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   State Courts - Florida - February 7, 2007

  
J.A. v. Heart of Adoptions, Inc. (In the Interest of Baby H.), Case No. 2D05-5058, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 7, 2007, Opinion Filed
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Overview: Although a biological father's failed to meet the requirement of § 63.062(2), Fla. Stat. (2004) for the filing of a notarized claim of paternity, it was fundamental error for the trial court to base the termination of his parental rights on the failure to file a claim of paternity.

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Jordan v. State, No. 3D06-1975, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Summary denial of Fla. R. Crim. P. 3.853 motion for DNA testing was improper because post-conviction record did not conclusively demonstrate that appellant was not entitled to relief. State's assertion that the evidence was no longer in its possession and could not be found may not have been summarily resolved and required evidentiary hearing.

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Larsen v. Larsen, No. 4D06-1057, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Because there was no evidence that a former husband had the ability to pay the full amount of previously ordered support and arrearages and willfully refused to pay the same, the trial court abused its discretion under Fla. Fam. L.R.P. 12.615(d)(1) in finding the former husband in contempt.

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Louis v. State, No. 4D06-3181, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Mazza v. State, No. 4D05-2000, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Trial court did not err in denying defendant's Fla. R. Crim. P. 3.800(b)(2) motion to correct his sentence, as he was not entitled to jail-time credit for time spent on the functional equivalent of probation as a remedy for the trial court's improper deferral of his sentencing, given that such was not the functional equivalent to incarceration.

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McGee v. State, No. 4D06-1286, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Appellant's claim, which was not conclusively refuted on the record, provided a reasonable probability that, absent counsel's ineffectiveness in not requesting an "afterthought" instruction, there would have been reasonable doubt respecting appellant's guilt of robbery. Summary denial of appellant's Fla. R. Crim. P. 3.850 motion was error.

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McGrath v. Ward N. Am., Inc., No. 3D06-542, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Miami-Dade County v. Fente, No. 3D06-2111, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Trial court erred in denying a county's motion to dismiss respondents' negligence action, because the county's sovereign immunity was not waived pursuant to § 768.28, Fla. Stat. (2006), as a police officer's alleged failure to detect a burglary in respondents' home involved a duty owed to the public at large and to no single individual.

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Mills v. Mills, No. 3D03-3212, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Upon remand, the trial court erred in determining a former husband's obligation to pay alimony to his former wife pursuant to § 61.08(2), Fla. Stat. (2002), because the successor trial court misinterpreted the appellate court's opinion, and improperly considered various liabilities in determining the former husband's ability to pay alimony.

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Moss v. Kountry Kitchen of Key Largo, Inc., No. 3D06-397, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Trial court's departure from standard jury instruction on negligence without stating on record a legal reason for doing so was erroneous. Further, the evidence raised issues other than those involving the negligence of an employee alone. The facts supported giving the standard jury instruction for the jury to properly resolve the issues.

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