Florida, February, 2008, State Case law

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State Courts - Florida - February 6, 2008

A.A. v. Dep't of Children & Families, No. 4D07-1389, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 6, 2008, Decided
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Overview: Fla. R. Juv. P. 8.500(g)(1) provided that parents could consent to termination of parental rights at any time "on the record." As mother signed a document surrendering her parental rights in open court before the trial judge, as question of voluntariness of the surrender was sufficiently addressed, second hearing on volunariness was not required.

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Ajuste v. State, No. 4D07-3223, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 6, 2008, Decided
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B.J. v. Fla. Dep't of Children & Families, Nos. 3D07-2374; 3D07-2882, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: There was insufficient evidence to warrant a determination that placement of a mother's younger daughter with the mother would endanger the safety, well-being, or physical, mental, or emotional health of the child pursuant to ? 39.521, Fla. Stat. The portion of a modification order denying the mother's motion for reunification was reversed.

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B.W. v. State, No. 3D07-872, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Barcelona v. State, No. 3D07-3207, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Boulden v. State, Case No. 2D07-521, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2008, Opinion Filed
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Brown v. McNeil, CASE NO. 1D06-1511, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2008, Opinion Filed
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Burns v. State, No. 4D07-2896, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 6, 2008, Decided
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Overview: In a case involving a rehearing motion on defendant's Fla. R. Crim. P. 3.850 postconviction relief motion, trial court erred in denying rehearing as to a facially insufficient addendum because it did not address the issue of sufficiency and erred in failing to initially deny the addendum without prejudice to file a facially sufficient amendment.

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Carone v. State, No. 4D07-835, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 6, 2008, Decided
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Overview: Trial court erred in summarily denying appellant's Fla. R. Crim. P. 3.850 motion regarding claim that trial counsel was ineffective in failing to object to special condition of probation unrelated to crime because trial court had no authority to impose special condition related to alcohol where appellant entered plea to first-degree grand theft.

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City of Coral Gables v. Coral Gables Walter F. Stathers Mem'l Lodge 7, No. 3D06-2305, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: Claim under ? 447.501(1)(a), Fla. Stat., required proof that employee's exercise of statutorily protected conduct motivated employer to make threatening decision against employee. As hearing officer found that city managers statements to union president were motivated by concerns other than protected conduct, city did not violate ? 447.501(1)(a).

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