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| Breland v. State, CASE NO. 1D05-5766,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 12, 2007, Opinion Filed
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Overview: Because the record on appeal failed to support a finding that defendant willfully failed to appear for sentencing, and had the trial court conducted an evidentiary hearing, sufficient evidence of willfulness could have been revealed, the sentence imposed, which was greater than that allowed under a plea agreement, was vacated.
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| City of Tarpon Springs v. Vaporis, CASE NO. 1D06-2995,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 12, 2007, Opinion Filed
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Overview: Because a judge of compensation claims erroneously applied a greater burden of proof than that required under § 112.18, Fla. Stat. (2005) to overcome the firefighter's presumption therein, an award of benefits to an employee was reversed, and the case was remanded for the judge to apply the correct burden, that of competent, substantial evidence.
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| Lawson v. McDonough, CASE NO. 1D06-3212,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 12, 2007, Opinion Filed
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| Love v. State, CASE NO. 1D06-2048,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 12, 2007, Opinion Filed
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Overview: Circuit court's summary denial of an inmate's postconviction claim of ineffective assistance of trial counsel for failure to call two witnesses was reversed, and the case was remanded for an evidentiary hearing on the issue because the testimony of the witnesses could possibly have produced a different result at trial.
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| Massey v. David, CASE NO. 1D06-3657,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 12, 2007, Opinion Filed
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Overview: Trial court properly awarded an attorney his costs in a legal malpractice action because § 57.071(2), Fla. Stat., was unconstitutional under Art. V, § 2(a), Fla. Const. Additionally, the client was not entitled to costs under § 57.041(1), Fla. Stat., because, although the jury found that the attorney was negligent, it awarded the client no damages.
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| Roberts v. Fla. Parole Comm'n, CASE NO. 1D06-3067,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 12, 2007, Opinion Filed
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Overview: As the 30-day time limit in Fla. R. App. P. 9.100(c)(4) had not been adopted to apply to parole revocation or presumptive parole release date proceedings, the circuit court, without issuing a show cause order, departed from the essential requirements of law in denying an inmate mandamus relief, entitling the inmate to a writ of certiorari.
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| State v. Gomez, CASE NO. 1D06-3043,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 12, 2007, Opinion Filed
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Overview: Circuit court's order suppressing evidence found in a duffel bag during the search of the passenger compartment of a vehicle driven by defendant was reversed because a fugitive was a passenger in the vehicle immediately before his arrest by law enforcement officers, and the fugitive was legally arrested by the officers pursuant to a warrant.
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| State v. Smith, CASE NO. 1D06-4767,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 12, 2007, Opinion Filed
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Overview: Petition for writ of certiorari by the State of Florida was denied because the State failed to show that the trial court's pretrial order excluding collateral crime evidence was a departure from the essential requirements of the law amounting to a miscarriage of justice.
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