Florida, February, 2004, State Case law

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State Courts - Florida - February 19, 2004

Brookwood-Extended Care Ctr. of Hialeah Gardens, LLP v. Agency for Health Care Admin., CASE NO. 1D03-654, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2004, Opinion Filed
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Brown Distrib. Co. v. Marcel, CASE NO. 4D04-388, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 19, 2004, Opinion Filed
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Overview: The employer's petition for certiorari was dismissed for lack of jurisdiction. The employer failed to demonstrate that production of the billing records would cause irreparable injury.

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City of Hollywood v. Cappozzia, CASE NO.: 1D02-4010, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2004, Opinion Filed
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Overview: The order of the Florida Judge of Compensation Claims, which granted temporary disability benefits to the claimant, was reversed because the record lacked evidence that the claimant experienced a wage loss causally connected to a compensable injury.

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Cole v. State, CASE NO. 1D02-2103, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2004, Opinion Filed
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Overview: Defendant's motion for mistrial was made after a timely objection, immediately following the State's closing argument, and prior to the jury being given instructions. Thus, it satisfied the purpose of the contemporaneous objection rule.

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Crow v. State, CASE NO. 1D03-3404, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2004, Opinion Filed
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Overview: Procedural rule, but not statute, entitled inmate to postconviction DNA test to support his self-defense claim; court erred in denying his motion for DNA test since rule did not violate separation of powers provision of Florida Constitution.

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Dinkins v. State, CASE NO. 1D03-5000, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2004, Opinion Filed
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Dobrin v. Fla. Dep't of Highway Safety & Motor Vehicles, No. SC02-2540, SUPREME COURT OF FLORIDA, February 19, 2004, Decided
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Overview: In determining whether an officer had probable cause to stop petitioner's vehicle, the district court erred when it used a "reasonable officer" test because it should have considered whether there was an objectively reasonable basis for the stop.

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Esquivel v. Fla. Dep't of Corr., CASE NO. 1D02-4204, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2004, Opinion Filed
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Overview: Trial court erred in dismissing appellant's mandamus petition based on not filing copies of complaint for each defendant because appellate court had previously concluded that appellant was indigent, and there was no evidence that status had changed.

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Falco v. North Shore Labs. Corp., CASE NO.: 1D03-3005, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2004, Opinion Filed
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Overview: Corporation was not entitled to discovery of certain videotapes because record did not explain why corporation could not recreate the condition of the car and the tires at the time of the accident by use of the photographs produced by injured party.

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Fryatt v. Lantana One, Ltd., CASE NO. 1D02-3872, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2004, Opinion Filed
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Overview: Trial court erred in awarding buyer $ 10,000 in damages for employee's efforts in attempting to get purchased computer system operating properly because buyer did not incur any additional expense, or suffer a loss, as a result of employee's efforts.

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