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   State Courts - Florida - February 29, 2008

  
Kahn v. Am. Heritage Life Ins. Co., CASE NO. 1D07-1513, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 29, 2008, Opinion Filed
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Kalman v. Pasco-Hernando Surgical Assocs., P.L., Case No. 2D06-4309, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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McCullough v. State, Case No. 2D06-5611, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Overview: While defendant he initially lied about identity of his accomplice to robberies, he later identified and agreed to testify truthfully against his real accomplice, if called upon by State; this was all the plea agreement required. That State chose not to call him as witness due to his damaged credibility did not mean he violated the plea agreement.

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Noyes v. Buskirk, Case No. 2D07-2323, 2D07-2806 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Oliver v. State, Case No. 5D06-2005, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 29, 2008, Opinion Filed
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Overview: Defendant was properly convicted of sexual battery on child by a person in familial authority, § 794.011, Fla. Stat., based on evidence that victims, whose father was deceased, treated him as a father figure; their mother trusted him enough to let them stay overnight at his home and go on vacation with him; and molestation occurred at his home.

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Parker v. Robin H. Parker, Case No. 2D06-2818, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Overview: Trial court's scheme of equitable distribution pursuant to § 61.075, Fla. Stat. (2005) was not supported by competent, substantial evidence because the equitable distribution summary sheet listed a duplex awarded to the former husband, which was valued at $ 400,000, but neither party identified a duplex in their financial statements or testimony.

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RGC Group, LLC v. Avant Healthcare Professionals, LLC, Case No. 5D06-3637, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 29, 2008, Opinion Filed
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Robinson v. State, Case Nos. 2D06-1916, 2D06-1918 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Overview: The trial court erred in convicting defendant of possession of a controlled substance with intent to sell or deliver within 1000 feet of a church and possession of less than 20 grams of cannabis because the trial court should have granted the motion for judgment of acquittal where the State failed to prove actual or constructive possession.

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Scott v. State, Case No. 2D07-3749, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 29, 2008, Opinion Filed
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Smith v. State, CASE NO. 1D08-0253, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 29, 2008, Opinion Filed
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