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State Courts -
Florida - February 20, 2008
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Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., Case Nos. 2D06-3720, 2D06-4582, CONSOLIDATED,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 20, 2008, Opinion Filed
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Overview: Contractor prevailed in its foreclosure suit against property owner and was awarded counsel fees; trial court reserved jurisdiction to determine amount. As contractor did not file a motion for counsel fees as required by Fla. R. Civ. P. 1.525., but simply noticed the matter for a hearing, trial court erred in awarding fees to the contractor.
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Perry v. State, No. 4D06-4291,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Defendant's convictions for kidnapping, carjacking with a firearm, sexual battery, and aggravated fleeing and eluding an officer were affirmed, but as the firearm was never fired and the kidnapping and carjacking were not separated by temporal or spatial breaks, consecutive ten-year mandatory minimum sentences (? 775.087, Fla. Stat.) were improper.
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