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   State Courts - Florida - February 17, 2006

  
McMonigle v. McMonigle, Case No. 2D04-2838, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 17, 2006, Opinion Filed
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Overview: Appellate court reversed an award of attorney fees awarded to defendant pursuant to Fla. Stat. § 57.105 in plaintiff's civil action to recover money he believed defendant owed their father's estate because even if plaintiff did not have standing to bring the claim, the factual issues in the case were actionable.

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Nolet v. State, CASE NO. 1D05-6146, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Opinion Filed
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Overview: Because a prohibition proceeding was appropriate only to review the legal sufficiency of an order denying a discharge under the speedy trial rule, and not to determine disputed issues of fact or to review the sufficiency of the evidence on which the order denying discharge was based, an accused's petition for a writ of prohibition was denied.

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Park v. City of W. Melbourne, Case No. 5D05-2226, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Trial court erred in concluding that former police officer's complaint seeking reinstatement and back pay against the city was barred by the doctrine of judgment by estoppel based on the trial court's earlier denial of the officer's petition for writ of mandamus because there had been no adjudication on the merits in the mandamus proceeding.

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Pressley v. State, CASE NO. 1D04-0890, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 17, 2006, Opinion Filed
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Rios v. State, CASE NO. 5D04-3923, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Second-degree murder conviction was upheld as (1) any error in denying an acquittal on charges of conspiracy and accessory after the fact to first-degree murder was harmless; (2) defendant would not have proceeded differently even if a timely ruling on the motion had been entered; and (3) the verdict was not against the weight of the evidence.

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Rohn v. State, Case No. 5D05-3729, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Decision Filed
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Scott v. State, Case No. 5D04-3867, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Appellate court reversed a trial court's denial of defendant's motion for the return of his property, as defendant testified that it was his personal property and not the fruit of criminal activity and the State's attorney's statements that the police did not have the property was insufficient.

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Seminole County v. Tivoli Orlando Assocs., Case No. 5D05-684, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Trial court erred in granting real estate developer's motion for class certification because developer did not properly allege or prove the elements required for certification under Fla. R. Civ. P. 1.220, and certification order was defective where it contained conclusory statements and no detailed findings of fact as required by Rule 1.220(d)(1).

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Simpson v. Estate of Simpson, Case No. 5D05-333, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Probate court abused its discretion in finding that the decedent's nephew, who was also the personal representative's nephew, was not a reasonably ascertainable creditor of the decedent's estate, by addressing the merits of his claim, and thus, denying him the right to fully litigate the validity of that claim in an independent action.

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Stafford v. Don Reid Ford, Inc., Case No. 5D05-2413, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 17, 2006, Opinion Filed
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Overview: Summary judgment in favor of the company was granted because after defendant pled guilty to defrauding the company of $50,000 or more, the company could rely on Fla. Stat. §§ 772.14 and 775.089(8) to support its summary judgment motion.

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