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State Courts -
Florida - February 19, 2008
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Benner v. State, CASE NO. 1D07-3069,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2008, Opinion Filed
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Overview: As trial court orally pronounced special conditions that appellant, convicted of DUI, not consume any alcohol or non-prescribed drugs during his probation, those conditions were valid. But as trial court failed to orally pronounce requirement that appellant complete substance abuse treatment program at his own expense, that condition was invalid.
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Fitzgerald v. Osceola County Sch. Bd., CASE NO. 1D07-0007,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2008, Opinion Filed
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Overview: As expert medical advisor (EMA) appointed under § 440.13(9)(c), Fla. Stat., to resolve experts' conflicting opinions was inconclusive as to whether claimant suffered from compensable respiratory condition, and, if so, whether industrial exposure caused condition, judge of compensation claims erred in denying benefits based on EMA's opinion.
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Golden W. Fin. Corp. v. Fla. Dep't of Revenue, CASE NO. 1D07-0135,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2008, Opinion Filed
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Overview: Fla. Admin. Code Ann. R. 12C-1.013(14)(j) was an invalid exercise of delegated legislative authority under § 120.52(8)(c), Fla. Stat., because it contravened policy expressed in §§ 220.131(4) and 220.13(1)(b)1, Fla. Stat., which provided for taxing affiliated group of corporations in same manner and under same rules used by the federal government.
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Goodson v. Fla. Dep't of Bus. & Prof'l Regulation, CASE NO. 1D07-1468,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2008, Opinion Filed
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Overview: Where a real estate broker requested an informal hearing on charges of statutory violations and, once disputed issues of material fact were raised, did not request that the hearing be terminated in lieu of a formal hearing as required by § 475.225(5), Fla. Stat., he waived this issue for appellate review.
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