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   State Courts - Florida - February 14, 2007

  
A.G. Edwards & Sons, Inc. v. Dublon, No. 4D06-3502, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 14, 2007, Decided
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Overview: Language of an account agreement which required arbitration of all controversies that might arise for any cause whatsoever covered a breach of fiduciary duty failure to warn claim, and there was a sufficient connection between the dispute and the contract containing the arbitration clause.

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Bott v. City of Marathon, No. 3D06-1261, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 14, 2007, Opinion Filed
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Overview: Restrictive covenant indicated date it was executed. All elements required for declaratory judgment relating to the covenant were present from date of execution of contract, and, thus, owners' cause of action accrued then. Because owners failed to file claim within five years of that date, it was time barred under § 95.11(2)(b), Fla. Stat.

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Burgos v. Burgos, No. 4D06-1065, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 14, 2007, Decided
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Byrd v. BT Foods, Inc., No. 4D06-600, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 14, 2007, Decided
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Overview: Employer was not entitled to summary judgment on an employee's HIV discrimination claim as the employee was handicapped under § 760.10(1)(a), Fla. Stat, and sufficiently showed discrimination under the Florida Civil Rights Act of 1992, §§ 760.01-760.11, Fla. Stat., and the Florida Omnibus AIDS Act, § 760.50, Fla. Stat., to survive the motion.

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Debt Settlement Adm'rs, LLC v. Antigua, No. 3D06-1648, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 14, 2007, Opinion Filed
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Overview: Because the foreign governments had the names on the bank accounts involved in their investigation and could conduct discovery in a pending action, their request for a pure bill of discovery was an unauthorized "fishing expedition"; thus, the debt settlor was entitled to certiorari to quash the denial of its motion to dismiss the complaint.

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Delgado v. State, No. 3D05-675, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 14, 2007, Opinion Filed
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Demorizi v. Demorizi, Nos. 3D05-2806, 3D05-2377, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 14, 2007, Opinion Filed
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Emelien v. State, No. 4D06-561, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 14, 2007, Decided
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Fine v. Remax Advantage Plus, No. 4D06-1867, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 14, 2007, Decided
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Gomez v. State, Case No. 2D06-3660, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 14, 2007, Opinion Filed
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