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State Courts -
Florida - February 23, 2007
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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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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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