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| Jauregui v. Bobb's Piano Sales & Serv., CASE NO. 3D05-340,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: Judgment entered by a successor judge, vacating a judgment of his predecessor in a buyer's favor for the return of the purchase price for a piano the buyer purchased, and finding instead that the buyer sustained no recoverable damages, was reversed and the original judgment reinstated, as the successor judge lacked jurisdiction to alter the order.
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| Johnson v. State, Case No. 2D04-5051,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2006, Opinion Filed
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Overview: The State conceded that trial court erred when it failed to provide written statement of grounds relied on to revoke defendant's community control and failed to properly award defendant credit for all county jail time served. Error was preserved since defendant filed motion to correct sentencing errors pursuant to Fla. R. Crim. P. 3.800(b)(2).
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| Kay's Custom Drapes, Inc. v. Garrote, CASE NO. 3D04-2972,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: In a premises liability action, absent evidence of abuse, futility, and prejudice, the trial court erred in refusing to permit a landlord leave to amend to assert a Fabre defense as such was essential when the action against the tenant was dismissed. Further, where a damages award was unsupported by the evidence, a new damages trial was granted.
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| Kinney v. R.H. Halt Assocs., Case No. 2D05-1563,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2006, Opinion Filed
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Overview: Order dismissing doctor's case against corporations for failure to pay discovery sanctions was improper where, before dismissal, doctor had performed as ordered, albeit tardily. Finding that doctor willfully disregarded orders was unsupported by specific facts existing at time of dismissal, and there was no evidence of prejudice to corporations.
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| Leighton v. First Universal Lending Group, Inc., No. 4D05-3030,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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Overview: Trial court made requisite Fla. Stat. § 542.335 findings and conclusions by finding that non-compete clause between LLC and former employee was in writing and signed by both parties, was reasonably necessary to protect legitimate business interest, and was reasonable in scope and duration. Former employee produced no evidence of LLC's breach.
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| Lightbourne v. State, CASE NO. 3D05-2952,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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| Lopez v. Lopez, CASE NO. 3D05-447,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: Trial court erred in terminating a husband's alimony obligation after he merely requested a modification because the wife was never put on notice of a termination and the husband failed to meet his burden to support a modification. On remand, and despite the default, the wife could still challenge the husband's evidence and cross-examine him.
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| Luton v. State, CASE NO. 3D03-2956,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: Where there were no objections to questions which the State asked victim, any challenge to that questioning was unpreserved for appellate review. In-court identification did not constitute fundamental error. Since there was no timely objection to trial court sitting as trier of fact on habitualization issue, point was not properly preserved.
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| McDonald v. Mauriello (In re Estate of Wejanowski), Case No. 2D04-3853,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2006, Opinion Filed
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Overview: Requiring personal representative to show monetary benefit to estate before he was entitled to reimbursement for expenses of appeal of judgment against estate narrowed definition of "benefit to the estate" to unworkable level. Payment of expenses could not have been made contingent upon prevailing on appeal since outcome was not guaranteed.
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