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   State Courts - Florida - February 15, 2006

  
Allstate Ins. Co. v. Swain, CASE NO. 3D05-2750, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: Since issue of declaratory judgment case was construction of insurance contract, documents and information requested from insurance company, including, inter alia, information and documents regarding drafting and marketing of umbrella policies, were unnecessary to determination of coverage issue, and order compelling production was quashed.

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Ayer v. Bush, No. 4D04-1921, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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Bank of Am., N.A. v. Cartus, CASE NO. 3D05-1531, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Bayron v. State, CASE NO. 3D05-2762, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: While defendant's agreement to be sentenced as a habitual offender waived any claim of deficiency regarding any notice of habitualization, remand was granted on his ineffective assistance of counsel claims as the record failed to conclusively demonstrate that he was not entitled to relief.

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Brown v. State, Case No. 2D05-3570, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2006, Opinion Filed
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Buigues v. State, No. 4D04-4007, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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Overview: Because a confidential informant was not a law enforcement officer, he was not acting under the "color of office" when he contacted defendant in one county to arrange for a drug transaction in another county; therefore, defendant's due process rights were not violated and the trial court properly denied his motion for postconviction relief.

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Carter v. State, CASE NOS. 3D04-2877, 3D04-2873, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Cole v. State, CASE NO. 3D05-1166, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Crundwell v. State, Case No. 2D04-3036, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2006, Opinion Filed
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Overview: Trial court erred in resentencing defendant, after granting his motion to correct a sentencing error, filed pursuant to Fla. R. Crim. P. 3.800(b)(2), as it was error to impose a concurrent habitual felony offender sentence with a prison releasee reoffender sentence.

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Del Pino v. Arrow Air, Inc., CASE NO. 3D05-2274, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: An employee's actions did not amount to misconduct sufficient to support the denial of unemployment benefits as defined by Fla. Stat. § 443.036(29) where, when the employee refused to sign a warning which included a two-day suspension, the employer fired him, thereby converting the sole warning into a termination.

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