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   State Courts - Florida - February 13, 2008

  
AON Trade Credit, Inc. v. Quintec, S.A., No. 3D06-2729, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Under ? 626.901, Fla. Stat. (2002), liability of broker that placed insured with unauthorized insurer was limited to coverage provided by policy. As insured failed to comply with a policy provision that was a condition precedent for indemnification, exporter, its parent company, was not entitled to damages from broker.

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Am. Home Assur. Co. v. Vreeland, Case No. 2D07-3357, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 13, 2008, Opinion Filed
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Overview: To extent trial court's order required production of insurers claim files to corporation while parties were engaged in a coverage dispute, the order caused irreparable injury to the insurer by allowing discovery of material protected by the work-product privilege. Thus, insurer's petition for writ of certiorari was granted and order was quashed.

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Anderson v. State, No. 3D08-24, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Decided
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Andrews v. Barton, No. 3D06-1247, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Judgment was reversed as opinion of owner's surveyor was inadmissible under ? 90.702, Fla. Stat. as it was not based on accurate legal description of disputed properties as it did not include "less and except" provision for 50-foot strip that had been conveyed to county for road.

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Arnsperger v. Arnsperger, Case No. 2D07-662, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 13, 2008, Opinion Filed
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Barajas v. State, No. 4D06-3947, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Ben-David v. Educ. Res. Inst., Inc., No. 3D07-317, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Circuit court's judgment in an action to recover on three student loans was reversed as circuit court lacked jurisdiction to consider case. As each loan was executed separately, they could not be aggregated to meet the $15,000 jurisdictional limit for the circuit court. Under ? 34.01(1)(c), Fla. Stat., jurisdiction was in the county court.

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Benitez v. Benitez, No. 3D07-1472, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Dismissal of former husband's petition for a downward modification of his alimony obligation was affirmed because in the parties' marital settlement agreement, the former husband had agreed not to seek modification for any reason, and he was in breach of his obligations by moving for the alimony reduction.

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Bill Salter Adver., Inc. v. DOT, CASE NO.: 1D07-2599, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2008, Opinion Filed
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Overview: As substantial evidence supported position of Department of Transportation the costs of replacement materials to re-erect appellant permittee's non-conforming sign exceeded 50 percent of the value of its structural materials before a hurricane struck, it properly revoked appellant's permit under Fla. Admin. Code Ann. R. 14-10.007(6).

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Brooks v. Amp Servs., Ltd., No. 4D07-3801, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: That attorney failed to corroborate his good standing in New York before applying to be admitted pro hac vice under Fla. R. Jud. Admin. 2.510 did not affect administration of justice or disrupt proceedings. As he rectified his late payment of registration fee and never was suspended, court erred in vacating his pro hac vice admission retroactively.

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