Florida, March, 2009, State Case law

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State Courts - Florida - March 4, 2009

Alvarado v. Snow White & the Seven Dwarfs, Inc., No. 3D08-319, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 4, 2009, Opinion Filed
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Boatarama, Inc. v. Gomes, No. 3D07-3005, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 4, 2009, Opinion Filed
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Overview: Because the sellers never challenged the trial court's use of an excerpt of a printout demonstrating what a boat's Blue Book value would have been in determining the value of the boat, they were bound by the law of the case doctrine to the trial court's determination of value.

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Briggs v. Jupiter Hills Lighthouse Marina, No. 4D07-1997, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 4, 2009, Decided
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Brodeur v. Dale E. Peterson Vacations, Inc., CASE NO. 1D08-3516, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 4, 2009, Opinion Filed
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Overview: In breach of contract action against appellee property management corporation, as the trial court found there was no definitive proof of adequacy of representation, determination that a vacation rental property owner failed to carry his burden to prove each and every element required by Fla. R. Civ. P. 1.220 for class certification was supported.

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Brown v. Vanguard Sec. & Claims Ctr., CASE NO. 1D08-0344, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 4, 2009, Opinion Filed
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Citigroup Realty, Inc. v. Valdes, No. 3D08-2377, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 4, 2009, Opinion Filed
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Overview: It was error to grant real estate agent summary judgment in a suit to recover commissions. Discovery responses of brokerage firm and broker created a factual dispute as to the terms of the parties' oral agreement and whether an exception to the rule that one was entitled to commissions earned during employment but collected after discharge applied.

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Cmty. Health Charities v. State, CASE NO. 1D08-3126, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 4, 2009, Opinion Filed
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Overview: Department erred in adopting ALJ's order because ALJ failed to set forth basis for finding that certain charities did not provide direct services in local fiscal agent's area. Department's citation to record evidence supporting ALJ's findings in final order did not cure ALJ's failure to adhere to requirements of ? 120.569(2)(m), Fla. Stat.

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Collins v. State, No. 4D08-273, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 4, 2009, Decided
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Overview: Inmate received ineffective assistance of counsel when counsel failed to seek suppression of a statement inmate made to the police; the statement was obtained after the inmate made an unequivocal request for counsel, failure to seek suppression could not be considered reasonable trial tactic, and statement prejudiced the inmate.

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Cruz v. Hertz Corp., No. 3D08-1780, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 4, 2009, Opinion Filed
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Daniels v. State, Case No. 2D07-3782, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 4, 2009, Opinion Filed
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Overview: As the trial court abused its discretion in permitting a medical witness to give expert opinion testimony regarding sexual abuse that lacked a proper factual basis, and the appellate court was unable to conclude that the error was harmless, defendant's conviction under ? 794.011(2), Fla. Stat. had to be reversed and remanded for a new trial.

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