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   State Courts - Florida - March 1, 2006

  
Del Rossi v. State, No. 4D04-4497, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Emanuel v. State, No. 4D04-4494, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Fluellen v. Law Offices of Fenstersheib & Fox, P.A., No. 4D05-1729, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Filed
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Ford v. State, No. 4D05-1329, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Gallo v. Brady, No. 4D04-3571, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Overview: Intended third party beneficiary of legal services was permitted to bring suit where testamentary intent as expressed in a will was frustrated by attorney's negligence and as a direct result, beneficiaries' legacy was lost or diminished. Summary judgment for lawyers in a claim alleging malpractice in estate planning for a decedent was error.

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Gateway Growers, Inc. v. Sch. Bd., No. 4D05-891, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Overview: Because a nursery operated its business on two separate and non-adjoining parcels of land, the business damages statute, Fla. Stat. § 73.071(3) (2004), did not apply. Hence, the trial court properly declined to submit the issues of compensation and business damages to the jury.

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Goldman v. Campbell, No. 4D04-4920, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Filed
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Overview: The purpose of Fla. R. Civ. P. 1.442(c)(1) was met where either the rule or Fla. Stat. § 768.79 was referenced in the proposal for settlement. A trial court erred in denying plaintiff's motion for attorney's fees even though, while the proposal referenced Fla. R. Civ. P. 1.442, it did not cite the applicable statute, Fla. Stat. § 768.79.

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Graham v. Peter K. Yeskel 1996 Irrevocable Trust, No. 4D05-1100, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006
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Overview: Where owners' joint proposal for settlement did not apportion offer between them, proposal did not state amount and terms attributable to each party, as required by Fla. R. Civ. P. 1.442(c)(3), and motion for attorney's fees was properly denied, despite fact that owners were sued on "single unified claim" directed at joint ownership of property.

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Graham v. State, No. 4D04-4406, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Overview: Because Fla. Stat. § 921.0021(5) precluded the inclusion in a sentencing scoresheet of juvenile offenses that occurred more than five years before the primary offense, and it was not clear that the same sentence would have been imposed with the correct calculation, defendant's Fla. R. Crim. P. 3.800(b)(2) motion should not have been denied.

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Grier v. State, CASE NO. 3D04-930, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 1, 2006, Opinion Filed
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Overview: Because defendant was charged with a single forcible felony, it was error to give a forcible felony instruction under Fla. Stat. § 776.041(1); the error was fundamental because it negated defendant's sole defense, was not harmless, and mandated reversal irrespective of an objection on defendant's part.

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