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State Courts -
Florida - February 7, 2007
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Simpson v. Estate of Norton, Nos. 3D06-971, 3D06-837, 3D06-1767,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Trial court properly determined that an estate owned personal property in the home of a decedent, as appellant failed to show that the items had been gifted to her by her grandmother, or that she had purchased the items, because no list of personal property was created following the death of appellant's grandmother.
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State v. Eddie, Nos. 3D06-568, 3D06-567, 3D06-486 & 3D06-485,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 7, 2007, Opinion Filed
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Overview: Because no written departure reasons were filed, downward departure sentence was error. Further, pursuant to Fla. R. App. P. 9.600(b), the trial court was without jurisdiction to resentence defendant because the State already had appealed the sentence and the appellate court had not issued an order permitting the trial court to proceed.
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Tunnage v. Green, No. 4D05-4228,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 7, 2007, Decided
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Overview: Trial court erred in denying a grantor summary judgment, on grounds that deeds given to the grantee could not convey title, as they were not signed by two subscribing witnesses, and equitable estoppel could not create any interest in the property. Further, an award of attorney's fees was reversed and an inconsistent verdict claim was waived.
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