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| Baker v. State, Case No. 5D04-2927,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: As the trial court erred on remand by sentencing defendant on only one of three counts, remand was again ordered so that the trial court could resentence defendant on these remaining two counts.
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| Baratta v. Valley Oak Homeowners' Ass'n at the Vineyards, Inc., Case No. 2D05-2318,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: The court reversed the trial court's award of attorney fees to a homeowner's association; although the court had previously found that the association was a prevailing party, the trial court's judgment did not contain findings concerning certain factors as required for determining the reasonableness of the fees, and remand was ordered.
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| Bayfront Med. Ctr., Inc. v. Neavins, Case No. 2D05-1824,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed.
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Overview: A medical center's petition for a writ of certiorari regarding the issue of whether Fla. Const. art. X, § 15 was self-executing or required legislative implementation was rendered moot by the enactment of Fla. Stat. § 381.028 (2005), whose stated purpose was the implementation of that constitutional provision.
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| Burnett v. Clarendon Select Ins. Co., Case No. 2D05-4473,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: Homeowner's appeal from an order compelling an appraisal under the provisions of her insurance policy was dismissed for lack of jurisdiction and did not determine her entitlement to arbitration. Further, said order did not meet the requirements for certiorari relief until the circuit court entered final judgment.
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| Byrum v. Unemployment Appeals Comm'n, Case No. 2D05-1393,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: Where only one of 10 days employee was absent was shown to have been truly unexcused, the employer failed to show that the employee had been fired for misconduct within the meaning of Fla. Stat. § 443.036(29), and he should have been awarded unemployment benefits.
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| Caldwell v. State, Case No. 5D04-3509,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: Defendant's conviction for carrying a concealed weapon by a convicted felon in violation of Fla. Stat. § 790.23 was improper where an error in a jury instruction permitted the jury to convict him without deciding whether the paring knife was a "concealed weapon" as defined in Fla. Stat. § 790.001(3)(a).
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| Carter v. State, Case No. 5D04-2591,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: In a sentencing appeal of a sexual battery case, victim injury points for penetration could not be assessed on one count even if penetration did in fact occur, and under the plain language of the statutory scheme at issue, the trial judge could impose the statutory maximum of 30 years, or a life sentence, but not a term sentence of over 30 years.
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| Cataldo v. Lazy Days R.V. Ctr., Inc., Case No. 2D04-3904,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: Court of appeal declined an estate's request to create a cause of action in strict liability against a motor home dealer for selling a used motor home to the decedent that had an alledgedly defective design because a seller of used goods was not strictly liable for a design defect that ultimately injured the purchaser of the product.
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| Commer. Carriers Corp. v. Kelley, Case No. 5D06-37,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: As consolidation of four cases involving the same auto accident was impractical, due to an imminent trial in one, extensive discovery in some, but virtually none in others, and the fact that some cases were years old, while some had just been filed, the court did not err in denying consolidation. Thus, certiorari relief from the same was denied.
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