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   State Courts - Florida - February 27, 2006

  
Burroughs v. Burroughs, CASE NO. 1D04-4993, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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Overview: A trial court erred in imputing income to a former wife when it made its alimony award to her, as it did not support that decision with the necessary findings pursuant to Fla. Stat. § 61.08(2) (2004); further, the award was not based on sufficient evidence where the husband did not offer documentary proof of the amount he alleged she could earn.

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Estright v. Bay Point Improvement Ass'n, CASE NO. 1D05-3971, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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Overview: Property owners were denied certiorari relief from an order granting disqualification of their counsel under Fla. R. Bar. 4-1.9, as they failed to dispute the claim that counsel previously represented their homeowner's association in matters substantially related to the instant suit, and they failed to provide the court with a hearing transcript.

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Fla. Dep't of Children & Family Servs. v. S.D., CASE NO. 1D05-5800, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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Harrell v. Aztec Envtl., Inc., CASE NO. 1D04-5058, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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Overview: In a wrongful death action, because opposing counsel had notice of the opinions of two doctors presented by the personal representative, no evidence of bad faith was presented, and the testimony would not have been cumulative, the trial court erred in excluding these two witnesses from testifying.

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Longmeier v. Longmeier, CASE NO. 1D05-2632, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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Overview: Attorney fee award in favor of a wife, under Fla. Stat. § 61.16, was modified based on the wife's failure to request attorney's fees until her response to a supplemental petition for modification of custody. Hence, attorney's fees could only be awarded from that point forward.

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Lyles v. State, CASE NO. 1D06-0132, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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O'Neill v. State, CASE NO. 1D05-4043, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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Smith v. Smith, CASE NO. 1D06-0082, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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Staats v. McKinnon, CASE NO. 1D05-4248, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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Overview: A Florida trial court had retained jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Fla. Stat. §§ 61.501-61.542, to enter an order enforcing an appellate court's mandate that the trial court's prior order, changing the parties' custody arrangement of their minor child, required reversal.

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Washington v. State, CASE NO. 1D05-3903, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2006, Opinion Filed
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