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   State Courts - Florida - February 22, 2008

  
Balsinger v. State, Case No. 2D07-947, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because the trial court did not advise defendant of the alleged probation violations, and because defendant did not make a knowing waiver of hearing or a knowing admission of any violation, defendant was not afforded the due process required by ? 984.06(2), Fla. Stat. (2006).

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Crawford v. State, Case No. 2D07-963, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because the only evidence that defendant had changed his approved residence without permission was a community control officer's hearsay testimony, the trial court's finding that defendant violated that condition of his community control could not stand.

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Ell-Cap v. Naples Estates Homeowners Ass'n, Case No. 2D07-508, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Individual mobile home owners could not be certified as a class in an action alleging a right of first refusal to purchase a mobile home park by a mobile homeowners' association because only the association had a statutory right of refusal under ? 723.071(1)(b), Fla. Stat. as a corporation under ? 723.075, Fla. Stat.

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Ell-Cap v. Naples Estates Homeowners Ass'n, Case No. 2D07-508, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Decided
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Frantz v. Shedden, Case No. 2D07-3700, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Denial of eye clinic's motion to compel arbitration in malpractice case was error because patient failed to establish that he did not have meaningful opportunity to review arbitration agreement and accept or reject it before he signed. There was nothing unreasonable or unfair about the agreement, which essentially tracked ? 766.207, Fla. Stat.

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Humphrey v. State, Case No. 2D06-1093, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because records obtained from a cellular telephone company, which simply reflected the time, date, length, and location of a telephone call, were not communications falling within the purview of the husband-wife privilege in ? 90.504, Fla. Stat. (2003), the trial court correctly denied defendant's motion to suppress.

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Markovich v. Markovich, Case No. 2D06-4434, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because a trial court's dissolution judgment contained no indication of the hours worked by the former wife's attorney or the hourly rate accompanied by the trial court's determination of the reasonableness of the hours worked and the rate charged, the award of attorney's fees had to be reversed.

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May v. State (In re May), Case No. 2D07-3965, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because civil commitment proceedings under the Jimmy Ryce Act, ch. 394, pt. V, Fla. Stat. (2007), implicated a petitioner's constitutionally recognized right to liberty, the proper vehicle for belated review of the order was to file a petition with the trial court for writ of habeas corpus and not a belated appeal under Fla. R. App. P. 9.141(c).

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Mordenti v. State, Case No. 2D05-4407, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: Because the trial court erred in excluding statements made by the murder victim's husband, who was also deceased at the time of trial, and because such statements, if believed by the jury, would exonerate defendant, defendant was entitled to a new trial.

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State v. Clark, Case No. 2D06-3231, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2008, Opinion Filed
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Overview: As first-time informant had motive to set up drug buy (to obtain leniency on pending charges); she provided detailed description of defendant and truck he drove; and detective overheard phone conversation in which defendant agreed to deliver drugs to informant, when defendant arrived at site she designated, police had probable cause to arrest him.

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