Florida, March, 2008, State Case law

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State Courts - Florida - March 5, 2008

Cox v. State, No. 3D08-214, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Craft v. Holloway, No. 4D06-4011, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: The circuit court's dismissal of an inmate's complaint under ? 57.085, Fla. Stat. was premature because he had not yet been adjudicated indigent. Nor would the appeals court be able to review the propriety of the trial court's order even if the inmate had been determined indigent first, as the record did not include the inmate's complaint.

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Dep't of Highway Safety & Motor Vehicles v. Boesch, No. 3D07-3145, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Overview: Suspension of motorist's license for refusing valid breath test in a DUI case was proper, as hearing officer (HO), in questioning police officer, only sought clarification of his testimony; she did not try to repair missing elements of a prima facie case. Further, under ? 322.2615(6)(b), Fla. Stat. (2006), the HO was empowered to examine witnesses.

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E. Coast Elec. v. Dunn, Nos. 3D06-2211 & 3D06-2213, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Overview: Assuming that manufacturer's act of shipping wrong end caps for a busbar to electrical contractor created dangerous situation, contractor's subsequent act of energizing busway system despite manufacturer's warning not to do so was so far beyond realm of foreseeability that manufacturer was not liable for injuries to employees who tested busbar.

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E.A.R. v. State, Nos. 4D07-1061 and 4D07-3228, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: Court sentenced juvenile to higher restrictiveness level than that recommended by Florida Department of Juvenile Justice; ? 985.433(7)(b), Fla. Stat., did not require it to specifically identify characteristics of restrictiveness level imposed vis-a-vis juvenile's needs, as it adequately provided its reasons for disregarding DJJ's recommendation.

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Ehrman v. Mann, No. 4D07-1402, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: Where fund manager moved to set aside judgment investor had obtained against him, but parties settled before court ruled, investor was not precluded by election of remedies doctrine from both pursuing investor in original action and moving to enforce settlement (which manager had repudiated), as two remedies were cumulative and not inconsistent.

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Fla. Dep't of Corr. v. Rico, No. 4D08-220, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Foonberg v. Thornhill Homeowners Ass'n, Nos. 4D06-3867 & 4D07-852, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: As a perimeter fence was installed on homeowners' property without the required approval of the homeowners association, and there was competent substantial evidence to support the finding of no selective enforcement, the trial court properly granted the association injunctive relief requiring removal of the fence.

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Gayer v. Fine Line Constr. & Elec., Inc., No. 4D06-3419, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: Worker's spoliation of evidence claim brought after ladder from which he fell while working for employer's client could not be located was properly dismissed on summary judgment as employer never obtained possession of ladder. Thus, employer had no duty under ? 440.39(7), Fla. Stat. to acquire and preserve evidence that was never in its possession.

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Gearhart-Soto v. Delsman, No. 4D07-1819, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: Chaperone's suit against school board to recover for injuries suffered while helping student injured on field trip was wrongly dismissed on summary judgment. Duty to supervise students was operational, not discretionary decision for which there was immunity. Issue of fact existed as to whether board was liable for not properly training chaperones.

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