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| McCauslin v. O'Conner, Case No. 5D06-3177,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 8, 2008, Opinion Filed
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Overview: Appellate court could not sustain the trial court's exercise of discretion to grant a new trial based upon two jurors not disclosing information during voir dire because, while the information which was not disclosed was relevant, it was not clear that the information was material and deliberate concealment of the information was not shown.
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| McKoy v. DeSilvio, Case No. 2D06-4531,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2008, Opinion Filed
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Overview: Summary judgment was properly granted to personal representative regarding one sister's quitclaim deed purporting to transfer interest in real property owned by decedent at the time of his death because deed contained the signature of only one subscribing witness, and ¿ 689.01, Fla. Stat. required two subscribing witnesses to convey real estate.
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| Rodriguez v. State, Case No. 2D06-4530,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2008, Opinion Filed
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| Romain v. State, Case No. 5D06-2792,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 8, 2008, Opinion Filed
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| Sheppard v. State, Case No. 5D06-2144,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 8, 2008, Opinion Filed
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Overview: As defendant was not arrested on domestic battery charge or released on pretrial release, he could not be charged under ¿ 741.29(6), Fla. Stat., with violating condition of pretrial release by contacting alleged victim. Thus, his motion for judgment of acquittal should have been granted as there was no evidence of an arrest for domestic violence.
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| Simmons v. State, Case No. 5D07-1672,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 8, 2008, Opinion Filed
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Overview: A judgment ordering defendant to pay restitution of $ 3,400 was reversed and remanded for entry of a corrected restitution order for $ 200. Defendant entered a negotiated plea to a charge of dealing in two stolen ladders, not thirty-four stolen ladders that the victim testified were stolen. The State conceded that the proper restitution was $ 200.
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| Stack v. Homeside Lending, Inc., Case No. 2D06-4697,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2008, Opinion Filed
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Overview: Mortgagee filed fourth motion to amend final judgment of foreclosure, seeking attorneys' fees and costs over and above those awarded in a prior judgment. As the increased amount sought was not supported by affidavits, and trial court failed to make findings as to hours reasonably expended and reasonable hourly rate, increased award was improper.
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