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   State Courts - Florida - February 6, 2006

  
Barry v. State, CASE NO. 1D05-4348, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Borkowski v. Fla. Unemployment Appeals Comm'n, CASE NO. 1D05-1257, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Calderon v. J. B. Nurseries, Inc., CASE NO. 1D04-5320, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Debose v. State, CASE NO. 1D05-0571, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Overview: Because the trial court fundamentally erred by instructing the jury on the element of aggravated battery by use of a deadly weapon, where that element was not charged, defendant's conviction of aggravated battery on a law enforcement officer was reversed and remanded for a new trial.

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Eady v. State, CASE NO. 1D05-5637, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Gerald v. State, CASE NO. 1D05-6166, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Hillsborough County Sch. Bd. v. Suarez, CASE NO. 1D05-1749, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Overview: Although a judge of compensation claims correctly interpreted Fla. Stat. § 440.13(2)(f) (2002) as allowing an employee to seek the care of a different physician from the one initially assigned to her, the employee had to first request the employer/carrier's authorization from a list selected by it of no fewer than three physicians.

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K.H. v. Dep't of Children & Families, CASE NO. 1D05-5357, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Leland v. Rockwell, CASE NO. 1D05-4225, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Seminole County Sch. Bd. v. Tweedie, CASE NO. 1D05-2107, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 6, 2006, Opinion Filed
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Overview: Pursuant to Fla. Stat. § 440.13(5)(e) (2003), a judge of compensation claims erred as a matter of law in awarding an employee temporary total disability benefits based upon the opinion of an unauthorized provider; however, because other competent, substantial evidence supported the award, it was affirmed.

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