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| Prudent v. State, No. 3D06-1969,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Defendant's conviction for first degree murder was affirmed. The record reflected overwhelming evidence of premeditated murder upon which the jury could have based its conviction. Accordingly, the omission of the elements of felony murder in the jury instruction did not constitute fundamental error.
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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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| Rincon v. State, No. 3D07-1181,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Trial court erred in failing to correct an inmate's written sentence to conform to the oral pronouncement that the inmate's twenty year state sentence for second degree murder and three counts of armed robbery was to be served consecutive to a federal sentence the inmate was serving. The written sentence had the sentences being served concurrently.
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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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| Schneberger v. Schneberger, No. 4D07-1697,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: Declaration that wife held a life estate in a home pursuant to a prenuptial agreement and that she had full responsibility for taxes, insurance, and general upkeep of the home was affirmed; prenuptial agreement was executed with the formalities of a deed and wife was a true life tenant even though she had given up right to income from the home.
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| Shojaie v. Gables Court Prof'l Ctr., Inc., No. 3D06-3128,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Trial court's order granting an employer a new trial based on a ruling that a jury's verdict in favor of an employee was contrary to the manifest weight of the evidence was affirmed. The employee failed to provide a transcript of the trial proceedings and therefore, the record was inadequate for appellate review.
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| State v. Barnes, No. 4D06-3784,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: Although police officer conducted an illegal frisk of defendant, which yielded marijuana evidence, a trial court erred in suppressing cocaine found in a search after defendant was arrested on an outstanding warrant; the warrant provided an intervening circumstance that removed the taint of the illegal frisk from the discovery of the cocaine.
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