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State Courts -
Florida - February 9, 2007
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Carmona v. McKinley, Ittersagen, Gunderson & Berntsson, P.A., Case Nos. 2D06-1850, 2D06-1852, 2D06-1854 CONSOLIDATED,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 9, 2007, Opinion Filed
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Overview: In deciding motion to dismiss under Fla. R. Civ. P.1.140(b)(6), it was improper for trial court to consider, and presumably agree with, lawyers' argument, which was not corroborated on faces of complaints, that they were not proper parties to lien foreclosure suit because they had no interest in the real property, but only posted security bond.
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Gonzalez v. State, Case No. 5D05-2834,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 9, 2007, Opinion Filed
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Overview: While the trial court properly upheld the constitutionality of both §§ 812.019(1) and 812.012(8), Fla. Stat., rejecting defendant's overbreadth challenge, a restitution award in the amount of $ 4,000 was reversed, as the record supported an award of $ 3,125 at best.
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Haines City HMA, Inc. v. Carter, Case No. 2D06-1413,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 9, 2007, Opinion Filed
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Overview: Because the trial court erred in using a multiplier to enhance a contingent attorney's fee award to an employee in her suit filed under the anti-retaliation provision of the Florida Civil Rights Act, contrary to federal precedent, the award was reversed, and the case was remanded for entry of an award reflecting only the lodestar amount.
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