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| Evans v. Seagraves, CASE NO. 1D05-6039,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 22, 2006, Opinion Filed
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Overview: Trial judge erred in finding probable cause justifying petitioner's continued pretrial incarceration and writ of habeas corpus was granted by appellate court because charges were not filed within time prescribed by Fla. R. Crim. P. 3.133(b) and because the State relied on nothing other than inadmissible hearsay at the adversary preliminary hearing.
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| F.D. v. State, CASE NO. 3D05-851,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: There was direct and physical evidence of a juvenile charge of possession of a weapon on school property, under Fla. Stat. § 790.115, where State introduced knife and there was testimony that, as appellant exited school cafeteria, the knife fell from appellant's pocket. Thus, State was not required to rebut any reasonable hypothesis of innocence.
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| Ferguson v. State, No. 4D05-420,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Because constructive possession of recently stolen property supported a jury instruction on the presumption arising from possession of stolen property, and a detective's explanation of the events leading up to defendant's admission was an adopted admission under the hearsay exception in Fla. Stat. § 90.803(18)(b), the trial court did not err.
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| Fuente v. Southern Ocean Transp., CASE NOS. 3D04-3284, 04-2611,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Court reversed an order denying a driver's motion for leave to file a counterclaim against parties involved with a collision with the driver where the trial court initially failed to rule on the driver's motion and then subsequently denied it and also granted summary judgment against her in a different action involving the same facts.
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| Garcia v. Dennis Roofing, Inc., CASE NO. 3D05-1575,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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| Guardian Ad Litem Program v. J.D., CASE NO. 3D05-1374,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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| Harrington v. Estate of Batchelor, CASE NO. 3D04-1966,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Since there was no dispute that a settlement agreement was executed settling one of the claims described in the parties' fee agreements before the attorneys' representation was terminated, they were entitled to the agreed-upon contingency fees.
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| Hawley v. State, No. 4D05-4334,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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| Holitzner v. Holitzner, No. 4D05-440,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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