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| Hernando County Sch. Bd. v. Nazar, CASE NO. 5D05-1623,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Party and counsel who failed to appear at appellate mediation without obtaining permission of appellate court were sanctioned by being made liable for paying all expenses incurred in preparing for the mediation that could not be held.
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| Hewitt v. State, Case No. 5D05-2462,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Since defendant's subjective belief that she would be arrested was irrelevant, and a reasonable person in defendant's shoes would not have believed she was going to be arrested merely because a police officer asked her to step out of her car and asked her if she had weapons or drugs on her person, the motion to suppress was properly denied.
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| Hollinger v. State, CASE NO. 1D05-4238,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Opinion Filed
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Overview: Absent an objection by the State to allow defendant a belated appeal and a right to review a judgment and sentence in his criminal action, and an agreement that he should not be denied the same based on counsel's failure to comply with the appellate procedure rules and orders rendered by the court, such was granted.
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| Holt v. Chief Judge of the Thirteenth Judicial Circuit, Case No. 2D05-4301,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 17, 2006, Opinion Filed
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Overview: Appellate court denied a public defender's petition for a writ of certiorari review of an order entered by the chief judge of a circuit court that provided for the use of electronic recording for judicial proceedings because the order was authorized by Fla. R. Jud. Admin. 2.070(g)(3).
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| Hutchison v. Chase Manhattan Bank, Case No. 2D05-1869,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 17, 2006, Opinion Filed
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Overview: Trial court erred in denying an individual's motion for relief under Fla. R. Civ. P. 1.540(b) because where the individual was never given notice of an underlying foreclosure action, the judgment in that action was void to him, and his due process rights under Fla. Const. art. I, § 9 were violated when the judgment was enforced against him.
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| Jones v. Jones, Case No. 5D04-1931,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: In dissolution case, evidence was inadequate to support trial court's decision to impute equal earning ability to wife in determining child support under Fla. Stat. § 61.30(2)(b), because trial court relied solely on fact that wife held a general contractor's license, and record revealed that the wife never earned an equal salary to the husband.
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| Keen v. Dep't of Bus. & Prof'l, Case No. 5D04-3490,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Since the facts upon which the Florida Real Estate Appraisal Board found a real estate appraiser had committed misconduct were undisputed, Fla. Stat. § 120.57(2) applied. Since the appraiser indicated that he had received notice of the hearing and did not attend, the determination was affirmed.
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| Logan v. Logan, Case No. 5D05-101,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Trial court did not err in denying husband's motion to contest registration, under Uniform Interstate Family Support Act, Fla. Stat. § 88.6071, of California child support order that established arrearages due to wife because husband did not establish affirmative defense of payment or laches where evidence showed wife diligently pursued her claim.
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| Long John Silver's/Yum! Brands, Inc. v. Holcombe, CASE NO. 1D04-5639,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Opinion Filed
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Overview: Where all parties knew compensability was disputed and that payments were being made subject to mediation settlement agreement, employer's and carrier's failure to issue denial within 120 days after response to claim pursuant to Fla. Stat. § 440.20(4) did not preclude them from denying compensability later on.
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| Marrero v. State, Case No. 5D05-2010,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Because the question of whether a front-end loader was a road machine being temporarily operated on a highway was one of fact, not of law, and a front-end loader fit within the definition of a "motor vehicle" under Fla. Stat. § 322.01(26) (2004), denial of defendant's motion to dismiss a Fla. Stat. § 322.34(5) (2004) violation was upheld.
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