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| Larkin v. Buranosky, Nos. 4D07-1050 and 4D07-1747,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: Because unincorporated associations lacked the capacity to be sued in their own names under ¿ 106.022(1), Fla. Stat., the trial court properly held that two unincorporated associations had to be sued in the names of individual members rather than in their own name.
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| Mason v. State, No. 3D07-1117,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Overview: As the record failed to conclusively refute appellant's claim of newly discovered evidence, made in a Fla. R. Crim. P. 3.850 motion, Fla. R. App. P. 9.141 required a reversal of the summary denial of the motion so that an evidentiary hearing could be conducted on appellant's claim of actual innocence.
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| Menendez v. State, No. 3D07-1750,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 20, 2008, Opinion Filed
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Overview: Trial court erred in denying Fla. R. Crim. P. 3.800 motion to correct an illegal sentence based on a finding that an inmate was ineligible for parole; the State conceded that the inmate's murder and robbery sentences were parole eligible and the state supreme court had previously mandated a sentence with a possibility of parole after 25 years.
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| Newman v. State, No. 4D06-4874,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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Overview: The imperfections in the trial court's jury instructions did not rise to the level of fundamental error. The court took care in correcting its misstatements and accurately instructed the jury on the elements of the crimes charged and the applicable lesser included charges. Defendant's convictions for sale of cocaine and other crimes were affirmed.
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| Nix v. State, No. 4D08-230,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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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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| Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., Case Nos. 2D06-3720, 2D06-4582,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 20, 2008, Decided
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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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| Pineiro v. Law Firm of Franklin & Criscuolo, No. 4D05-4589,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 20, 2008, Decided
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