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   State Courts - Florida - February 23, 2007

  
Higgs v. State, Case No. 2D06-1193, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Overview: Although the pleadings and the evidence adduced at trial supported a lesser-included offense instruction under Fla. R. Crim. P. 3.510(b), because the jury declined to exercise its "pardon power" by convicting defendant of a violation of § 316.1935(1), (2), Fla. Stat. (1995), the trial court's refusal to give the requested instruction was harmless.

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Holden Cove, Inc. v. 4 Mac Holdings, Inc., Case No. 5D07-2, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Lee v. Shaw, Case No. 5D06-1046, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Matias v. Matias, Case No. 2D05-4721, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Overview: In a dissolution action, because the parties' children had been separated and living in the primary residence of their respective parents for more than four years, the trial court properly continued the separation; however, the detailed evidence necessary to make a proper child support calculation under § 61.30, Fla. Stat. (2005), was overlooked.

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Progressive Express Ins. Co. v. Schultz, Case No. 5D06-444, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Overview: The use of a multiplier failed as there was no evidence that the insured had any difficulty obtaining competent counsel to represent him in the PIP suit and it was a fairly unremarkable contract case involving a dispute over $ 1,315. Thus, the award of attorney's fees of $ 193,750 was not reasonable under § 627.428(1), Fla. Stat.

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Rollins v. State, Case No. 2D06-397, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Overview: Because there was no evidence that a probationer knew that a hotel's parking area was a place where drugs were unlawfully sold, dispensed, or used, the police did not have probable cause to arrest him for violating a condition of his probation; therefore, the cocaine found during a search incident to that arrest should have been suppressed.

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Rudd v. State, Case No. 5D06-2341, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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State v. Ballard, Case No. 2D07-407, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Overview: Comments made by a trial court judge regarding suitability of death penalty in accused's case could have reasonably led the State to conclude that the trial court judge had prejudged the issue of whether it was appropriate to impose the death penalty in the case. Trial court was directed to grant State's Fla. R. Jud. Admin. 2.330(f) motion.

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State v. Woldridge, Case No. 2D06-2466, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 23, 2007, Opinion Filed
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Overview: Because an internet service provider was the only tipster, and its compliance with a federal law mandating that it report defendant's activities to National Center for Missing and Exploited Children provided a presumption of reliability akin to that afforded a citizen informant, the trial court erred in finding there was no probable cause.

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Wilson v. State, Case No. 5D06-931, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Overview: Defendant's motion to suppress evidence was properly denied as a greenhouse in his backyard did not lie within the curtilage of his residence; therefore, the actions of sheriff's agents in approaching and peering into the greenhouse did not infringe upon any Fourth Amendment right. Defendant also then voluntarily consented to a warrantless search.

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