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   State Courts - Florida - March 5 - March 6, 2007

  
A.B. v. Dep't of Children & Families, Case No. 5D06-4362, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 5, 2007, Opinion Filed
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Petion v. Bradshaw, No. 4D07-625, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2007, Decided
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Overview: Petition for writ of habeas corpus to challenge the bond amount set for the charge against defendant of possession of cocaine with intent to sell was granted because under § 893.13, Fla. Stat., the degree of the crime of possession of cocaine was determined by the weight of the cocaine possessed, not the number of containers holding it.

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Alvarado v. Wackenhut Corp., CASE NO. 1D06-6001, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 6, 2007, Opinion Filed
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Overview: Judge of Compensation Claims improperly appointed a neuropsychologist as an expert medical advisor (EMA) as Fla. Admin. Code Ann. R. 59A-30.002(10) defined an EMA as a "physician" but a neuropsychologist did not fall within the definition of physician in § 440.13(1)(r), Fla. Stat.

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James W. Windham Builders, Inc. v. Van Overloop, CASE NO. 1D06-657, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 6, 2007, Opinion Filed
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Overview: Although a Judge of Compensation Claims (JCC) incorrectly interpreted § 440.13(2)(b), Fla. Stat. (2004), the employer/carrier (E/C) did not properly investigate or inform a workers' compensation claimant or a doctor about the assisted care requirements; thus, the JCC properly found that the E/C was responsible for attendant care benefits.

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Mills v. State, CASE NO. 1D05-4833, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 6, 2007, Opinion Filed
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Overview: A ten-year habitual felony offender sentence was improperly imposed on defendant as § 775.084(1)(a)(3), Fla. Stat., specifically prohibited imposition of a habitual felony offender sentence for the charge of possession of a controlled substance; defendant had been convicted of possession of cocaine.

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