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| New York Buffet, Inc. v. Certain Underwriters at Lloyd's London, No. 4D05-4103,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Trial court erroneously held that because a landlord did not qualify as a third-party beneficiary, the tenant's third party-complaint against the insurer seeking contribution towards any amount the tenant owed the landlord could not stand, as the court could have severed the third-party action to prevent prejudice to the insurer.
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| Progressive Select Ins. Co. v. Shockley, No. 4D06-4602,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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| Ramos v. State, No. 3D06-3002,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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| Rivera v. State, No. 3D06-2759,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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| Robinson v. State, No. 4D06-4059,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Because an inmate had filed at least four Fla. R. Crim. P. 3.800(a) challenges to his habitual violent felony sentence that had all been rejected as successive and repetitive, the inmate's repetitive filings were an abuse of the legal process; therefore, the inmate was prohibited from filing any future pro se pleadings challenging the sentence.
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| Rones v. Charlisa, Inc., No. 4D05-2895,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Acceleration clause in note and mortgage was not self-executing, so notice of acceleration was required. The triggering date should not have been date of default, as the trustee took no action to accelerate then. The appropriate triggering date was the date the complaint, wherein the trustee clearly elected to accelerate, was filed.
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| Ross v. State, No. 4D06-3129,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Because appellant, in his second appeal, properly and timely invoked appellate court's jurisdiction to review a new sentence imposed after appeal and remand, time under Fla. R. Crim. P. 3.850 began to run after the appellate court issued its mandate in the second appeal and the trial court struck the offending costs portion of the sentence.
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| Ruiz v. Warren Henry Autos., Inc., No. 3D06-1017,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: While an alleged lessee did not state claims sounding, inter alia, in fraudulent inducement or negligent misrepresentation, the case was remanded to permit the actual lessee of the vehicle to be joined so that appropriate claim or claims might be stated under § 501.211(2), Fla. Stat. (2005).
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| Schroeder v. State, No. 4D07-95,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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