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State Courts -
Florida - February 8, 2008
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Berube v. State, Case No. 5D06-3047,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 8, 2008, Opinion Filed
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Overview: The trial court erred in denying defendant's motion for judgment of acquittal, and his conviction for vehicular homicide, ¿ 782.071, Fla. Stat., was reversed. The cases demonstrating culpability for vehicular homicide showed a level of recklessness far exceeding defendant's conduct.
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Dufresne v. Daimlerchrysler Corp., Case No. 2D05-5118,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2008, Opinion Filed
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Overview: That buyer accepted auto manufacturer's offer of judgment under ¿ 768.79, Fla. Stat. (2004), did not bar him from seeking attorney fees as "prevailing party" under Magnuson-Moss Warranty Act. Under ¿ 768.79(4), court had jurisdiction to enforce settlement agreement, making it equivalent to consent decree; buyer was thus deemed "prevailing party."
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J.J.D. v. State, Case No. 2D06-4155,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2008, Opinion Filed
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Overview: In a delinquency case, the trial court erred in finding appellant juvenile committed burglary because there was no evidence that he entered a house intending to steal a bag as required by ¿ 810.02(1)(b)(1), Fla. Stat. Nor was there evidence that appellant entered in a stealthy manner, triggering presumption of intent under ¿ 810.07(1), Fla. Stat.
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Land Mgmt. of Fla., Inc. v. Hilton Pine Island Ltd., Case Nos. 2D05-131, 2D05-1882, Case No. 2D06-3620 CONSOLIDATED,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2008, Opinion Filed
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Overview: In buyers' suit against bankruptcy trustee seeking specific performance of real estate contract executed by bankrupt corporation, trustee was not entitled to partial summary judgment performance on grounds he had not signed or approved the contract, as judgment quieting title in land favor of the corporation raised genuine issue of material fact.
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