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| Searcey v. Searcey, Case No. 2D05-1311,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2006, Opinion Filed
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Overview: A permanent periodic alimony award of $ 492 a month to a husband was reversed; it was clear from the duration of the parties' marriage, the disparity in the parties' incomes, and the fact of the husband's severe diabetes that the trial court abused its discretion in awarding him only $ 492 a month in permanent alimony.
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| State v. Issel, Case No. 2D05-2417,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2006, Opinion Filed
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Overview: The record did not support a downward departure sentence due to "extreme duress"; although extreme duress was a mitigating factor enumerated in Fla. Stat. § 921.0026(2), the record did not show that defendant was driving while under the influence because he was coerced or threatened in any manner.
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| State v. Strawser, No. 4D05-976,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Defendant's downward departure sentence was proper because, although the trial court did not find an " isolated incident" requirement under Fla. Stat. § 921.0026(2)(j), it properly considered the facts that defendant admitted to all the offenses as charged and was remorseful and that the conduct at issue was done in an unsophisticated manner.
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| Stevens v. Americana Healthcare Corp., Case No. 2D05-5731,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2006, Opinion Filed
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Overview: While a trial judge's voluntary disclosure of his friendship with certain witnesses in a case before him was insufficient by itself to require disqualification, where the judge then went on to invite counsel to move for disqualification and say that he would grant such a motion, the judge improperly denied the motion for disqualification.
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| Strouse v. State, No. 4D03-2977,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 8, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of possession of child pornography under Fla. Stat. § 827.071(5) as new icons on his computer screen (which revealed the pornographic image) established that the image was not merely an automatically stored temporary Internet file.
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| T.B. v. Dep't of Children & Family Servs. (In the Interest of T.B.), Case No. 2D05-1100,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2006, Opinion Filed
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Overview: Trial court erred in denying father's motion to continue termination hearing and in holding that father consented to termination where father had been present for two prior noticed hearings which were continued, where no party objected to requested continuance, and where the reasons given for the father's failure to appear were not contested.
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| Tripp v. Salkovitz, Case No.2D05-1458,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 8, 2006, Opinion Filed
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Overview: Trial court's finding that estate held privilege as to all communications between corporation and guardian was overly broad. In camera inspection was to determine which documents were specifically related to the representation of ward's interest and were thus discoverable because privilege belonged to estate as the ward's successor in interest.
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| Vermeulen v. Worldwide Holidays, Inc., CASE NO. 3D04-2123,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 8, 2006, Opinion Filed
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Overview: Summary judgment was properly granted to travel agency, dismissing traveler's suit to recover for injuries sustained in car accident while he was being transported by tour operator to train station, because the record failed to show that van was operated negligently, and traveler failed to prove that operator was agency's actual or apparent agent.
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