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State Courts -
Florida - February 13, 2008
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Rawls v. Leon County, CASE NO. 1D07-3461,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2008, Opinion Filed
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Overview: In eminent domain proceeding, as engineer's testimony and resolution of board of county commissioners was sufficient to show necessity under ? 73.021(1), Fla. Stat. (2007), the burden shifted to the landowner to show bad faith or abuse of discretion on the part of the county as an affirmative defense. As she failed to do so, the taking was proper.
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Rubin v. Gabay, No. 4D06-5060,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: Judgment in favor of client in securities fraud action was reversed; client failed to produce any evidence that broker acted as agent within meaning of ? 517.211(2), Fla. Stat., such that he could be held liable under ? 517.301, Fla. Stat., regarding IPO securities client purchased through another broker that turned out to be for sham corporations.
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SDG Dadeland Assocs. v. Anthony, No. 3D05-2666,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: In a slip and fall suit, as pedestrian's counsel in closing argument made a Golden Rule argument, expressed his own opinion, and made unsupported claims that owner and its counsel concealed evidence and presented perjured testimony and a frivolous defense, his conduct constituted fundamental error entitling the owner to a new trial.
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Schlagel v. Schlagel, Case No. 2D07-504,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 13, 2008, Opinion Filed
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Overview: Former wife with a law degree who had not looked for work for almost two years was properly imputed income of $ 40,000. But in view of 21-year marriage, she should have been awarded at least $ 1 per year in permanent, periodic alimony under ? 61.08, Fla. Stat., in case she could not find employment, after using her best efforts, in imputed amount.
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