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   State Courts - Florida - February 24, 2006

  
Aguiar v. Walt Disney World Hospitality, Case No. 5D05-1013, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Summary judgment for corporation in a premises liability claim was improper where an injured person, while unsure what she slipped on, saw loose caulking where she fell, and there was evidence that the corporation knew that loose caulking was hazard. Surrounding circumstances allowed reasonable inference that exposed caulking caused fall.

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Auglink Communs., Inc. v. Canevari, Case No. 5D05-1009, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Where trustee had made a demand for attorneys' fees in his original breach of contract counterclaim, but did not explicitly request the fees in its motion to dismiss a company's amended complaint, the trustee was still entitled to the fees as the company was placed on notice of the claim and had requested attorneys' fees under the contract itself.

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Carter v. Estate of Rambo, Case No. 5D05-250, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Florida court lacked personal jurisdiction over a nursing home's manager in his individual capacity, as he did not personally operate the nursing home or that personally commit any tortious acts against the estate in Florida, but his only contact with Florida was that he signed business reports in his representative capacity.

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Doorstep Bevs. of Longwood, Inc. v. Collier, CASE NO. 5D05-3392, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: As an individual did not appear for scheduled mediation, and no motion was filed with the appeals court to excuse his appearance, the imposition of sanctions was appropriate.

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Ferguson v. Ferguson, CASE NO. 5D05-1658, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Because a former husband's Fla. Stat. § 61.14 (2004) petition to modify alimony was an attempt to reargue the issues decided by an unappealed order, the trial court acted well within its discretion in denying the petition without conducting an evidentiary hearing.

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Gelzer v. Diamond, Case No. 5D05-1853, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Because a city ordinance covering the handling of absentee ballots was not ambiguous, and its clear meaning did not require voters to mail the ballots personally, absentee ballots mailed by another person other than the voter could lawfully be counted. Hence, summary judgment on this issue was properly entered against the statute's challengers.

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Hane v. State, Case No. 5D04-1423, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Hann v. Balogh, Case No. 2D05-562, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 24, 2006, Opinion Filed
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Overview: Because an attorney's testimony consisted only of an opinion as to the legal interpretation of certain deeds, it was not admissible for expert opinion; therefore, the trial court erred in taxing costs for an expert witness fee.

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Henry v. State, Case No. 5D05-3052, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Trial court's order denying defendant's Fla. R. Crim. P. 3.850 motion was vacated, as the State conceded that documents attached to the trial judge's order did not conclusively refute defendant's claim that portions of the written plea agreement were altered by the prosecutor after defendant had signed it.

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Johnson-Gainer v. Gainer, Case No. 5D04-3158, 5D04-4302, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Because a dissolution judgment approved an ex-husband's payment of temporary support from a marital asset without adequate findings of fact and the judgment lacked requisite findings of fact as to the ex-husband's monthly income and the value of his substantial non-marital assets, the ex-wife's request for additional attorney's fees was premature.

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