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| Alexander v. Alexander, No. 4D06-3694,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Trial court properly denied mother's request to relocate with her children, as it found, pursuant to former § 61.13(2)(d), Fla. Stat., that while the quality of the mother's life might improve by the move, the children's lives would not, because they would lose their close family support from their father and their grandmothers.
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| Alterra Healthcare Corp. v. Estate of Linton, CASE NO. 1D06-0986,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2007, Opinion Filed
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Overview: Provisions of an arbitration clause in a nursing home's residency agreement that eliminated punitive damages and capped noneconomic damages at $ 250,000 defeated the remedial purpose of the Florida Nursing Home Residents Act, Fla. Stat. tit. 29, ch. 400; therefore, the trial court properly found them void as against public policy.
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| Arthur v. Milstein, No. 4D07-715,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Decedent's last discernible wish as to disposition of her body was that she be buried in the Bahamas next to her son, and as trial court's finding in that regard was not essentially disputed, it controlled; thus, trial court was affirmed, even though it had erroneously relied on §§ 406.50(4), 497.005(37), Fla. Stat. in making its rulings.
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| Balkanski v. Double J of Broward, Inc., No.3D06-1184,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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| Banks v. State, No. 4D06-1393,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Because joint possession could be constructive rather than actual based on the jury instruction's special interrogatory, the requisite finding of actual possession was lacking in regard to defendant's conviction for possession of a firearm by a convicted felon under § 775.087(2)(a)1.r., Fla. Stat. Thus, the mandatory minimum sentence was vacated.
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| Berkman v. Berkman, No. 3D05-2701,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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Overview: Order requiring a father to pay $ 17,383.21 in child support arrearages was upheld on appeal, as courts could not nullify a support order issued in another state, and the amount of accrued arrearages pursuant to a Pennsylvania judgment was enforceable in Florida through the registration process, less any credits the father was entitled to receive.
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| Borda v. E. Coast Entm't, Inc., Nos. 4D06-840 & 4D06-1080,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Trial court erred in granting a lounge's motions for a directed verdict and a remittitur as to a patron's negligence action, because a parking lot where the patron was attacked was within the foreseeable zone of risk after employees of the lounge ejected the patron and two other women who had attacked the patron from the lounge.
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| C.K. v. Dep't of Children & Families, Nos. 4D06-3486 & 4D06-3578,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: While the trial court erred denying the father placement based on domestic violence and sexual abuse issues toward female minors, as an insufficient connection between such and his son was established, the Interstate Compact on the Placement of Children applied, given that the court was transferring custody to an out-of-state non-custodial parent.
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| Carnival Corp. v. Mendoza, No. 3D06-341,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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Overview: Although a shipowner's unreasonable denial of maintenance and cure rendered it liable to a former seaman for compensatory damages, the record evidence did not support an award of compensatory damages for future pain and suffering.
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