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| Martin v. State, No. 4D04-2940,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Although no police brutality occurred, the failure to advise defendant of the right to counsel "during" questioning was constitutionally defective; therefore, the trial court erred in denying defendant's motion to suppress due to the inadequate Miranda warnings.
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| Nicholson-Kenny Capital Mgmt. v. Steinberg, No. 4D03-4687,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Non-movants were precluded from raising the failure to file a paper styled "motion for trial" where the case was set for trial prior to the arbitration proceeding, the movant filed a notice for a pretrial conference after the arbitration, and the non-movants actually participated in trial preparations and docket call after the arbitration ruling.
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| P.R.T. v. State, No. 4D04-1316,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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| Pinchuck v. Canzoneri, No. 4D05-164,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Although two transactions in a lender's complaint were claimed to be investments, the trial court should have considered the substance of the transaction and the parties' intent and determined that they were in fact usurious under Fla. Stat. § 687.071(2).
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| Real Estate World Fla. Commer., Inc. v. Piemat, Inc., No. 4D04-3490,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because there were issues of fact on the question of whether an owner was intentionally or mistakenly included in a real estate commission agreement, and as to consideration for the agreement, the trial court erred in granting summary judgment to the owner.
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| Richardson v. State, No. 4D02-4985,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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| Royal Caribbean Cruise Lines, Ltd. v. Killen, CASE NO. 3D05-2528,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 8, 2006, Opinion Filed
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| Russo Assocs. v. City of Dania Beach Code Enforcement Bd., No. 4D04-4759,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Because Fla. Stat. § 70.001(4)(a) simply imparted a pre-suit condition that an owner was required to wait 180 days after receiving a settlement offer from a city before it could file suit, the four-year statute of limitation in Fla. Stat. § 95.11(3)(f) applied; thus, the trial court erred in dismissing the owner's suit against the city as untimely.
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| Scott v. State, CASE NO. 3D04-1455,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 8, 2006, Opinion Filed
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Overview: Where State and trial court were not misled into belief that voir dire issue was being abandoned, issue was preserved despite defense counsel's failure to renew his objection before accepting panel. Defense provided race-neutral, genuine, and non-pretextual reason for striking juror, and trial court erred by denying peremptory challenge.
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