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| Richardson v. State, No. 4D04-4228,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Fla. Stat. § 810.02(1)(b) and (2)(a) (2002) attempted burglary conviction was reversed where under Fla. R. Crim. P. 3.510(a), jury should not have been instructed on attempt; no version of facts allowed conclusion defendant attempted, pursuant to Fla. Stat. Ann. § 777.04(1), entry into the building and/or office and was foiled or interrupted.
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| Romo v. Amedex Ins. Co., CASE NO. 3D05-1400,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Trial court erred in dismissing action for declaratory judgment filed pursuant to Fla. Stat. ch. 86; complaint contained sufficient allegations entitling insured's estate to declaration of rights, and court erroneously treated motion to dismiss as motion on merits by concluding insurers were not required to provide coverage for an organ transplant.
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| Rose v. Hansell, CASE NO. 3D05-1015,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Because a brother was not the original owner of a condominium before conveying it into a tenancy in common with his sister, and because he did not show that a partition would result in a manifest injustice, the trial court correctly granted summary judgment to the sister and ordered their condominium sold pursuant to Fla. Stat. § 64.061(4).
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| Segura v. State, CASE NO. 3D04-2650,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: Defendant's conviction for sexual battery on a minor and lewd and lascivious molestation of a child was reversed and remanded for a new trial because the trial court improperly denied his challenge for cause to a prospective juror whose niece had been sexually assaulted as a minor and who expressed doubts about her ability to be fair.
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| Shin v. Fla. Elections Comm'n, No. 4D05-123,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: While a candidate might have been unopposed in a party primary, the definition set forth in Fla. Stat. § 106.011(15) required no opposition in the general election for the office; therefore, the candidate had to file a campaign treasurer's report of his expenditures under Fla. Stat. § 106.07(1), including his qualifying fee.
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| Somogyi v. Nevai, No. 4D05-3234,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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| Spera v. State, No. 4D04-4535,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 22, 2006, Decided
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Overview: Since trial courts did not have to deny relief with leave to amend whenever the pleading was deficient by omission and the omitted claims went beyond a simple technical failure, the trial court properly denied the prisoner's motion for post-conviction relief where the claims of ineffective counsel were legally insufficient.
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| State v. Calloway, CASE NOS. 3D04-1585, 3D04-1582,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: State was granted certiorari relief from an ex parte order excluding an interview of defendant conducted by one of his psychiatric experts from defendant's discovery obligations, and remand for a hearing was ordered. Hence, as a result of the ex parte order, the State's petition to disqualify the judge who entered the order was granted.
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| State v. Fernandez, CASE NOS. 3D04-3063, 3D04-3062, 3D04-3061,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 22, 2006, Opinion Filed
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Overview: The award of downward departure sentences to three defendants was proper pursuant to Fla. Stat. § 921.002(3) where the trial court was legally authorized to consider awarding defendants' downward departure sentences because a codefendant had received a downward departure sentence.
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