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   State Courts - Florida - February 6, 2008

  
Nevels v. State, Case No. 2D06-1600, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2008, Opinion Filed
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Nevels v. State, Case No. 2D05-5297, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2008, Opinion Filed
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Novak v. State, No. 4D06-3030, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 6, 2008, Decided
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Overview: In aggravated battery prosecution, fundamental error was created when trial court gave jury standard instruction that defendant was required to prove beyond a reasonable doubt his defense of the justifiable use of non-deadly force. Therefore, despite counsel's failure to object to this then-valid instruction, defendant was entitled to new trial.

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Perez v. United Fitness of Am., LLC, No. 3D06-869, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: In a products liability action, because the jury's conclusion that a product was not defective when it was sold was supported by the evidence, reasonable people could agree with the trial court's decision, and the consumer failed to demonstrate any reversible error, such was upheld on appeal, as was an order denying the consumer a new trial.

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Pride v. State, No. 3D04-1219, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: Since the record failed to make the required showing, as it incorrectly included points for legal constraint on the theory that the defendant was on probation in another case at the time of the probation violation in the instant case, the sentencing order had to be reversed and remanded for further proceedings as to the claim of scoresheet error.

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R.B. v. State, No. 3D07-1040, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: Because a school security officer had a reasonable suspicion that a juvenile might have illegal drugs on his person, had personal knowledge of the juvenile being under the influence two or three weeks prior to the search, and had observations confirmed by the juvenile's parents, a school search was upheld, justifying denial of a suppression motion.

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Rizov v. State, No. 3D07-1929, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: Florida Board of Professional Engineers did not err in denying an applicant's application, pursuant to ? 471.015(1), Fla. Stat., to take the principles and practices examination because the applicant did not have four years of postgraduate experience as required by ? 471.013(1)(a)(1), Fla. Stat. and Fla. Admin. Code Ann. R. 61G15-20.002(1)(b)(1).

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Samuels v. State, No. 4D07-3766, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 6, 2008, Decided
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Sinclair v. State, No. 3D07-390, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Southstar Equity, LLC v. Chau, Case No. 2D05-1306, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2008, Opinion Filed
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Overview: Evidence leasing agents would falsely tell prospective tenants there was no crime problem at apartment complex, and that tenant who had been told this was carjacked in complex parking lot, sufficiently established gross negligence or intentional misconduct under ? Fla. Stat. ? 768.72(2) to support a punitive damage award against complex owner.

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