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| Miami-Dade County v. Cardoso, CASE NO. 3D05-313,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: Trial court erred in awarding a seller damages based on negligence, as he failed to show impact or physical injury. Vacating the jury's damage award relating to negligence might have also affected the jury's award on the false arrest and/or imprisonment claims, so awards for both negligence and for false arrest and/or imprisonment were vacated.
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| Montgomery v. Wyatt, No. 4D05-548,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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| Morton v. Polivchak, Case No. 2D05-215,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 15, 2006, Opinion Filed
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Overview: When a fraud claim was within the scope of an arbitration agreement, a claim for punitive damages based on that fraud was subject to arbitration, unless the parties agreed that punitive damages claims were not arbitrable. Thus, as the trial court erred by failing to address the arbitrability claim, an order compelling arbitration was reversed.
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| Nadeau v. State, No. 4D05-1403,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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| Northwest Med. Ctr., Inc. v. Ortiz, No. 4D04-2028,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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Overview: Though mother was admitted to hospital in an emergency condition, as the hospital failed to give her notice under Fla. Stat. § 766.316 of its participation in Florida Birth-Related Neurological Injury Compensation (NICA) Plan a reasonable time prior to delivery, although able to do so, the hospital lost the protection of NICA.
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| Obando v. Bradshaw, No. 4D05-3728,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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Overview: Defendant's emergency petition for writ of habeas corpus was denied as Fla. 4th Jud. Dist. Admin. Order 4.001-6/01(IV)(C)(2), which required that defendant be released on his own recognizance where the charges against him were "no-filed" and then refiled, conflicted with Fla. R. Crim. P. 3.131(j) and was null and void.
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| Orozco v. State, No. 4D05-622,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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Overview: Having complied with all requirements in Fla. R. Crim. P. 3.692 and Fla. Stat. § 943.0585, defendant was presumptively entitled to an order sealing her criminal record absent a finding of a good reason for denial; therefore, the trial court erred in summarily denying defendant's motion to seal the record.
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| R.M. Stark & Co. v. Spinks, No. 4D05-2147,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 15, 2006, Decided
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| Reyes v. State, CASE NOS. 3D04-3282, 3D04-2677,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: Inmate failed to establish his claim that he received ineffective assistance of counsel based on counsel's failure to call inmate to testify at his suppression hearing and failure to investigate his claim that he was beaten by police before he confessed. Even if the confession had been suppressed, there was ample evidence of inmate's guilt.
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