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State Courts -
Florida - February 12, 2009
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Montgomery v. State, CASE NO. 1D07-4688,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 12, 2009, Opinion Filed
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Overview: Because the jury instruction imposed an additional element on the crime of manslaughter by act, an intent to kill, and that offense was one step removed from the crime for which defendant was convicted, second-degree murder, the conviction was reversed and remanded for a new trial.
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Mullins v. 7-Eleven, Inc., CASE NO. 1D08-1786,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 12, 2009, Opinion Filed
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Overview: Rupture of employee's breast implant was compensable under ? 440.02(19), Fla. Stat., as implant was a "prosthetic device" under that statute, but apportioning out medical benefits for implant's aged condition was error, as ? 440.15(5)(b), Fla. Stat., about apportionment, applied to diseases or diagnosis, and not "condition" of prosthetic device.
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