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   State Courts - Florida - March 5, 2008

  
Shell v. Schwartz, No. 4D07-1919, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Silvers v. State, No. 3D08-68, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Stanley v. State, Case No. 2D06-3656, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 5, 2008, Opinion Filed
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Overview: After revoking defendant's community control, the trial court erred in sentencing him to five years in prison, as this sentence exceeded the suspended sentences of 37.75 months originally imposed and the guidelines range in existence at his initial sentencing.

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State v. Holland, Case No. 2D07-1091, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 5, 2008, Opinion Filed
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Overview: As police found drugs in plain view in defendant's bedroom, in close proximately to her insurance card and other belongings, the State sufficiently established an element of constructive possession, dominion and control over the contraband, to survive her motion to dismiss the drug charges.

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T.W. v. Dep't of Children & Families, No. 4D07-4781, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: In a proceeding to terminate a mother's parental rights, under Fla. R. Juv. P. 8.255(d)(2)(C), trial court was not required to make any findings in support of its refusal to permit children to testify, as their attorney told the court that they did not wish to do so, and Rule 8.255(d)(2)(C) applied only where an in-camera examination had occurred.

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Tampa Elec. Co. v. Toledo, Case No. 2D07-4158, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 5, 2008, Opinion Filed
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Taylor v. Dep't of Bus. & Prof'l Regulation, Div. of Real Estate, No. 4D07-685, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: Real estate commission erred by increasing penalty imposed upon real estate associate after he had been convicted of crime of moral turpitude as commission did not comply with § 120.57(1)(1), Fla. Stat., in that it did not articulate its reasons for increasing penalty in its order and did not cite to portions of record justifying increased penalty.

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Tyrrell v. State, No. 4D05-183, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 5, 2008, Decided
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Overview: In sexual battery case, trial court ordered victim to produce dildo and certain medical records, but she never complied. Defendant's rights to due process and confrontation were not violated because it was the victim, not the State, who was ordered to produce the items, and defendant never moved to hold the victim in contempt.

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Valdez v. Homeowners Assistance Group, Inc., No. 3D07-818, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 5, 2008, Opinion Filed
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Williams v. State, Case No. 2D06-1733, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 5, 2008, Opinion Filed
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