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State Courts -
Florida - February 1, 2008
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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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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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