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   State Courts - Florida - March 9, 2007

  
P.J.S. v. Sch. Bd., Case No. 5D06-239, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Overview: Because the DOAH was not a proper party to a due process proceeding pursuant to § 1003.57(5), Fla. Stat. (2003), and no basis existed to appoint an attorney to act as a hearing officer, the Administration Commission correctly concluded that it lacked jurisdiction to appoint an attorney to act as hearing officer and dismissed a minor's action.

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Price v. Price, Case No. 5D05-3174, 5D05-3713, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Overview: Permanent periodic alimony award was affirmed because, under the circumstances, the trial court did not abuse its discretion under § 61.08(2), Fla. Stat. However, the award of attorney's fees was reversed because requiring the husband to pay the fees was an abuse of discretion under § 61.16, Fla. Stat., as he had to borrow money to pay the fees.

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Russell v. State, Case No. 5D06-1345, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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S. Heritage Hardwood Flooring, Inc. v. Sunstate Imp. Exp., Inc., Case No. 2D06-5213, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 9, 2007, Opinion Filed
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Salyer v. State, Case No. 5D07-146, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Shuey v. State, Case No. 5D05-1914, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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WSOS-FM, Inc. v. Hadden, Case No. 5D06-1687, 5D06-3651, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 9, 2007, Opinion Filed
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Overview: In a breach of contract action on appeal, because it was unclear if the trial judge concluded that the parties' agreement could not be orally modified and then verbally terminated, or if, while recognizing that oral modification and termination was legally possible, was simply not persuaded that such had occurred, remand was ordered.

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Wagner v. State, Case No. 2D05-1930, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 9, 2007, Opinion Filed
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Overview: Because the State failed to prove anything more than defendant's close proximity to the contraband, failed to introduce any fingerprint evidence linking him to the same, and his girlfriend testified that she hid such in his suits because he hardly ever wore them, no evidence rebutted defendant's reasonable hypothesis of innocence.

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Warren v. State, Case No. 2D05-4748, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 9, 2007, Opinion Filed
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