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   State Courts - Florida - February 28, 2007

  
Cedillo v. State, No. 4D05-804, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Because the State made an accusatory implication established by a detective's hearsay testimony a significant feature of the trial in order to link defendant to the crime by having the detective testify as to the victim identifying defendant, in violation of § 90.801(1)(c), Fla. Stat., defendant's convictions were reversed.

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Cole v. State, CASE NO. 1D05-5481, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2007, Opinion Filed
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Cutler v. Cutler, No. 3D04-3070, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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Overview: Because a decedent had a life estate in her home and occupied it continuously before her death pursuant to the right provided to her in an irrevocable trust, she was an "owner" of the home for purposes of devising the homestead protection on her death to her daughter pursuant to Art. X, § 4(b), Fla. Const.

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Dawson v. State, No. 4D05-1189, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: The State's failure to disclose the address or means of contacting a confidential informant was not a fundamental error requiring the sua sponte dismissal of the charges as there was no showing of willfulness and the defense never really objected to the failure to provide the address.

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Eichelberger v. State, Case No. 2D05-3630, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 28, 2007, Opinion Filed
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Overview: Defendant's convictions for three separate counts of aggravated stalking violated the constitutional guarantees under U.S. Const. amend. V and Fla. Const. art. I, § 9, against double jeopardy as the State did not present evidence of any break in defendant's course of conduct that would mark the end of one series of acts and the start of another.

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Fabel v. Masterson, No. 4D05-4395, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Trial court erred in excusing the buyers from complying with requirements of a land sales contract because of an active lis pendens on the subject property, as the buyers breached the contract twice, the seller had a right to cure any defect, and the contract outlined remedies if the seller could not convey marketable title by the closing date.

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Felton v. State, No. 4D05-1176, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Defendant's conviction for false imprisonment and other crimes was reversed, because the trial court erred in precluding defendant from cross-examining the victim concerning her methadone use at the time of the incident, as the victim's methadone use fell under one of the permissible uses of drug use to impeach a witness.

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Forman v. State Dep't of Children & Families, No. 4D06-1770, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Freedom Life Ins. Co. of Am. v. Wallant, No. 4D06-4610, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Plaintiffs' motion to dismiss an insurance company's second motion to compel arbitration was granted, because § 682.03(1), Fla. Stat. (2005), did not authorize multiple motions to compel arbitration, and the essential nature of arbitration suggested that multiple attempts to assert it were not coherent with the right.

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Gadea v. Star Cruises, Ltd., No. 3D05-2300, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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Overview: As mere presence of ship owner's subsidiary in Florida did not subject the owner, a foreign corporation, to long-arm jurisdiction, and there was no evidence the owner exercised a high degree of control over the subsidiary, employee allegedly injured on owner's ship failed to establish long-arm jurisdiction over owner under § 48.193(2), Fla. Stat.

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