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| Sperling v. United States, No. 3D07-1157,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: As property owner failed to comply with 26 U.S.C.S. § 7425(a) by making U.S. party to his suit attempting to eliminate federal tax lien, and owner's judgment "quieting title" in property did not supersede an earlier foreclosure judgment recognizing U.S.'s lien over excess proceeds of foreclosure sale, U.S. was entitled to those proceeds.
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| State v. Scanes, No. 3D07-1283,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: As the sentences were imposed based upon a court-offered plea, over the State's objection, and the sentences failed to impose statutorily mandated penalties, the sentence which was less than the ten-year minimum mandatory sentence under § 775.087, Fla. Stat. as to the kidnapping count, the three-year minimum mandatory sentence was illegal.
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| State v. Seitz, No. 3D07-2351,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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Overview: Because defendant did not need a prosecutor's deposition to demonstrate bias as the victim was undoubtedly "biased," and defendant failed to demonstrate any legitimate basis for inquiring into the State's reasons for prosecuting the case, the order authorizing the telephone deposition of the prosecutor was quashed.
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| T.S. v. State, CASE NOS. 1D07-3946, 1D07-3947, 1D07-3948 & 1D07-3949,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2008, Opinion Filed
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| Veloz v. State, No. 3D07-3117,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 6, 2008, Opinion Filed
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| Wal-Mart Stores, Inc. v. Thompson, CASE NO. 1D07-2661,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2008, Opinion Filed
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Overview: Workers' compensation claimant was entitled to PTD benefits under § 440.15(1)(b), Fla. Stat., as employer and carrier stipulated her injures were compensable and she had reached maximum medical improvement with five percent impairment, and she presented unrebutted evidence of unemployability within 50-mile radius of her home due to her impairment.
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| Waldo v. State, CASE NO. 1D06-1877,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2008, Opinion Filed
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Overview: Officers' warrantless entry into the side and backyard areas of defendant's home, based on a tip, was an unlawful search. And since the officers' observations during the unlawful search could not be used to obtain a warrant for a further search of the property and the house, the evidence resulting from the searches should have been suppressed.
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| Weiss v. Weiss, Case No. 2D07-417,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2008, Opinion Filed
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Overview: Order granting a former husband's motion to dismiss his former wife's petition to domesticate and enforce postdissolution enforcement orders was reversed, and the case was remanded because the provision at issue from the modified divorce decree was entitled to domestication under ch. 55, Fla. Stat., and the Full Faith and Credit Clause.
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| Woebse v. Health Care & Ret. Corp. of Am., Case No. 2D06-720,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2008, Opinion Filed
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Overview: Trial court's order granting a nursing home's motion to compel arbitration was reversed, and the case was remanded for further proceedings because the personal representative demonstrated that an arbitration agreement in an admission agreement was unconscionable as there was a showing of both procedural and substantive unconscionability.
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