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| Auchter Co. v. Zagloul, CASE NO. 1D06-2817,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 7, 2007, Opinion Filed
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Overview: Trial court erred as a matter of law by denying a contractor's motion to compel mediation and/or arbitration and to stay the owner's causes of action based on a contract between the parties because the mandatory mediation and arbitration provisions of the contract survived the owner's purported termination of the contract.
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| Bach v. State, No. 4D06-3851,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Filed
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Overview: Trial court did not err in denying defendant's Fla. R. Crim. P. 3.850 motion for postconviction relief, as his plea agreement to a violation of probation was not breached when the court later found him to be a sexual predator, said agreement provided for such, and the court was free to impose any sentence it could have originally imposed.
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| Barber v. State, No. 3D06-2931,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 7, 2007, Opinion Filed
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| Bean v. State, No. 4D06-2684,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Decided
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Overview: Because life felonies under § 775.087(1)(a), Fla. Stat., were not subject to habitualization, the trial court erred in enhancing defendant's § 810.02(2), Fla. Stat. (1991), sentence for use of a weapon during an assault and battery; therefore, the trial court erred in denying defendant's Fla. R. Crim. P. 3.800(a) claim of an illegal sentence.
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| Cabana v. Mayo, No. 4D06-1883,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Decided
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| Carle v. State, CASE NO. 1D06-6085,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 7, 2007, Opinion Filed
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| Carter v. State, No. 4D05-2167,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Decided
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Overview: Conviction was reversed, and the case was remanded for a new trial because the trial court erred in allowing into evidence a police report that contained an affidavit by the alleged victim as the document was hearsay under § 90.801(1)(c), Fla. Stat., and did not fit within the business or public records exception to the hearsay rule.
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| Cook v. Crazy Boat of Key West, Inc., No. 3D06-121,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 7, 2007, Opinion Filed
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Overview: Because vessel was "thrill ride" vessel available for customers who willingly went for a ride, boat trip on which passenger was injured did not involve "transporting passengers," and 46 U.S.C.S. app. § 183c(a) did not apply. In passenger's negligence action trial court did not err in granting summary judgment for corporation based on release.
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| Dessett v. State, No. 4D05-1091,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Decided
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Overview: Because statements of defendant's possible drug use that were deleted from a taped statement to the police that was played for the jury did not create misleading impressions, the completeness rule in § 90.108(1), Fla. Stat., did not require the trial court sustain defendant's objection to the deletion of those portions of the statement.
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