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   State Courts - Florida - February 6, 2009

  
Montgomery v. State, Case No. 2D07-5403, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Trial court did not sufficiently determine whether defendant facing probation revocation and prison sentences voluntarily, knowingly, and intelligently discharged counsel; it needed to conduct adequate Nelson hearing to ascertain reason for request and Fla. R. Crim. P. 3.111(d) Faretta hearing to advise him of the dangers of self-representation.

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Myers v. Jim Russo Prison Ministries, Inc., Case No. 2D08-1744, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Rosado v. Daimlerchrysler Fin. Servs. Trust, Case No. 2D07-3690, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Because ? 324.021(9)(b)(2), Fla. Stat., did not compel lessor of car to have certain insurance standards, ? 324.021(9)(b)(2) did not impose liability for failure to meet those optional standards. Court certified to supreme court a question of great public important: Does Graves Amendment, 49 U.S.C.S. ? 30106, preempt ? 324.021(9)(b)(1), Fla. Stat?

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State Farm Fla. Ins. Co. v. Ehrich, Case No. 2D08-788, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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White v. White, Case No. 2D07-5013, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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Overview: Judgment was reversed as wife did not plead or raise unclean hands defense to reduction of her permanent periodic alimony award under ? 61.14(1)(b)(1), Fla. Stat. in pretrial motion, and waived it under Fla. R. Civ. P. 1.140 and Fla. Fam. L.R.P. 12.140. As husband timely objected, unclean hands defense was not tried by consent.

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Williams v. State, Case No. 2D07-4215, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 6, 2009, Opinion Filed
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