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   State Courts - Florida - February 23, 2007

  
Blair v. State, Case No. 2D06-4079, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Dawson v. Dawson, Case No. 5D05-3529, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Dean v. State, Case No. 2D06-2983, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Overview: State's witnesses had no personal knowledge of facts needed to support finding that defendant violated probation by consuming alcohol. Testimony emanated from business records which were not introduced into evidence. There was no direct evidence regarding alleged alcohol consumption, and revocation could not have been based solely on hearsay.

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Dep't of Children & Families v. Ewell, Case No. 5D06-3725, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Dep't of Children & Family Servs. v. D.B. (In the Interest of A.B.), Case No. 2D06-1295, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Overview: Because the trial judge specifically admitted into evidence, based upon a finding of reliability, child hearsay testimony describing a sexual battery and the court never suggested that the child's videotaped testimony caused it to reject the hearsay testimony that it had found reliable, the court erred in dismissing the dependency petition.

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Dismuke v. Office of the State Atty., Case No. 5D06-2236, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Durden v. State, Case No. 2D06-3299, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Fletcher v. State, Case No. 5D06-4176, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Gauthier v. State, Case No. 5D05-4443, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Overview: Because a probation officer's hearsay evidence was insufficient by itself to support a finding that a probationer had changed his approved residence without permission, the trial court erred in revoking his probation.

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Greentree Servicing, LLC v. Decanio, Case No. 5D06-1280, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Overview: Tax deed purchaser was awarded summary judgment in a secured party's replevin action to recover a mobile home because the parcel on which the mobile home was placed, as improved, was properly classified and taxed as real property under §§ 193.075 and 320.015, Fla. Stat., and the secured party was not entitled to notice of the tax deed process.

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