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| Aguilera v. State, No. 3D05-422,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Defendant struck man with gun, which discharged and killed him. "And/or" instruction given to link him and codefendant as actors was harmless error as to defendant; that codefendant brought gun, if attributed to defendant, did not establish element of second-degree murder (§ 782.04(2), Fla. Stat.), as premeditation was not element of that crime.
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| April Mist Ass'n v. Forever April Ass'n, No. 4D07-1742,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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| Balbin v. Lexington Ins. Co., No. 3D06-287,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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| Banco Espirito Santo Int'l, Ltd. v. BDO, Int'l, No. 3D07-599,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Clients alleged that a foreign accounting firm was vicariously liable for the malpractice committed by its member firm. The foreign firm was not entitled to a directed verdict on the liability issue, as the clients produced sufficient documentary evidence to create a triable issue on the issue of a principal-agent relationship between two firms.
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| Banks v. State, No. 4D07-4958,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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| Barber v. State, No. 3D08-128,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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| Bess v. State, No. 4D06-4166,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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| Bonner v. State, No. 3D06-1088,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Trial counsel was not ineffective for failing to call witnesses as strategic decision not to call witnesses was based on fact that neither would have testified that the inmate had permission to enter or remain in the victim's home when the relevant events occurred and thus, there was not probability that their failure to testify affected outcome.
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| City of Boynton Beach v. Ralph & Rosie, Inc., No. 4D07-3800,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: Writ of prohibition was entered quashing a circuit court's order which effectively enjoined a city from enforcing a separate quasi-judicial occupational license revocation order because the matter before the circuit court related only to the order certifying a fine and did not relate to the separate occupational license case.
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