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   State Courts - Florida - February 25, 2009

  
J.C. v. Dep't of Children & Family Servs. (In the Interest of G.C.), Case Nos. 2D08-1409, 2D08-1416 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 25, 2009, Opinion Filed
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Overview: As the parents remedied the lack of housing, which was the original reason why the children were first sheltered and then adjudicated dependent, their rights should not have been terminated under § 39.806(1)(e), Fla. Stat.

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Jones v. State, No. 4D08-1603, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 25, 2009, Decided
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Nicolas v. State, No. 3D06-3170, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Perdomo v. State, No. 3D09-132, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Plaut v. Norwegian Cruise Line, Ltd., No. 3D07-2089, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Overview: As a cruise line's defense was based upon an injured person's admissions that she was not looking where she was going, the court did not abuse its discretion by denying her motion for new trial based upon an improper reference to a neighbor's statement as any impermissible suggestion before the jury was harmless under.§ 59.041, Fla. Stat.

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Richard Rd. Estates, LLC v. Miami-Dade County Bd. of County Comm'rs, No. 3D08-1400, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Overview: Continuing an agricultural zoning designation for owner's property resulted in impermissible "reverse spot zoning," because indisputable evidence was that (a) previous agricultural nature of area no longer prevailed, so that (b) surrounding property was now used as permitted either by estate zoning or, if anything, even more liberal zoning.

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Sanpedro v. State, No. 3D08-1143, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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Sibley v. Sibley, No. 3D06-1057, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 25, 2009, Opinion Filed
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State v. Smith, Case No. 2D07-5999, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 25, 2009, Opinion Filed
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Stewart v. Walker, No. 4D08-838, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 25, 2009, Decided
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Overview: The trial judge erred in determining that the father had no standing based on § 744.301(1), Fla. Stat. because the father had formally acknowledged his paternity and acted as a father to the child in both an economic and emotional sense.

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