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   State Courts - Florida - February 1, 2006

  
Palmer v. State, CASE NO. 3D04-2244, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 1, 2006, Opinion Filed
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Porter v. State, CASE NO. 3D05-2603, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 1, 2006, Opinion Filed
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Randall v. State, No. 4D04-3711, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 1, 2006, Decided
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Overview: Victim's testimony that defendant merely stated that he wanted to lick her genital area was not an act of solicitation. Thus, pursuant to Fla. Stat. §§ 777.04(2), and 800.04(6)(a) and (b), the State, as a matter of law, failed to elicit sufficient competent evidence to sustain his conviction for lewd or lascivious conduct by way of solicitation.

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Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc., CASE NO. 3D05-243, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 1, 2006, Opinion Filed
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Overview: In an apparel business's breach of fiduciary duty and fraud in the inducement action against its supplier, the trial court did not abuse its discretion in excluding the testimony of the business's expert witness on damages as the expert relied on speculative information and used an incorrect date in determining the market value of the business.

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Tittsworth v. Unemployment Appeals Comm'n, No. 4D04-3888, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 1, 2006, Decided
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Overview: Although family emergency exception to Fla. Stat. § 443.101(1)(a) could apply in appropriate cases, it did not prevent finding of ineligibility where employee failed to establish that she requested permission before leaving to care for a sick relative.

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Ulcena v. State, No. 4D05-4094, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 1, 2006, Decided
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Overview: Denial of appellant's Fla. R. Crim. P. 3.850 motion based on newly discovered evidence was affirmed, as the court could conceive of no circumstances under which Roberts v. State could be the basis of such a claim, and the decision was not retroactive.

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Valley v. State, No. 4D04-1711, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 1, 2006, Decided
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Overview: Prior crimes evidence that had not been admissible under Fla. Stat. § 90.404, because of irrelevance, in an earlier prosecution of defendant on an earlier robbery charge was equally inadmissible in a later prosecution based on a different robbery.

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Ventura v. Allstate Ins. Co., CASE NO. 3D05-1330, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 1, 2006, Opinion Filed
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Weaver v. State, Case No. 2D04-1003, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2006, Opinion Filed
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Overview: Where defendant was charged with battery on a law enforcement officer in violation of Fla. Stat. § 784.07(1)(a), it was fundamental error to instruct jurors regarding slightly different elements of a similar offense codified at Fla. Stat. § 784.03(1)(a)(1).

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Webster v. State, Case No. 2D05-5699, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 1, 2006, Opinion Filed
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