Florida, February, 2009, State Case law

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State Courts - Florida - February 25, 2009

Berube v. State, Case No. 2D06-5610, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 25, 2009, Opinion Filed
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Overview: Where the testimony of two witnesses who were raped by defendant did not bear any similarity to any aspect of the murder by strangulation for which defendant was being tried, and the admission of the testimony was not harmless error under ? 59.041, Fla. Stat., defendant's conviction for murder had to be reversed.

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Brigham v. Brigham, No. 3D07-2123, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Overview: Transfer of a tree farm that was an asset of a Florida land trust to an Illinois land trust violated former ? 737.403(2), Fla. Stat. as the trustee had a conflict of interest as sole beneficiary of the Illinois land trust and was required to obtain court approval prior to the transfer.

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Brown v. State, No. 4D08-3524, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 25, 2009, Decided
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Cordoba v. State, No. 4D08-4044, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 25, 2009, Decided
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De La Portilla v. State, No. 3D08-3146, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Dep't of Envtl. Prot. v. Landmark Enters., Case No. 2D08-3039, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 25, 2009, Opinion Filed
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Overview: Appointment of department as receiver and operator of abandoned wastewater treatment plant pursuant to ? 367.165, Fla. Stat. was error because statutes pertaining to department failed to provide for its function as receiver, and in so appointing the department as receiver, the trial court in effect ordered the department to act ultra vires.

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Duran v. State, No. 3D08-2565, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Griem v. Becker, No. 3D07-2320, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Overview: Trial court erred by granting summary judgment to the decedent's second wife in an adversary proceeding in probate to determine ownership of bearer shares of stock in a company founded by the decedent before his death because a number of significant legal and factual questions were unanswered regarding the transfer of the shares to the second wife.

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Gustafson v. Gustafson, No. 4D08-3941, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 25, 2009, Decided
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Hines v. State, Nos. 4D08-3142 and 4D08-3289, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 25, 2009, Decided
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