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| Clemons v. Thornton, CASE NO. 1D07-1664,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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Overview: Though decedent properly conveyed life estate in homestead property to himself and wife as tenants by entireties, under art. X, ¿ 4(c), Fla. Const., his attempt to convey remainder interest to his daughter was ineffective without wife's joinder. Thus, remainder vested in his lineal descendants per stirpes under ¿¿ 732.104 and 732.401(1), Fla. Stat.
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| Crosby v. Fla. Parole Comm'n, CASE NO. 1D07-2846,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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Overview: As finding that inmate's violation of terms of conditional release was not made until matter was remanded to Florida Parole Commission, court violated inmate's due process rights by not giving him the opportunity to address the newly made finding before denying him relief from order revoking his conditional release supervision.
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| F. A. Richard & Assocs. v. Fernandez, CASE NO. 1D07-2623,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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Overview: Award of costs to the prevailing party on a workers' compensation claim was mandatory under ¿ 440.34(3), Fla. Stat. Thus, a JCC erred in denying the cost motion filed by the prevailing employer/carrier (E/C) on the basis that the E/C had not earlier pled entitlement to costs.
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| Howard v. Fla. Parole Comm'n, CASE NO. 1D07-3136,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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| Lacaj v. Fla. Unemployment Appeals Comm'n , CASE NO. 1D08-0374,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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| Matrix Emple. Leasing v. Hernandez, CASE NO. 1D07-1455,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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Overview: Although a claimant presented a false social security card for the purpose of obtaining employment, in violation ¿ 440.105(4)(b)(9), Fla. Stat. (2005), there was no evidence that he committed this crime for the purpose of obtaining workers' compensation benefits. Thus, ¿ 440.09(4)(a), Fla. Stat. (2005), did not preclude an award of such benefits.
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| Small v. State, CASE NO. 1D07-1543,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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Overview: Trial court abused its discretion in failing to grant a continuance after the State committed a discovery violation. The discovery violation rendered the defense of constructive possession of a controlled substance no longer viable, and a continuance should have been granted to allow for defense counsel to submit a motion to suppress.
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| Smith v. State, CASE NO. 1D08-0276,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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| U.S. Agri-Chemicals Corp. v. Camacho, CASE NO. 1D07-0272,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 10, 2008, Opinion Filed
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Overview: In a workers' compensation case, because the same result would have been reached even without a neurosurgeon's deposition and records, and that result was supported by competent substantial evidence in the form of an independent medical examiner, error in admitting the records was harmless.
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