Florida, February, 2009, State Case law

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State Courts - Florida - February 10, 2009

Charlotte County v. IMC Phosphates Co., Case No. 2D06-3848, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2009, Opinion Filed
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Overview: Final order of the Florida Department of Environmental Protection (DEP) was affirmed because the DEP did not err in remanding an application for the issuance of various phosphate-mining permits back to an administrative law judge for further evidentiary proceedings to consider issues that were not addressed at the initial administrative hearing.

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Knight v. State, Case No. 2D08-2310, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2009, Opinion Filed
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Overview: Because there existed no manifest injustice that would warrant reconsideration of the issue of an illegal sentence, the order of the postconviction court denying the Fla. R. Crim. P. 3.800 motion, which asserted the same claim as to previous motions, was affirmed.

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L.D.K. v. State, Case No. 2D08-454, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2009, Opinion Filed
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Lee v. State, Case No. 2D08-3064, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2009, Opinion Filed
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Peace River/Manasota Reg'l Water Supply Auth. v. IMC Phosphates Co., Case Nos. 2D06-3891, 2D07-3116 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2009, Opinion Filed
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Overview: Grant of a permit for the operation of a phosphate mine was affirmed because the administrative law judge did not err under ? 373.414(8)(b), Fla. Stat., in excluding a water supply authority's proffered evidence of cumulative impacts, nor did the Florida Department of Environmental Protection err in refusing to consider a cumulative impacts study.

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Soliz v. State, Case No. 2D08-1989, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2009, Opinion Filed
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Overview: Probation was revoked because, while a trial court abused its discretion in finding that a probationer willfully violated a residential condition when he was unable to timely meet the requirement, the court did not abuse its discretion in finding that the probationer willfully violated electronic monitoring and driving log conditions.

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State v. Dorsey, Case No. 2D07-6064, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2009, Opinion Filed
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Overview: Petition for writ of certiorari was denied as to an out-of-court identification because the trial court did not depart from the essential requirements of law in suppressing the out-of-court identification testimony. However, the petition was granted as to an in-court identification because the court failed to apply the correct legal analysis.

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State v. Eastridge, Case No. 2D07-6000, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2009, Opinion Filed
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