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State Courts -
Florida - February 14, 2007
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TRW Auto. U.S. LLC v. Papandopoles, No. 4D05-4816, No. 4D05-4817, No. 4D05-4818, No. 4D05-4819, No. 4D05-4820,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 14, 2007, Decided
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Overview: Trial court erroneously failed to conduct the required Kinney analysis as it applied to two cases in denying motions to dismiss under Fla. R. Civ. P. 1.061(a). Trial court also erred in giving a ruling in a third case preclusive effect in two other cases, despite the fact that all three cases had been consolidated and involved similar claims.
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Vazquez v. State, No. 4D04-4411,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 14, 2007, Decided
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Overview: Allowing the State to amend aggravated stalking count in information to include certain specific events violated double jeopardy, Art. I, § 9, Fla. Const., because defendant's actions on those dates, consisting of harassing telephone calls, were the basis of a stalking charge for which he had already been charged, convicted, and sentenced.
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