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   State Courts - Florida - March 1, 2006

  
Haines v. Dania Corner, Inc., No. 4D04-1543, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Overview: Extent of owner's liability for injuries on property during a lease depended on extent owner maintained possessory interest or control over premises. Summary judgment for owner in a premises liability case was proper where owner maintained no control over the interior of the premises, and if there was a latent defect, the tenant knew of it.

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Harris v. State, CASE NO. 3D05-2820, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 1, 2006, Opinion Filed
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Overview: Where issue raised in defendant's Fla. R. Crim. P. 3.850(b) motion for postconviction relief had been previously raised and rejected by the appellate court, the trial court's denial of the instant motion was proper.

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Henley v. State, No. 4D04-4495, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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J.S. v. State, No. 4D05-2489, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Johnson v. State, No. 4D04-4596, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Overview: While the admission of an undercover officer's testimony that defendant was the subject of a drug investigation was error, it was harmless in light of the detailed evidence of defendant's sale of cocaine to the officer, who had his photograph, identified him, and paid him with a marked bill.

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Johnson v. State, No. 4D03-4043, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Joseph v. Joseph, No. 4D05-2989, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Mancebo v. State, CASE NO. 3D04-2951, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 1, 2006, Opinion Filed
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Overview: Where order denying defendant's first Fla. R. Crim. P. 3.850 motion stated that allegations did not constitute grounds for relief, and that motion was insufficient in substance, the denial was not on merits. Since time limit had not expired, defendant was allowed to file second Fla. R. Crim. P. 3.850 motion, and summary denial was improper.

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Martelus v. State, No. 4D05-2414, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 1, 2006, Decided
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Overview: Because defendant pleaded a reasonable probability that but for counsel's failure to move for suppression of defendant's confession that resulted from defective Miranda warnings, the result of the proceedings would have been different, the trial court erred in summarily denying defendant's Fla. R. Crim. P. 3.850 motion for postconviction relief.

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McCoy v. Pinellas County, Case No. 2D05-2243, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 1, 2006, Opinion Filed
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Overview: Because the trial court did not interpret Fla. Stat. § 760.11(5) (2003) in a manner consistent with federal case law involving a Title VII action, as was required by that statute, it erred in awarding attorneys' fees to a county in an employee's action against it alleging violations of the Florida Civil Rights Act.

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