Florida, February, 2008, State Case law

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State Courts - Florida - February 20, 2008

Devido v. Curry, No. 4D07-692, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Echevarria v. State, No. 3D07-2150, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Ellis v. State, No. 3D07-3268, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Garcia v. Carnival Corp., No. 3D07-627, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Gibson v. State, No. 3D07-3055, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Grandview Palace Condo. Ass'n v. City of N. Bay Vill., Nos. 3D07-1844; 3D07-1980, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Overview: Because a condominium association alleged sufficient facts to support its belief that a judge was prejudiced against it, and because the judge denied the association's disqualification motion under ? 38.10, Fla. Stat. (2006) and Fla. R. Jud. Admin. 2.330, the association was entitled to a writ of prohibition.

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Heild v. State, No. 3D07-1970, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Johnson v. State, Case No. 2D07-2620, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 20, 2008, Opinion Filed
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Overview: As battery on a law enforcement officer was not a "forcible felony" for purposes of violent career criminal sentencing pursuant to ? 775.084(1)(d), Fla. Stat, the postconviction court's denial of appellant's Fla. R. Crim. P. 3.800(a) motion was reversed, and resentencing was ordered.

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Key v. State, No. 3D05-877, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Overview: Based on the State's concession that defendant's prosecution for armed robbery was time-barred, defendant's conviction and sentence for armed robbery had to be vacated, and there had to be a new sentencing hearing based on a recalculated scoresheet.

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Kravitz v. Levy, Nos. 4D06-915 and 4D06-4034, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Summary judgment in favor of the estate of a deceased executor of an estate on a breach of fiduciary duty claim was reversed; material questions of fact existed as to when or if the executor was ever discharged, and a jury had to resolve those questions before it could be determined if the statute of limitations on the fiduciary duty claim had run.

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