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| Almarante v. Art Inst. of Fort Lauderdale, Inc., No. 4D05-1710,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because a school's decision to place its dormitory buildings on either side of a busy urban highway foreseeably created a greater zone of danger for its students from injuries while crossing the highway, the trial court erred in dismissing a student's personal injury action for failure to state a cause of action.
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| Amir v. Amir, No. 4D04-4036,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because a trial court entered an order containing distinctly different language from the appellate mandate regarding visitation, the order was reversed and the case was remanded a second time to the trial court to correct the first order concerning the visitation schedule.
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| BMW of N. Am., LLC v. La Rotta, No. 4D04-4551,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because an automobile manufacturer's grounds for review of a decision by the Florida New Motor Vehicle Arbitration Board under Fla. Stat. § 681.1095(12) (2003) did not have to be anything more than a statement that it disputed the outcome before the Board, the trial court erred in denying a trial de novo for failure to state a cause of action.
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| Castano v. State, No. 4D03-2334,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because defendant asserted for the first time on appeal that the trial court erred by not suppressing statements that he made after receiving inadequate Miranda warnings, the fundamental error doctrine did not apply; consequently, defendant was not entitled to relief.
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| Columbia/JFK Med. Ctr., Ltd. P'ship v. Sanguonchitte, No. 4D05-3852,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because the documents contained in a doctor's file were part of the credentialing and peer review process and directly related to the doctor's hospital staff membership privileges, the documents fell within the peer review privilege set forth in Fla. Stat. §§ 395.0191(8), 766.101(5); consequently, a medical center was entitled to certiorari relief.
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| Commercial Union Ins. Co. v. Marine Sales & Servs., No. 4D05-1722,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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| Crumity v. State, No. 4D04-3934,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: The State failed to prove the charge of escape, pursuant to Fla. Stat. § 944.40 (2003), where the facts failed to establish that defendant escaped from a place of confinement or while being transported to or from a place of confinement, but only established that defendant left his work release program worksite without permission.
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| Defas v. Linares, CASE NO. 3D05-910,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 8, 2006, Opinion Filed
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| Duckworth v. State, No. 4D05-3111,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because the trial court's order contravened the unambiguous language of Fla. Stat. § 322.125(4), the court granted a driver's certiorari petition and quashed the order releasing medical records from the Department of Highway Safety and Motor Vehicles to the State in its criminal investigation of the driver's role in the death of a pedestrian.
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