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| Educ. Res. Inst., Inc. v. Rickard, CASE NO. 3D04-1690,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 8, 2006, Opinion Filed
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Overview: The doctrine of res judicata barred a corporation's state court claim to collect on defaulted promissory notes executed for educational student loans; the corporation could not pursue an identical claim it raised in a previous bankruptcy proceeding in the underlying court action.
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| Engelke v. Estate of Engelke, No. 4D04-2454,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Trial court erred in finding the trust responsible for payment of creditors' claims not covered by the estate assets; because the decedent retained all control over his homestead during his lifetime, conveying no vested property interest in the homestead to the trust, the homestead protections of Fla. Const. art. X, § 4 attached to the residence.
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| Faerber v. D.G., Case No. 2D05-2514,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2006, Opinion Filed
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Overview: While, at the hearing on a creditor's petition for allowance to file a late claim against an estate, the creditor's counsel made representations as to the factual basis for the creditor's petition, the personal representative's counsel objected, and since no evidence was presented, the trial court erred in granting the petition.
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| Gibson v. State, No. 4D05-3264,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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| Grace v. State, No. 4D05-4665,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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| Hill v. State, No. 4D05-2663,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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| Italiano v. Italiano, Case No. 2D05-3612,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2006, Opinion Filed
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Overview: Trial court's reservation of jurisdiction to consider wife's motion for attorney's fees and other ancillary issues was insufficient to waive or extend time for serving motion for attorney's fees under Fla. R. Civ. P. 1.525. Pendency of ancillary issues was insufficient to render final judgment "non-final" for purposes of Fla. R. Civ. P. 1.525.
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| Leslie v. State, No. 4D04-3137,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Although the trial court entered an amended sentencing order reducing appellant's probation on an attempted first degree murder charge pursuant to appellant's motion for postconviction relief under Fla. R. Crim. P. 3.850, the trial court erred in resentencing appellant in absentia.
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| Marin v. Seven of Five, Ltd., No. 4D04-4037,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because genuine issues of material fact remained concerning the borrowers' affirmative defenses of unclean hands and promissory estoppel in a financing arrangement, the trial court erred in granting summary judgment to the mortgagee in its foreclosure action.
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