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   State Courts - Florida - February 15, 2006

  
Whitby v. State, CASE NO. 3D04-1770, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: Battery conviction was reversed, and the case was remanded because the trial court failed to conduct a Neil inquiry regarding the State of Florida's peremptory challenge of a juror. Additionally, questions were certified to the Florida Supreme Court regarding peremptory challenges to jurors.

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Wyeth, Inc. v. Gottlieb, CASE NO. 3D05-491, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 15, 2006, Opinion Filed
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Overview: Trial court erred in granting product user's class certification motion; she did not meet her burden of showing prerequisites of Fla. R. Civ. P. 1.220(a) had been satisfied, as she did not show the elements of commonality, typicality, and adequacy of representation had been prima facie established because individual issues of law and fact existed.

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