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| R.R. v. State, Case No. 5D05-959,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 3, 2006, Opinion Filed
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Overview: Trial court did not err in adjudicating defendant juvenile delinquent because defendant was on notice that he was being charged with a felony because of a prior battery adjudication where all of the elements of the offense pursuant to Fla. Stat. § 784.03(2) were set forth in the petition, although the date of the prior conviction was inaccurate.
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| S.D.G. v. State, CASE NO. 5D05-2156,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 3, 2006, Opinion Filed
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Overview: Defendant juvenile's adjudication of delinquency on a charge of disorderly conduct pursuant to Fla. Stat. § 877.03 was reversed because the trial court erred in rejecting defendant's defense of self-defense; all of the evidence supported the self-defense theory and the State did not prove that defendant's actions were not taken in self-defense.
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| State v. Gonzalez, Case No. 5D05-348,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 3, 2006, Opinion Filed
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Overview: Because the testimony presented at defendant's suppression hearing indicated that a police officer simply asked defendant for identification and that defendant complied, the encounter was consensual; therefore, the officer did not need to possess a reasonable suspicion of criminal activity before requesting defendant's identification.
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| State v. Johns, Case No. 2D04-4007,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 3, 2006, Opinion Filed
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Overview: The trial court erred in granting defendant's motion to suppress cocaine found on his person during a traffic stop because, contrary to the trial court's finding, the undisputed testimony showed that the traffic stop was still under way during the deputy's brief dialogue with and search of defendant.
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| Townsend v. Townsend, CASE NO. 1D05-3704,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 3, 2006, Opinion Filed
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Overview: The trial court erred in issuing a temporary injunction pursuant to Fla. R. Civ. P. 1.610 because the trial court did not find that the partner had shown the likelihood of irreparable harm, the absence of an adequate remedy at law, a substantial likelihood of success on the merits, and considerations of the public interest.
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| Widdows v. State Farm Fla. Ins. Co., Case No. 5D05-1052,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 3, 2006, Opinion Filed
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Overview: In an insurance contract dispute, the trial court erred in granting an involuntary dismissal at the close of the insured's case because the dismissal was premature where (1) the abnormality in the pipe itself was a "physical loss," and (2) the burden was on the insurer to establish that the earth movement exclusion applied.
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