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| Johnson v. Wilbur, CASE NO. 1D05-5392,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2008, Opinion Filed
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Overview: Appellate court sua sponte entered an order sanctioning appellants due to their filing of numerous frivolous actions that substantially interfered with the orderly process of judicial administration.
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| Kasm v. Lynnel, Case No. 2D06-3643,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 13, 2008, Opinion Filed
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Overview: While husband's appeal of first temporary fee award was pending, wife filed new motion for temporary appellate attorneys' fees with trial court under § 61.16(1), Fla. Stat., and Fla. R. App. P. 9.600(c). After appellate court entered its opinion, trial court lost authority under statute and rule to award wife temporary appellate attorneys' fees.
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| Letterese v. Brody, No. 4D07-2434,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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| Mae Volen Senior Ctr., Inc. v. Area Agency on Aging Palm Beach/Treasure Coast, Inc., No. 4D06-2992,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: As § 20.41, Fla. Stat., designated area agencies on aging (AAAs) as "boards" performing certain requirements of the Florida Department of Elder Affairs, and they performed essentially government functions by authorizing expenditures of tax money, Division of Administrative Hearings had jurisdiction to hear a bid protest filed against a private AAA.
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| McCoy v. State, No. 3D07-312,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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| Menard v. Univ. Radiation Oncology Assocs., LLP, No. 4D06-4901 & 4D07-576,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: As a doctor's testimony as to a patient's agreement to pay a clinic for charges was a surprise change in the clinic's position about a historical fact that should have been treated like a surprise change in expert witness testimony under Fla. R. Civ. P. 1.360(b), and this evidence prejudiced the patient, the trial court erred by admitting it.
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| Miley v. State, No. 4D06-4929,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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| Morales v. State, Case No. 2D07-1067,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 13, 2008, Opinion Filed
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Overview: Trial court erred in denying defendant's Fla. R. Crim. P. 3.170(f) motion to withdraw his guilty plea to a home-invasion robbery charge without a hearing; defendant's oral motion was made before he was sentenced, and in that situation, due process required that defendant be allowed to present argument and be heard on the motion.
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| Mullins v. State, No. 3D07-1969,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Time for filing Fla. R. Crim. P. 3.850 motion for postconviction relief was tolled until Florida Supreme Court either accepted or denied discretionary review in the inmate's direct appeal because the appellate court's per curiam opinion in the direct appeal was accompanied by citations to authority, one of which was pending review in supreme court.
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