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   State Courts - Florida - February 13, 2006

  
Aetna Health, Inc. v. Orthopedic Assocs., CASE NO. 1D05-0924, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Bond v. State, CASE NO. 1D05-3597, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Didente v. Warner, CASE NO. 1D05-4980, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Freeman v. Dep't of Highway Safety & Motor Vehicles, Case No. 5D03-2296, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 13, 2006, Opinion Filed
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Overview: Refusal to allow holder to take driver's license picture with her face veiled did not violate Florida's Religious Freedom Restoration Act. There was no substantial burden on holder's free exercise of religion, in that holder was not compelled to engage in conduct that her religion forbade. Veiling practice was merely inconvenienced by requirement.

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L.D. v. Dobuler, CASE NO. 3D06-288, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2006, Opinion Filed
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Morrow v. State, CASE NO. 1D05-1264, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Overview: Defendant's motion under Fla. R. Crim. P. 3.800(a), alleging that his life sentence for second-degree murder was illegal, was improperly denied on a summary basis because the trial court failed to apply Apprendi, which had been decided before the mandate in the instant case issued; as a clarification of Apprendi, Blakely also applied.

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Polston v. Hurricane Island Outward Bound, CASE NO. 1D04-5457, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Overview: In absence of a pending petition filed by employee, JCC lacked jurisdiction to rule on defense that employee had made false, fraudulent, or misleading statements in connection with earlier petition filed, and voluntarily dismissed, by the employee. JCC erred in finding a violation of Fla. Stat. § 440.105(4)(b)2 on petition filed by employer.

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Schuler v. Schuler, CASE NO. 1D05-2635, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Overview: An ex-husband's appeal from a trial court's denial of his request that the trial court issue a final order in a divorce action was dismissed for lack of jurisdiction because the order was neither final nor an appealable non-final order.

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V.D. v. Dep't of Juvenile Justice, CASE NO. 1D06-0173, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Overview: The juvenile's petition for a writ of habeas corpus, alleging that he was improperly placed in secure detention pending his adjudicatory hearing, was denied because consideration of the police report in determining whether to detain the juvenile was proper under Fla. R. Juv. P. 8.010(f)(2).

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Wood v. Fla. Rock Indus., CASE NO. 1D05-1551, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 13, 2006, Opinion Filed
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Overview: Claimant's counsel was not entitled to more than the fee percentage allowed in Fla. Stat. § 440.34 (2003), as said amount was determined to be reasonable by the legislature, and neither the parties' stipulation nor the Florida Rules of Professional Conduct could trump that determination.

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