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| Mailloux v. Briella Townhomes, LLC, No. 4D08-430,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 4, 2009, Decided
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Overview: Under 15 U.S.C.S. § 1702(a)(2), developer was not required to provide condominium buyers with printed property report as purchase contract obligated developer to erect building within two years, and under both 61 Fed. Reg. 13596 and Florida contract law, fact contract included defenses to contractual nonperformance did not render contract illusory.
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| Marbella Park Homeowners' Ass'n v. Guar. Mgmt. Serv., No. 3D08-1028,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 4, 2009, Opinion Filed
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| Martinez v. State, No. 3D08-2613,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 4, 2009, Opinion Filed
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| O'Neill v. State, Case No. 2D07-5641,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 4, 2009, Opinion Filed
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| Paul v. State, No. 4D08-4314,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 4, 2009, Decided
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Overview: Evidentiary hearing should have been conducted on inmate's Fla. R. Crim. P. 3.850 ineffective assistance of counsel claim; the claim was facially sufficient in that it set out the identities of witnesses counsel failed to contact as well as the nature of the testimony counsel could have elicited from them to support inmate's burglary defense.
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| Perez-Kahn v. State, No. 3D06-847,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 4, 2009, Opinion Filed
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| Ramirez v. State, No. 4D07-4764,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 4, 2009, Decided
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Overview: State impermissibly shifted burden of proof and defendant's conviction for battery on a law enforcement officer was reversed because prosecutor's cross examination of defendant and closing argument to jury focused on defendant's failure to produce photos or a doctor's report to substantiate her claim of injury. The error was not harmless.
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| Robinson v. Jones, No. 4D08-156,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 4, 2009, Decided
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| Senior Care Group, Inc. v. Estate of Fischer, Case No. 2D08-4788,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 4, 2009, Opinion Filed
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