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State Courts -
Florida - March 7, 2007
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Scheele v. State, No. 4D06-38,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Filed
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Overview: Because, at the plea conference, the trial court told appellant, in no uncertain terms, that he faced a maximum sentence of 28 years and 60 days, appellant could not have reasonably relied on his lawyer's supposed advice that he faced a maximum sentence of only 10 years. Appellant's Fla. R. Crim. P. 3.850 motion was properly denied.
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Simms v. State, No. 4D06-4055,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Filed
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Overview: Because the second count of an amended information did not charge that defendant discharged a firearm, he could not be sentenced under § 775.087(2), Fla. Stat., to the mandatory minimum as to that count; therefore, the trial court erred in summarily denying defendant's Fla. R. Crim. P. 3.800(a) motion to correct an illegal sentence.
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State v. Bryant, CASE NO. 1D06-2075,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 7, 2007, Opinion Filed
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Overview: Trial court erred in dismissing a charge of using paraphernalia to transport cocaine, contrary to § 893.147(4), Fla. Stat. on overbreadth and vagueness grounds, as defendant's alleged conduct was not protected by the First Amendment, and there was nothing unconstitutionally vague about the term "transport" or the manner it was used in the statute.
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Sumner Group, Inc. v. M.C. Distributec, Inc., No. 4D06-798,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Filed
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Overview: Because a company prevailed on its worthless check claim under § 68.065, Fla. Stat. (2005), an award of attorney's fees was mandatory; therefore, the trial court had no discretion to deny the award of contractual attorney's fees even though it was right to refuse a contingency risk multiplier in the company's collection case.
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Wax v. Tenet Health Sys. Hosps., Inc., No. 4D04-1673,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Decided
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Overview: Appellate court found that a hospital had a statutory duty, under § 395.1055(1), Fla. Stat., and Fla. Admin. Code Ann. R. 59A-3.2085(4), and a contractual duty of providing nonnegligent surgical anesthesia services to a patient who signed a surgical consent form, where the anesthesia services were performed by a physician the hospital retained.
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