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| Avellone v. Avellone, CASE NO. 1D06-5219,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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Overview: Because a husband's letter to an accountant, in which he agreed to be responsible for the taxes owed by the parties, was not superceded by the parties' settlement agreement, the husband was not entitled to contempt or other relief under a provision of parties' agreement in which parties waived the right to bring any claims against each other.
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| Baker v. State, CASE NO. 1D05-5891,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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Overview: State failed to establish sale of cocaine within 1,000 feet of a convenience business because the owner's testimony that he "sometimes" operated his business between 11:00 p.m. and 5 a.m. was insufficient to show that his store met the definition of "convenience business" as set forth in § 812.171, Fla. Stat.
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| Calidonio v. State, CASE NO. 1D05-4139,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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Overview: Because a condition of probation that prohibited any contact with a child under 18 years of age was impermissibly broad, and because the trial court failed to rule on the probationer's motion within 60 days, the probationer was entitled to the relief he sought in his Fla. R. Crim. P. 3.800(b) motion.
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| Gibson v. McDonough, CASE NO. 1D06-4626,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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Overview: Circuit court improperly imposed lien on inmate's prison trust account under § 57.085, Fla. Stat. for civil filing fees because his mandamus petition involved "collateral criminal proceeding" as he challenged adjudication of guilt of disciplinary infraction, which would affect his incentive gain-time under Fla. Admin. Code Ann. R. 33-601.101(6)(a).
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| Green v. State, CASE NO. 1D05-5552,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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Overview: Trial court did not abuse its discretion in denying defendant's request to adjourn the trial until the next day, but instead in keeping jury at court to deliberate after closing arguments were concluded at 9:20 p.m. on the day of trial because, inter alia, the jurors told trial court that they were able to give the case their full attention.
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| Harder v. State, CASE NO. 1D05-3585,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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Overview: Because the record did not support the trial court's finding that the victim was six years of age at the time of the commission of the offense, and because points were improperly scored for penetration, the trial court erred in resentencing a probationer under § 921.0016(3)(j), Fla. Stat., to a term of 17 years with credit for time served.
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| Isom v. State, CASE NO. 1D06-1649,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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Overview: Denial of inmate's Fla. R. Crim. P. 3.850 motion as to five ineffective assistance of counsel claims was reversed; trial court failed to address one claim and the other four were facially sufficient to require attachment of portions of record conclusively supporting summary denial or the conducting of an evidentiary hearing on the claims.
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| Landmark Towers, LLC v. Ibarguen, CASE NO. 1D06-607,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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Overview: Court could not substitute its conclusions for those of a Judge of Compensation Claims, who made a credibility determination that an employee's workplace injury, not an alleged preexisting osteoarthritic condition, was the major contributing cause of need for knee replacement surgery; evidence was submitted of only one emergency room visit in 1988.
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| Lizotte v. State, CASE NO. 1D06-1784, 1D06-1787, 1D06-1788, and 1D06-1790 CONSOLIDATED,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 13, 2007, Opinion Filed
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