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   State Courts - Florida - February 17, 2006

  
Austin v. Crosby, CASE NO. 1D05-5868, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Opinion Filed
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Bongiorno v. Yule, CASE NOS. 1D04-3887/1D05-1119/1D05-2736, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Opinion Filed
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Overview: Although contempt was not available in Florida to enforce equitable distribution, it was available in case of nonpayment of alimony. Therefore, it was properly used against former husband who failed to pay lump sum alimony, even though alimony was awarded only after husband failed to make share of equitably distributed property available to wife.

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C.N.H. v. State, Case No. 5D05-1392, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Since an alternative "high risk" school's plan for even-handed daily searches of all of the students and their purses constituted a neutral plan for the execution of the searches and there was a compelling governmental interest in conducting the searches, the administrative searches did not result in a violation of U.S. Const. amend. IV.

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Cunnell v. State, Case No. 2D05-5539, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 17, 2006, Opinion Filed
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Overview: Petition for writ of prohibition was granted as more than four years elapsed between date of commission of alleged offenses and service of the capias on defendant, a violation of statutes of limitations, Fla. Stat. Ann. § 775.15, and State failed to prove it had executed the capias without unreasonable delay or statutes of limitations were tolled.

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D.M. v. Dep't of Children & Families, Case No. 5D05-2885, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: The entry of the default consent in the termination of parental rights hearing was an abuse of discretion as the efforts of the mother, who lived in Arkansas and had health problems, to attend by telephone were reasonable and she should have been allowed to attend by telephone.

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F.J.R. v. State, Case No. 5D05-1625, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Defendant's conviction and sentence for possession of cocaine and resisting an officer without violence were reversed as an officer had no basis for arresting defendant for failing to return to a car that had been stopped for a traffic violation where defendant was a passenger and officer did not have a basis for ordering defendant back to the car.

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Freeman v. Phillips, CASE NO.: 1D05-763, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Decided
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Giles v. State, CASE NO.: 2D05-6191, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 17, 2006, Decided
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Gollie v. Econ River Hosp., CASE NO. 1D05-3025, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Opinion Filed
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Harris v. Sch. Bd., CASE NO. 1D05-0984, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Opinion Filed
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Overview: Trial court properly granted summary judgment to a school board as to breach of contract and promissory estoppel claims by school bus contractors, as the contract was unambiguous and did not require the board to purchase the buses in question and there was no promise on the part of the board to buy the buses.

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