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| Quarantello v. Leroy, Case No. 5D06-2340,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 15, 2008, Opinion Filed
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Overview: As ¿ 316.613(3), Fla. Stat. (1999), did not bar admission of evidence of failure to use proper child passenger restraint in negligence suit brought by guardian of injured child against caretaker who allegedly failed to secure the child in such device before auto accident, caretaker had not been entitled to summary judgment.
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| RBC Ministries v. Tompkins, Case No. 2D07-256,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2008, Opinion Filed
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Overview: As personal representative was beneficiary, had confidential relationship with testator, and failed to prove she was not active in procuring will, she did not show that presumption of undue influence had not arisen. Therefore, contestant's petition to revoke probate under ¿ 732.5165, Fla. Stat., should not have been dismissed on summary judgment.
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| Schreiber v. State, Case No. 2D06-2529,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2008, Opinion Filed
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Overview: In theft prosecution, detective testified that defendant told him that, to show her honesty, she told alleged victim, her boss, that she was on probation. As defendant had not testified that she made those statements, they were not admissible under "completeness rule," ¿ 90.108(1), Fla. Stat., and prejudice to defendant entitled her to new trial.
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| Sheeler v. State, Case No. 5D07-3427,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 15, 2008, Opinion Filed
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Overview: Order denying defendant's Fla. R. Crim. P. 3.800(a) motion, which sought additional jail time credit, was reversed; trial court failed to attach defendant's judgments and sentences and due to the sparseness of the record, the State agreed that it could not discern if defendant was awarded credit for all time served before defendant was sentenced.
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| State v. Perkins, Case No. 5D07-1318,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 15, 2008, Opinion Filed
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Overview: By entering not guilty plea, under Fla. R. Crim. P. 3.140(g), defendant waived his right to object to any technical defects in information charging him with felony driving while license suspended; further, in signing the information, prosecutor could rely on the certified copy of defendant's driving record and the affidavit of arresting officer.
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| Watts v. State, Case No. 2D06-2264,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2008, Opinion Filed
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Overview: County court costs and court facilities surcharge, imposed under ¿¿ 939.185(1)(a), 318.18(13)(a), Fla. Stat., respectively, were stricken from defendant's sentences on various criminal charges because defendant committed his crimes before the 2004 effective dates of the two statutes.
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| Woods v. State, Case No. 5D08-54,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 15, 2008, Opinion Filed
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