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   State Courts - Florida - February 19, 2009

  
Advanced Masonry Sys. v. Molina, CASE NO. 1D07-6540, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2009, Opinion Filed
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Overview: Finding that a workers' compensation claimant was entitled to PTD benefits under § 440.15(1)(b), Fla. Stat. was not supported by competent, substantial evidence. Claimant's testimony that he was in too much pain to attend employment interviews or to search for employment was insufficient to override medical evidence that he was capable of working.

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Altstatt v. Fla. Dep't of Agric., CASE NO. 1D08-3329, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2009, Opinion Filed
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Debose v. State, CASE NO. 1D08-2143, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2009, Opinion Filed
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Diaz v. Dep't of Children & Families, CASE NO. 1D08-3835, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2009, Opinion Filed
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Douglas v. State, CASE NO. 1D08-4143, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2009, Opinion Filed
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Duest v. State, No. SC07-162, SUPREME COURT OF FLORIDA, February 19, 2009, Decided
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Overview: As an expert's change in testimony during a resentencing hearing was not of such nature that it would probably produce an acquittal on retrial as the material elements of the testimony would have had no impact on the prisoner's intent to kill, the prisoner was not entitled to relief under Fla. R. Crim. P. 3.851.

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Fla. Bar v. Herman, No. SC07-363, SUPREME COURT OF FLORIDA, February 19, 2009, Decided
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Overview: Attorney's conduct in representing client while owning competing business, and not disclosing conflict to client's owner due to monetary concerns, violated inter alia, R. Regulating Fla. Bar 4-1.7(a) and 4-1.8(a) barring representation of client if representation presented conflict of interest, and warranted 18-month suspension from law practice.

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Foster v. State, CASE NO. 1D08-3496, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2009, Opinion Filed
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Healthcare Staffing Solutions, Inc. v. Wilkinson, CASE NO. 1D07-6539, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 19, 2009, Opinion Filed
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Overview: Trial court needed to consider in medical malpractice case alleged negligence of state regents board physicians in determining pro rata share of entire liability in medical center's contribution action against staffing company; § 768.31(2)(d), Fla. Stat. required liability of all alleged tortfeasors to be considered in making that determination.

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Howard v. Howard, No. 3D09-40, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 19, 2009, Opinion Filed
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