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   State Courts - Florida - February 20, 2008

  
Acoustic Innovations, Inc. v. Schafer, No. 4D07-1603, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Under the doctrine of equitable estoppel, the four-year statute of limitations for oral agreements, ? 95.11(3)(k), Fla. Stat. (2006), did not bar a former employee from filing suit to obtain shares in a corporation, because the behavior of the corporation's officer caused the employee to delay filing suit.

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Andrews v. State, No. 4D06-4625, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: In burglary case (? 810.02(1)(b)1, Fla. Stat.), it was reversible error to admit hearsay testimony that victim's security guard told security director that defendant, by wearing uniform of his former employer, tricked guard into allowing defendant into a secured area, as this evidence was sole proof of an element of the crime: unauthorized entry.

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Arce v. State, No. 4D08-198, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Baptiste v. Fermenich, No. 4D06-409, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Where final judgment in favor of husband and wife exceeded 75 percent of a drivers settlement proposal, they were not entitled to attorney's fees. Under ? 768.79, Fla. Stat., only the party who filed an offer of judgment could recover attorney's fees if the offer was rejected and party who rejected offer received less than 75 percent of offer.

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Bernheim v. Broberg, No. 4D07-388, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Brumm v. Vil. of Biscayne Park, No. 3D07-1265, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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C.B. v. State, No. 4D07-2137, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Cardillo v. Qualsure Ins. Corp., No. 4D06-4422, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Because the trial court's order completed all judicial labor with regard to the declaratory relief requested, set a trial date for the underlying case, and entered instructions regarding trial preparation, it was a final judgment; thus, the insured's ? 627.428, Fla. Stat., motion for attorney's fees, filed more than a year later, was untimely.

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Clayton v. State, No. 3D06-1919, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Davis v. State, Case No. 2D07-461, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 20, 2008, Opinion Filed
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Overview: Trial court should have acquitted defendant of resisting an officer without violence under ? 843.02, Fla. Stat. While evidence was introduced that police officers had responded to a suspicious incident complaint, the State failed to present evidence showing that the officers who detained defendant were engaged in the lawful execution of legal duty.

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