years before they filed suit, when they demanded that the city resolve the contamination problem, their claims were time-barred by ¿ 95.11(3)(g), (p), Fla. Stat. (2002).

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TSE Indus. v. Larson & Larson, P.A., Case No. 2D07-1872, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Overview: Summary judgment award to a law firm in a legal malpractice action was reversed and remanded because the statute of limitation under ¿ 95.11(4)(a), Fla. Stat., did not begin to run until the date on which the parties filed a stipulation in the underlying action in which the law firm represented the client to dismiss the action with prejudice.

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Winthrop v. State, Case No. 2D07-1782, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2008, Opinion Filed
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Overview: Because ¿ 775.084(1)(a)(3), Fla. Stat. (1995) provided that defendant could not be sentenced as a habitual felony offender for violating ¿ 893.13, Fla. Stat., relating to the purchase or the possession of a controlled substance, the trial court erred in summarily denying his Fla. R. Crim. P. 3.800(a) motion to correct the sentence as illegal.

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