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| Barrientos v. State, Case No. 2D07-2221,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Defendant's conviction for cocaine trafficking, greater than 400 grams and less than 150 kilograms, in violation of ¿ 893.135(1)(b)(1)(c), Fla. Stat., was reversed; since his knowledge of presence of cocaine was disputed, and trial court deleted word "knowingly" from standard jury instruction's first element, new trial on that offense was required.
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| Boone v. Boone, Case No. 2D07-4973,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Order reducing former husband's alimony obligation from $500 to $400 per month was erroneous on its face as it did not include findings as to former wife's need for alimony nor former husband's ability to pay alimony, and payment of the alimony would leave former husband with $530 deficit each month while former wife would have $790 surplus.
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| Cox v. State, Case No. 2D06-4860,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Defendant's aggravated child abuse conviction in violation of ¿ 827.03(2)(b), Fla. Stat. was reversed, as facts proven by State did not show that offense; his frightening tirade about what he would like to do ex-wife and new husband, including mattress stabbing, did not involve level of brutality or infliction of pain needed to prove the offense.
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| F.B. v. Dept of Children & Family Servs. (In re Z.L.), Case No. 2D08-3029,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Termination of father's parental rights was not based on required clear and convincing evidence that father abandoned child as defined by ¿ 39.01(1), Fla. Stat.; abandonment evidence was all hearsay, father stated he never denied paternity but that his attempts to locate mother failed, and there was no evidence of his ability to support child.
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| FCCI Ins. Co. v. NCM of Collier County, Inc., Case No. 2D08-4093,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Trial court order denying insurer's motion for summary judgment in action to collect workers' compensation premiums was a departure from essential elements of law; insured could not challenge calculation of premiums in trial court as it had failed to exhaust its administrative remedies on the issue as required by ¿ 627.371, Fla. Stat.
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| King v. Taylor, Case No. 2D07-5549,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Former husband's conduct in trying to undermine trial court's orders to name former wife as irrevocable beneficiary of survivor benefit plan, through transmittal of fraudulent correspondence and direction of phony trial court orders to entity responsible for disbursing military retirement benefits, warranted sanction of dismissal of his appeal.
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| Kirkland v. State, Case No. 2D08-1077,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Trial court erred in summarily denying three Fla. R. Crim. P. 3.850 postconviction relief claims of ineffective assistance of counsel; claims that counsel should have (1) moved to disqualify trial court due to bias, (2) timely moved for a continuance, and (3) challenged defendant's absence from a pretrial proceeding were not refuted by the record.
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| Marinich v. Special Edition Custom Homes, LLC, Case No. 2D07-4293,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Appellate court lacked jurisdiction over couple's appeal of summary judgment grant for contractor on couple's declaratory judgment action to determine if a construction agreement with contractor was enforceable; compulsory counterclaim was sufficiently intertwined because contractor sought lien for couple's alleged nonpayment under that agreement.
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| Miller v. Harris, Case No. 2D08-2903,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Alleged tortfeasor was entitled to a petition for writ of certiorari regarding a trial court's judgment compelling discovery from a nonparty expert witness; trial court failed to make necessary finding pursuant to Fla. R. Civ. P. 1.280(b)(4)(A) that unusual or compelling circumstances existed for obtaining financial and business records sought.
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