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State Courts -
Florida - February 27, 2008
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Kositsky v. State, No. 4D07-251,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 27, 2008, Decided
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Overview: Defendant's conviction of corruption of a public official by threat, § 838.021, Fla. Stat., was reversed. The threat to slit an officer's throat if the cuffs were removed could not have had the intent of influencing the performance of an act. If anything, it would have had the opposite effect.
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MasTec, Inc. v. TJS, LLC, Case No. 2D06-5675,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 27, 2008, Opinion Filed
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Overview: As a real estate contract stated that time was of the essence, and the buyers failed to tender the purchase price to the seller on or before the closing date, it was error to grant the buyers specific performance of the contract.
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P.N. v. State, No. 3D06-3185,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 27, 2008, Opinion Filed
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Overview: State failed to prove juvenile violated Monroe County, Fla., Ordinance 2.1-5(b), by consuming or possessing alcohol on a beach. The juvenile never admitted that the beer bottle he had been holding contained alcohol, officer did not see juvenile drink from the bottle, and when given to the officer, the bottle contained only sand and salt water.
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