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   State Courts - Florida - February 16, 2007

  
Kany v. Fla. Eng'rs Mgmt. Corp., Case No. 5D06-2267, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because there was evidence presented from which the ALJ could have arrived at the findings and conclusions contained in his recommended order to reprimand an engineer, it was error for the Board of Professional Engineers to reject those findings and conclusions in regard to the engineers violation of § 471.033, Fla. Stat.

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Kellar v. State, CASE NO. 1D06-6649, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 16, 2007, Opinion Filed
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Lanterman v. State, CASE NO. 1D06-2651, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 16, 2007, Opinion Filed
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Lauramore v. State, CASE NO. 1D06-4131, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 16, 2007, Opinion Filed
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Lewis v. Sunbelt Rentals, Inc., Case No. 2D06-4182, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 16, 2007, Opinion Filed
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Overview: Trial court erred in granting employer's motion for a temporary injunction in a case where it was alleging that the employee allegedly violated noncompete and nondisclosure clauses of his employment agreement with employer; entry of that injunction without notice to the employee meant it failed to comply with provisions of Fla. R. Civ. P. 1.610.

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Lopez v. Ernie Haire Ford, Inc., Case No. 2D06-1665, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because a lessee initialled the provision in the parties' lease that provided for arbitration of any unresolved disputes, the lessees could not defeat enforcement of the lease on the ground that they signed it without reading it; therefore, the trial court properly found no procedural unconscionability and compelled arbitration.

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Martens v. State, Case No. 2D06-3521, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 16, 2007, Opinion Filed
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Nerenberg v. Dep't of Educ., Case No. 2D06-1177, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because § 443.036(35), Fla. Stat. (2005) provided that each state agency was a unique employer, an employee's voluntary resignation from one department and his failure to earn sufficient income at another department disqualified him from receiving unemployment compensation benefits.

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Osborne v. Comm'n on Ethics, Case No. 5D05-3954, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Ethics complaint that former mayor opposed annexation of land because of some personal investment that might be diminished if annexation took place were fully specified in ethics complaint. Because all factual findings made by ALJ were adopted by the ethics commission, former mayor was entitled to attorney's fees under § 112.317(8), Fla. Stat.

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Pedi-Care Plus, Inc. v. Agency for Health Care Admin., CASE NO. 1D06-0574, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 16, 2007, Opinion Filed
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