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| Graham v. State, No. 4D06-2816,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 14, 2007, Decided
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Overview: Because it was error to fail to delete from defendant's sentencing scoresheet prior juvenile dispositions on offenses committed more than five years before the offense for which he was being sentenced, the sentence imposed against him was reversed, and he was entitled to resentencing.
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| Hall v. State, Case No. 2D01-3082,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 14, 2007, Opinion Filed
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Overview: Manslaughter conviction was affirmed as jury could have rejected defendant's claim that victim initiated sudden combat under § 782.03, Fla. Stat. by throwing rock that struck innocent bystander since victim did not aim rock at defendant, and even if he had, defendant chased victim and dodged intervention attempts before inflicting fatal blow.
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| Hammond v. DSY Developers, LLC, No. 3D06-572,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 14, 2007, Opinion Filed
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Overview: By mailing a counteroffer after its acceptance date, a property owner impliedly waived the acceptance date. Because the property owner waived the acceptance date, the counteroffer contained no restriction on time other than reasonableness. Since the developer accepted the offer within a reasonable time, it was entitled to enforce the contract.
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| Hernando County Sch. Bd. v. Nazar, Case No. 5D05-1623,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 14, 2007, Decision Filed
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| Humane Soc'y of Broward County, Inc. v. Fla. Humane Soc'y, No. 4D06-1239,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 14, 2007, Decided
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Overview: Judgment awarding fees to appellee humane society was affirmed as it was up to the discretion of the trial court whether to award attorney's fees under the Florida Deceptive and Unfair Trade Practices Act to a prevailing defendant. The standard was not whether the losing plaintiff's suit was frivolous, unreasonable, or without foundation.
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| Intermab, Inc. v. Don Begg Real Estate, Inc., Case No. 2D06-4513,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 14, 2007, Opinion Filed
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| Johnson v. State, No. 4D07-480,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 14, 2007, Decided
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| Joseph v. Tenet Healthsystem N. Shore, Inc., No. 3D05-2577,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 14, 2007, Opinion Filed
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| Judd v. State, No. 4D06-3914,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 14, 2007, Decided
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Overview: Trial court erred in denying defendant's Fla. R. Crim. P. 3.850 motion to the extent that said motion alleged that his trial counsel was ineffective in failing to object to the presence of a sleeping juror, as he presented sufficient evidence warranting an evidentiary hearing on the issue.
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