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   State Courts - Florida - February 22, 2006

  
In re Doe, CASE NO. 1D05-6144, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 22, 2006, Opinion Filed
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Overview: Court erred in denying minor judicial waiver of parental notice of abortion based on Fla. Stat. Ann. § 390.01114(4)(c) finding she was not sufficiently mature to decide whether to terminate her pregnancy; inter alia, fact she consulted with others in whom she placed trust and had given consideration to their views was not indicative of immaturity.

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Jackson v. State, No. 4D05-105, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Appellant was not entitled to post-conviction relief pursuant to Fla. R. Crim. P. 3.850 based on a claim of ineffective assistance of counsel because the form in which he waived his right to counsel during custodial interrogation was not defective as the form contained the identical explanation of his rights as delineated in relevant precedent.

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Johnson v. State, CASE NO. 3D04-1942, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Because defendant's testimony about "cutting checks" was not false or misleading, and because the statement did not suggest that he had not committed a burglary, the trial court abused its discretion in allowing the State to cross-examine defendant on the specific nature of his prior convictions under Fla. Stat. § 90.610 (2001).

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Jones v. Muldrow, CASE NO. 1D05-3128, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 22, 2006, Opinion Filed
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Overview: Because the trial court failed to make factual findings establishing that the boundary was uncertain or in dispute or that a 1995 survey established a boundary location that was acquiesced to for the prescriptive period, the case was remanded for further proceedings.

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Kai v. Aames Capital Corp., No. 4D04-3211, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Kelly v. State, No. 4D04-4009, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: The court could impose consecutive mandatory minimum sentences for both conspiracy and trafficking of the same cocaine because Fla. Stat. § 893.135 specifically required a mandatory minimum sentence for each separate crime. Thus, there was no ineffective assistance of counsel as the prisoner was not misinformed of the penalties.

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Latin Am. Cafeteria, Inc. v. Zales Meats Distribs., CASE NO. 3D05-1008, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Given that proof of service upon a buyer's registered agent was shown, denial of a motion for relief from a default judgment was affirmed, as was the award of general damages, but an attorney-fee award was reversed as such was considered unliquidated damages, requiring notice to the defaulting party and an opportunity to be heard.

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M.S. v. Dep't of Children & Families, No. 4D05-3588, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Order terminating a mother's parental rights to a second child, despite a prior termination order against her involving her eldest son, was reversed as the record was devoid of evidence that the second child was at risk with the mother or that the mother refused services, was mentally ill, lacked stability, or could not meet the child's needs.

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Manheim Auctions Gov't Servs. v. Mejia, CASE NO. 3D04-1967, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Where auctioning service and used car agency were both bailees of car that was driven in catastrophic accident, they shared liability for deaths and injuries caused by driver of that car. New trial on non-economic damages was appropriately ordered after auctioning service rejected an additur.

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Martinez v. State, No. 4D05-2713, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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