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| Mashan Contrs., Inc. v. Bailey, CASE NO. 3D04-2052,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Because a contractor sued to foreclose a construction lien and lost, the owners prevailed on the claim and were entitled to prevailing party attorney's fees under Fla. Stat. § 713.29 (1999) for the time reasonably expended in defending against the claim.
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| Medina v. Fla. E. Coast Ry., L.L.C., CASE NO. 3D04-1391,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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| Nelson v. City of Sneads, CASE NO. 1D05-2067,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 22, 2006, Opinion Filed
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Overview: Because there were disputed questions of fact as to whether terminated police chief waited an unreasonably long time before suing city and whether the city knew that the chief was likely to file a lawsuit, summary judgment should not have been granted in city's favor on grounds of laches.
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| Perkowski v. State, No. 4D05-217,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Defendant was improperly sentenced in 1991 for offenses committed in 1988 where the trial court included convictions for 1990 Pennsylvania offenses in defendant's scoresheet; pursuant to Fla. R. Crim. P. 3.701(d)(5), subsequently committed offenses could not be included as part of defendant's "prior record."
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| Posner v. Walker, CASE NO. 3D04-1796,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Since a decedent had not taken any of the drugs prescribed by the doctor prior to her overdose, the doctor was entitled to judgment as a matter of law because the decedent's spouse and son failed to establish that any alleged breach in his standard of care more likely than not caused or contributed to the decedent's death.
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| Premier Developers III Assocs. v. City of Fort Lauderdale, No. 4D05-642,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: While commissioners did not discuss meaning of ordinances in denying site plan application, they discussed code requirements and whether project satisfied the neighborhood compatibility requirements. The trial court did not consider matters outside the record, and properly denied a developer's certiorari petition for review of the denial.
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| Redland Estates, Inc. v. Lynn, CASE NO. 3D04-1093,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Because it was clear on the face of a buyer's complaint that both parties expressly agreed to the release of certain escrowed money prior to the time each disbursement was made, the counts against an escrow agent were properly dismissed since no version of the facts would support a claim against her.
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| Rehm v. State, CASE NO. 3D04-3247,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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| Rich v. Spivey, CASE NO. 1D05-3723,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 22, 2006, Opinion Filed
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Overview: Because a list of real and personal property with a civil theft victim's own valuation of each item in the victim's complaint did not constitute a well-pleaded allegation of fact that could be deemed admitted by the individuals' failure to deny it, the trial court properly required a hearing to determine damages.
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