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   State Courts - Florida - February 18, 2009

  
Killins v. State, No. 4D08-2561, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 18, 2009, Decided
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Klein v. Meza, No. 3D08-1090, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 18, 2009, Opinion Filed
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Overview: Judgment of quiet title through adverse possession under § 95.18(1), Fla. Stat., in favor of the occupant of a condominium unit was reversed and remanded because the late titleholder's estate, heirs, or beneficiaries held title to the unit and were entitled to enforce the contract for deed executed by the occupant, unless performance was excused.

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Lee v. State, No. 4D08-3231, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 18, 2009, Decided
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Manley v. Tedesco, Case No. 2D08-312, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 18, 2009, Opinion Filed
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Marshall v. State, No. 4D08-4495, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 18, 2009, Decided
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Mays v. State, No. 4D07-3814, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 18, 2009, Decided
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McDonald v. State, No. 3D09-95, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 18, 2009, Opinion Filed
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Millan v. State, No. 3D08-3227, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 18, 2009, Opinion Filed
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Miller v. Preefer, No. 4D07-2930, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 18, 2009, Decided
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Overview: Business owner was denied a declaratory judgment on his claim that a covenant not to compete in a settlement agreement was void as illegal and against public policy in violation of § 542.33, Fla. Stat. (1993) (current version at § 542.335, Fla. Stat.) because the agreement was incorporated into a final judgment that the owner did not timely appeal.

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Moynet v. Courtois, No. 3D08-2296, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 18, 2009, Opinion Filed
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Overview: Default judgment against assignor of condominium purchase agreement was void, even though assignor failed to show excusable neglect in her failure to respond to assignees' complaint, because complaint failed to state a claim for, inter alia, civil theft under § 772.11, Fla. Stat. as no allegations were made of any felonious intent by the assignor.

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