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   State Courts - Florida - February 28, 2007

  
Taylor v. Richards, No. 4D06-1173, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Trial court erred in finding buyers ready, willing, and able to pay contract sum, and thus reversibly erred in granting them specific performance of contract to buy and sell condominium, as there was no evidence they obtained a binding commitment from a lender or had assets and a credit rating that enabled them to command requisite funds to close.

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Taylor v. State, No. 4D05-3300, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Trial court properly determined that, though defendant might have been unable to pay the full monthly amount of restitution ordered, he could have paid more than he did towards his restitution obligation as he did not need to spend $ 200 per month on a cell phone.

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Thompson v. Millender, CASE NO. 1D06-5637, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2007, Opinion Filed
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Underwriters at Lloyd's of London v. McCaul, No. 3D06-1407, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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Overview: Trial court erred in ruling that an insurance company had a duty to defend an insured in an underlying action, because however the underlying claim was characterized, the insured's alleged liability grew from its use of a van, and thus an automobile exclusion in a commercial liability policy acted to bar coverage.

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Univ. of Miami v. Wilson, No. 3D04-2939, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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Wilson v. Ford, No. 3D05-761, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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Overview: Because a rehearing motion could not be denied without prejudice, and the trial court lacked any authority to permit the filing of any further motion for rehearing beyond the one authorized by Fla. R. Civ. P. 1.530, the trial court properly ruled that it lacked the authority to rule on a husband's amended motion for rehearing.

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