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   State Courts - Florida - March 6, 2009

  
Bailey v. Bailey, No. 4D09-679, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 6, 2009, Decided
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E.D.P. v. State, Case No. 2D07-1730, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 6, 2009, Opinion Filed
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Overview: In a juvenile proceeding, a restitution order regarding a firearm, a bicycle, and a laptop computer was reversed because the State failed to present evidence of the elements necessary to establish the fair market value of the items and because the trial court failed to make findings as to appellant's ability to pay restitution.

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Eisemann v. Eisemann, Case Nos. 2D08-192, 2D08-1308 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 6, 2009, Opinion Filed
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Overview: Trial court wrongly found that increase in husband's alimony obligation was required on ground that wife's needs were not met in dissolution judgment as husband was unable to meet those needs. Original alimony award was based on settlement agreement, not following trial where trial court made findings of wife's needs and husband's inability to pay.

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Farnam v. US Sugar Corp., CASE NO. 1D08-3534, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 6, 2009, Opinion Filed
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Fuentes v. Embro, Inc., CASE NO. 1D08-1720, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 6, 2009, Opinion Filed
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Gonzalez v. State, Case No. 2D08-653, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 6, 2009, Opinion Filed
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Kendricks v. State, CASE NO. 1D07-0512, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 6, 2009, Opinion Filed
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Mondy v. State, Case No. 2D08-1133, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 6, 2009, Opinion Filed
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Morgan v. Morgan, CASE NO. 1D08-2696, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 6, 2009, Opinion Filed
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Peach State Roofing, Inc. v. 2224 South Trail Corp., Case Nos. 2D07-278, 2D07-1077 CONSOLIDATED, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 6, 2009, Opinion Filed
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Overview: Judgment was reversed as contract unambiguously required roofer to remove old roof system and install new roof system for firm, fixed price. Without finding of ambiguity, trial court erred in holding that contract included implied term based on custom and practice.

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