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   State Courts - Florida - February 22, 2006

  
A.D. v. M.D.M., No. 4D05-2935, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Circuit court erred in releasing adoption records to an alleged biological father, as they were protected from disclosure by Fla. Stat. § 63.162(2), and because he failed to serve the Department of Children and Families, which could have asserted the confidentiality interests of the adoptive parents. But, release of the case file number was upheld.

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A.W. v. State, No. 4D04-1865, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Although the evidence supported a finding that appellant juvenile used a screwdriver to start a stolen vehicle, there was no evidence that he used it to effectuate the theft of the vehicle; since theft was not included in Fla. Stat. § 810.06, appellant was entitled to a judgment of dismissal of the charge of possession of burglary tools.

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ARI Mut. Ins. Co. v. Llaguno, CASE NO. 3D05-268, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Bode v. Bode, No. 4D05-431, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: As no evidence was presented to the circuit court that the 25-month marriage between the parties affected the employability of the wife, a Ukrainian immigrant who left a prestigious job to marry the husband, the court erred in awarding her rehabilitative alimony and an education stipend. However, an award of attorney's fees in her favor was upheld.

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Bohlander v. Robert Dean & Assocs. Yacht Brokerage, Inc., CASE NO. 3D05-1941, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: The refusal to grant the seller's motion to dismiss an action against it for lack of personal jurisdiction was improper under Fla. Stat. § 48.193 where the record showed that the seller did not have sufficient contacts with Florida to meet due process requirements. The services rendered in the sale of the yacht were not performed in Florida.

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Brifiel v. State, No. 4D05-4210, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Byrd v. State, Case No. 2D05-4185, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 22, 2006, Opinion Filed
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C.G. v. Guardian Ad Litem Program, No. 4D05-2301, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Because no failure of fundamental fairness occurred and was there no suggestion of fraud or duress in an adoption entity's failure to pursue the original expected placement, a mother's consent to the adoption of her child and her surrender of the child were valid under Fla. Stat. §§ 63.2325, 63.082(4)(b).

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Caldwell v. Caldwell, CASE NO.: 1D04-4888, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 22, 2006, Opinion Filed
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Overview: A judgment denying a husband's motion to vacate and set aside the parties' final judgment of dissolution of marriage was affirmed; even though the trial court's reasoning was erroneous, the trial court reached the correct result, and by entering a general appearance without contesting personal jurisdiction, the husband waived this defense.

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Casas v. Siemens Energy & Automation, Inc., CASE NO. 3D04-742, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Intentional tort exception to worker's compensation immunity was inapplicable because punch press had been in use for at least 10 years before employee was injured and there was no evidence that he was inadequately trained to use press or that employer had actual knowledge that press lacked any point of operation guards in place for its safe usage.

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