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| Butler v. State, Case No. 2D06-3924,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 2, 2007, Opinion Filed
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Overview: While the trial court had previously reserved jurisdiction to enter restitution orders, that jurisdiction was temporarily suspended during defendant's appeal of the convictions and sentences; consequently, the postconviction court erred in denying defendant's Fla. R. Crim. P. 3.800(a) motion to correct the sentence.
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| Corbo v. Garcia, Case No. 2D06-4222,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 2, 2007, Opinion Filed
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Overview: Therapists were granted certiorari relief entitling them to dismissal of a patient's negligence complaint, as the patient failed to comply with the medical malpractice pre-suit screening requirements, given evidence that her injuries were alleged to have occurred as a direct result of the use of therapy equipment in her treatment.
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| Crosby v. Fla. Parole Comm'n, CASE NO. 1D06-2743,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 2, 2007, Opinion Filed
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Overview: Inmate was granted certiorari relief from an order denying a challenge to a revocation of his conditional release supervision, as the trial court failed to find that the violation was willful. Further, the court lacked authority to impose a lien on the inmate's trust account to recover the costs and fees in filing his mandamus petition.
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| Dep't of Children & Families v. R.G., Case No. 5D06-1376,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 2, 2007, Opinion Filed
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Overview: Section 402.17(7)(a), Fla. Stat. expressly directed department to disburse money held in trust for a client to the client when he/she attained the age of 18. The trial court properly ordered that the department disburse money paid by Social Security held in trust for a child directly to the child.
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| Fla. Health Scis. Ctr., Inc. v. Elsenheimer, Case Nos. 2D06-0657, 2D06-1159, 2D06-1663, CONSOLIDATED,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 2, 2007, Opinion Filed
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Overview: Due to a lack of specificity in a hospital's motion to transfer venue on forum non conveniens grounds, such was properly denied. Further, the court's second certification order was reversed, as no evidence of commonality or typicality was presented. Hence, the matter was remanded for an evidentiary hearing on these issues.
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| Grant v. Dep't of Revenue ex rel. Willis, CASE NO. 1D06-4097,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 2, 2007, Opinion Filed
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| H & M Hearing Assocs., LLC v. Nobile, Case No. 2D06-2184,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 2, 2007, Opinion Filed
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Overview: In a suit seeking, inter alia, injunctive enforcement of a non-compete agreement under § 542.335(1)(j), Fla. Stat., although trial court could have found absence of irreparable harm because former employee quit working at competing business before hearing, trial court did not address if funding and guaranty constituted an ongoing violation.
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| HCA Healthcare Corp. v. Mannarino, CASE NO. 1D06-6315,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 2, 2007, Opinion Filed
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| Halm v. State, Case No. 2D06-137,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 2, 2007, Opinion Filed
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Overview: Trial court in a murder case properly denied defendant's motion to suppress statements made to a friend, who was working as an agent for the State, while defendant was incarcerated. The false friend's conversations with defendant did not constitute custodial interrogation within meaning of Miranda, and no Fifth Amendment violation occurred.
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