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State Courts -
Florida - February 8, 2007
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Ruth v. State, CASE NO. 1D06-5207,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 8, 2007, Opinion Filed
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Overview: Because the use of a weapon was an essential element of armed robbery, and because defendant was not sentenced to a life felony, the trial court erred in reclassifying defendant under § 775.087(1), Fla. Stat. (2003), and in failing to sentence him as a youthful offender under § 958.04, Fla. Stat. (2003).
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Southern Baptist Hosp. of Fla., Inc. v. Ashe, CASE NO. 1D06-3202,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 8, 2007, Opinion Filed
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Overview: Involuntary commitment procedures of the Baker Act, § 394.451, Fla. Stat. (2006) et seq., did not involve the rendering of medical care or services. Thus, complaint against hospital alleging violation of Baker Act stated cause of action in ordinary negligence, not medical malpractice, and malpractice presuit notice requirements did not apply.
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