Florida, February, 2009, State Case law

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State Courts - Florida - February 11, 2009

Guajardo v. State, Case No. 2D08-1849, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 11, 2009, Opinion Filed
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Johnson v. State, No. 3D07-2789, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 11, 2009, Opinion Filed
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Overview: Because an affirmance on direct appeal was not a procedural bar to defendant's claim for ineffective assistance of counsel on a postconviction motion, and because counsel failed to address defendant's complete defense to a burglary charge, defendant's Fla. R. Crim. P. 3.850 motion for postconviction relief should not have been denied.

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Juega v. Davidson, No. 3D05-2785, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 11, 2009, Opinion Filed
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Overview: Estate administrator had standing to continue as plaintiff in litigation he joined on behalf of the estate prior to it being closed; Fla. R. Civ. P. 1.210(a) permitted action to be prosecuted in his name acting as agent of the decedent's son, who was the real party in interest, based on affidavit from son ratifying the administrator's actions.

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Koslow v. Sanders, Case No. 2D08-1081, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 11, 2009, Opinion Filed
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Larsen v. Dep't of Revenue, No. 4D08-3700, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 11, 2009, Decided
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Logan v. State, No. 4D08-4183, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 11, 2009, Decided
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Maddox v. State, No. 4D07-518, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 11, 2009, Decided
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Mercury Ins. Co. v. Fonseca, No. 3D08-1465, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 11, 2009, Opinion Filed
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Morris v. Knight, No. 4D08-1088, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 11, 2009, Decided
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Overview: There was no abuse of discretion in granting neighbor's ? 744.312, Fla. Stat. petition for guardianship of incapacitated elderly woman; neighbor was fit to act as guardian and he selflessly used his assets to provide for her care. Family members were unfit to serve and could not show how moving woman to another facility was in her best interest.

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Munoz v. State, No. 3D09-66, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 11, 2009, Opinion Filed
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