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| Medinis v. Swan, Case No. 2D05-1640,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 9, 2007, Opinion Filed
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Overview: Judgment was improperly rendered in favor of appellee in an action regarding a failed joint business venture on two counts alleging appellant's failure to pay promissory notes as the verdict form did not provide for a jury finding on the amount of damages on those counts; trial court improperly invaded province of jury in setting amount of damages.
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| Nourse v. Nourse, Case No. 2D05-2830,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 9, 2007, Opinion Filed
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Overview: In dissolution proceedings, a wife was entitled to at least a nominal award of permanent alimony because her psychiatrist presented undisputed testimony that she suffered from bipolar disorder, a probable lifelong condition, and that, even with treatment, she could probably only be employed doing menial labor.
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| Paladin Props. v. Family Inv. Enters., Case No. 2D06-4208,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 9, 2007, Opinion Filed
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Overview: Because any alleged mistake in entering a default judgment arose from a judicial error that was not correctable by way of a Fla. R. Civ. P. 1.540(b) motion, a successor trial judge abused his discretion in setting said judgment aside. Further, speculation concerning the reason for the alleged mistake did not support setting aside the judgment.
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| R.H. v. Dep't of Children & Families, Case No. 5D06-1324,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 9, 2007, Opinion Filed
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Overview: Mother's procedural due process rights were violated when the trial court closed a dependency case at the judicial review hearing without prior notice that permanency would be decided. Fla. R. Juv. P. 8.345(b) required that a written motion requesting termination of supervision or the jurisdiction of the court be filed.
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| Stubbs v. State, Case No. 2D05-4864,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 9, 2007, Opinion Filed
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Overview: Defendant could challenge the alleged improper inclusion of victim injury and legal constraint violation points on his sentencing scoresheet at his sentencing hearing on a probation revocation, even though he had not raised the issue at his original sentencing or on direct appeal, based on existing case law.
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| Sydoriak v. State, Case No. 5D06-699,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 9, 2007, Opinion Filed
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Overview: Because the trial court unconditionally accepted defendant's initial nolo contendere plea, it could not subsequently reject it based on the victims' objections or the trial court's change of mind, despite the fact that it could have imposed a harsher sentence if deemed appropriate. Hence, defendant waived his right to a speedy trial.
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| T.L.S. v. State, Case No. 5D06-55,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 9, 2007, Opinion Filed
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Overview: Although § 775.083(2), Fla. Stat. (2005) applied to juveniles, it did not provide for the imposition of costs in the absence of an adjudication of delinquency. Because a trial court issued a judicial warning and withheld adjudication of delinquency, it incorrectly imposed a $ 20 cost pursuant to § 775.083(2).
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| Triplett v. State, Case No. 5D06-1671,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 9, 2007, Opinion Filed
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Overview: Similarity between defendant's prior act of molestation with respect to another young woman and charged molestation was critical consideration for trial court in conducting appropriate weighing of evidence required by § 90.403, Fla. Stat. Admission of evidence of prior acts, which shared numerous similarities with charged offense, was proper.
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