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| Blanton v. State, Case No. 5D05-3786,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Overview: Defendant's convictions for aggravated battery with a firearm and unlawful possession of a firearm while engaged in a criminal offense were reversed, as the latter was subsumed by the former, and conviction of both violated his double jeopardy rights. Further, the trial court erred in instructing the jury on the justifiable use of force.
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| Brewer v. State, Case No. 5D06-3948,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Overview: Trial court improperly summarily denied appellant's Fla. R. Crim. P. 3.800(a) motion to correct an illegal sentence because it failed to attach documents from the record to refute appellant's claim that she should not have been sentenced to more than 40 years on a second degree murder charge as that exceeded the statutory maximum in place in 1994.
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| Collado v. Pavlow, Case No. 5D06-694,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Overview: Trial court abused its discretion in adopting a general magistrate's report and recommendation without affording a personal injury plaintiff an opportunity to be heard, warranting remand. Further, on remand, the trial court was to determine whether her counsel had a clear and unequivocal authority to settle the action on her behalf.
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| Dixon v. State, Case No. 2D06-3288,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 9, 2007, Opinion Filed
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Overview: Postconviction court improperly denied appellant's Fla. R. Crim. P. 3.800(a) motion to correct an illegal sentence on the merits because the motion did not affirmatively allege that the court records demonstrated appellant's entitlement to relief on their face; the postconviction court should have dismissed the motion as facially insufficient.
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| Fla. Dep't of Fin. Servs. v. MJ Versaggi Trust, Case Nos. 2D06-687, 2D06-2057 CONSOLIDATED,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 9, 2007, Opinion Filed
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Overview: As a trust failed to show that two construction business owners were indeed "independent contractors," exempt from the definition of an "employee" for purposes of workers' compensation coverage, and neither obtain a valid certificate of exemption, both were considered employees for which the trust owed workers' compensation insurance premiums.
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| Gould & Lamb, LLC v. D'Alusio, Case No. 2D06-2552,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 9, 2007, Opinion Filed
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Overview: Trial court properly found that a severance agreement between an employer and its employee superseded a previously entered noncompete agreement, as the employer failed to show in any specific terms that it possessed legitimate business interests, including trade secrets, that were entitled to protection under the former agreement.
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| Hilltopper Holding Corp. v. Estate of Cutchin, Case No. 2D06-3800,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 9, 2007, Opinion Filed
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Overview: Because an estate failed in its burden of refuting the legally sufficient factual assertions set forth in affidavits accompanying a motion to dismiss a negligence complaint on personal jurisdiction grounds filed by two nursing home operators, taking said allegations to be true, the motions were erroneously denied.
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| Lopez-Valente v. State, Case No. 5D06-3269,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Overview: The trial court erred in summarily denying appellant's motion and supplemental motion for post-conviction relief filed pursuant to Fla. R. Crim. P. 3.850 because the police reports attached to the trial court's order were hearsay and were insufficient to conclusively refute appellant's double jeopardy claim.
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| Marshall v. Marshall, Case No. 5D06-967,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Overview: While a $ 1 alimony award to a wife was proper, the trial court erred in: granting her exclusive use and possession of the marital home, failing to observe the parties' agreement regarding the marital home without stating its reasons for doing so, and forcing the husband to a state of relative impoverishment via an unequal property distribution.
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