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| Banks v. State, CASE NO. 1D07-2347,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 11, 2008, Opinion Filed
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| Berry v. State, CASE NO. 1D06-4886,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 11, 2008, Opinion Filed
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Overview: As an officer needed reasonable suspicion of criminal activity to justify an investigative stop under § 901.151(2), Fla. Stat. (2006), and defendant's walking behind a closed business in the evening was insufficient to justify such suspicion, evidence the officer seized in a pat-down search of defendant had to be suppressed.
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| Felder v. State, CASE NO. 1D06-6411,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 11, 2008, Opinion Filed
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Overview: Although res judicata applied to decisions of the division of retirement (DOR) made in its judicial capacity, it did not apply to a tort claim of negligence, because DOR had no statutory authority to assume jurisdiction over such a claim. Thus, claimant's count alleging DOR was negligent should not have been dismissed based on res judicata.
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| Larkins v. State, CASE NO. 1D07-4129,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 11, 2008, Opinion Filed
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| Mayo v. Allen, CASE NO. 1D06-4514,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 11, 2008, Opinion Filed
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Overview: The trial court did not err in finding that an individual did not commit conversion by keeping an RV and personal belongings. The trial court found that appellants defaulted under the terms of a sales agreement for the RV when they failed to make the payments due, and that the individual had the right to repossess the RV upon the default.
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| Rodas v. Commercial Forming Corp., CASE NO. 1D07-0637,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 11, 2008, Opinion Filed
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Overview: Florida Judge of Compensation Claims (JCC) did not err in denying a motion for a change of venue because the parties never alleged that venue was improper (Fla. Admin. Code Ann. R. 60Q-6.106(4)), and the parties' stipulation to a change of venue was ineffective until and unless the JCC also ordered the change pursuant to § 440.25(4)(d), Fla. Stat.
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| State v. Stephenson, Case No. 5D07-921,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 11, 2008, Opinion Filed
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Overview: Court erred in imposing downward departure sentence based on defendant's remorse, as § 921.0026(2)(j), Fla. Stat., required, in addition to remorse, that crime was committed in unsophisticated manner and was an isolated incident. Defendant had an extensive criminal record, and there was no evidence crime was committed in an unsophisticated manner.
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| Sykes v. State, CASE NO. 1D07-2363,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 11, 2008, Opinion Filed
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Overview: Assuming arguendo that an inmate's claim that a prison violated § 944.17(5), Fla. Stat., by accepting custody of him was within the jurisdiction of the habeas court, that court properly dismissed his habeas petition because it failed to show on its face that the inmate had exhausted all administrative remedies.
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| Woods v. State, CASE NO. 1D07-5741,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 11, 2008, Opinion Filed
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