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State Courts -
Florida - March 5, 2008
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M.F. v. Dep't of Children & Families, No. 4D07-3741,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: Father, who tested positive for cocaine, testified he did not use drugs in his children's presence; he provided them food, shelter, and clothing; and they were thriving. As Department of Children and Families failed to refute that testimony, it failed meet its burden under § 39.507(1)(b), Fla. Stat., to prove children were at risk of neglect.
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Olsten Health Servs. v. Cody, No. 3D07-212,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Overview: In a medical negligence case, photos of the patients pressure ulcer, taken six years after his last treatment by a nurse, were relevant to show the progression of the injury caused by the nurse's breach of standard of care, and under § 90.403, Fla. Stat. (2006), their probative value outweighed any prejudice.
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