Florida, February, 2008, State Case law

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State Courts - Florida - February 29, 2008

Bellamy v. State, Case No. 2D06-594, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Overview: Defendant's convictions for second-degree murder and attempted second-degree murder were reversed; while the State's evidence may have proved an impulsive overreaction to an attack or injury, it was insufficient to prove ill will, hatred, spite, or evil intent so as to fall under ? 782.04(2), Fla. Stat. (2004).

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Biddle v. Ellis, Case No. 5D07-1923, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 29, 2008, Opinion Filed
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Briggs v. Bradshaw, No. 4D08-760, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 29, 2008, Decided
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Burley v. Gelco Corp., Case No. 5D06-1995, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 29, 2008, Opinion Filed
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Overview: Lessors failure to provide lessee's guarantor with notice of sale of leased vehicles as required by ? 679.611, Fla. Stat., raised presumption that the sale was conducted in a commercially unreasonable manner. As the lessor's affidavit did not rebut that presumption, the lessor was not entitled to summary judgment on the damages issue.

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Burnstine v. Townley, Case No. 5D06-4412, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 29, 2008, Opinion Filed
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Overview: Father filed exceptions to general magistrate's report concerning his income. Trial court denied father due process by denying his request for an evidentiary hearing under Fla. Fam. L.R.P. 12.490(f), and erred in calculating child support based on evidence of insufficiently established income not shown to be consistently available to the father.

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Butts v. State, Case No. 2D07-776, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Overview: Trial court erred in allowing a victim's widow to testify because admission of portions of the widow's testimony--specifically that she had settled with defendant's insurance company for $ 50,000--was harmful, reversible error where the clear implication was that someone else had investigated the facts and had determined that defendant was liable.

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Dunlap v. CSR Rinker Transp., CASE NO. 1D06-6631, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 29, 2008, Opinion Filed
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Overview: Florida Judge of Compensation Claims did not err in denying claimant's claim that transport company was his statutory employer under ? 440.10(1)(b), Fla. Stat. because there was no evidence that transport company was performing a contractual obligation for any third party when it took its trailers to the claimant's employer for mechanical repairs.

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Engelke v. Athle-Tech Computer Sys., Case No. 2D06-3133, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Decided
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Engelke v. Athle-Tech Computer Sys., Case No. 2D06-3133, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Overview: Although the evidence showed brothers were unjustly enriched by receiving money for software sales properly payable to a manufacturer, to extent that the settlement of the manufacturers unjust enrichment claims against corporations represented payments made to the brothers, the manufacturer improperly received a double recovery.

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Janeski v. Janeska, Case No. 2D07-2914, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Overview: Trial court erred in granting writ of bodily attachment based on former husband's failure to comply with previous court order regarding alimony because trial court did not comply with Fla. Fam. L.R.P. 12.615. It simply relied on prior findings and prior purge amount and presumed the husband continued to have the present ability to pay that amount.

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